AB 383

This bill reorganizes each chapter of the criminal procedure code, with the

exception of chapter 973, Sentencing. This analysis is organized in the ascending

order of the chapters, as reorganized in the bill. This bill creates subchapters in long

chapters, separates long statutes into shorter statutes, reorganizes individual

statutes, and provides titles for some provisions. This bill also creates new authority

for courts and codifies some current practices.

Under this bill, chapter 967 contains definitions of terms used throughout the

criminal procedure code and general provisions that, under current law, appear

throughout the criminal procedure code. The bill also adds definitions for

"complaint," "district attorney," "felony," "misdemeanor," "motion," and "sentencing."

This bill moves to chapter 968 all current law provisions relating to

investigative procedures such as inquests, John Doe proceedings, grand juries,

wiretapping, and search and seizure provisions.

This bill creates a process that requires a court, upon the request of a district

attorney and a showing that the information requested is relevant to a criminal

investigation, to order a financial institution to disclose to the district attorney

whether the person named in the order has or had an account at the financial

institution.

Under this bill, chapter 969 contains provisions addressing arrest and release,

identifies ways to secure the appearance of a defendant, and includes provisions

intended to expedite the processing of misdemeanors. Under current law, a citation

issued by a law enforcement officer directs a person to appear in court and answer

criminal charges. The citation may not be used as a criminal complaint. This bill

allows a citation for a misdemeanor that is issued by a law enforcement officer to be

used as a criminal complaint if the district attorney endorses it. The bill specifies the

contents of the citation, such as the crime the person allegedly committed, the date

of the commission, and the maximum penalty for the crime. The bill requires a law

enforcement officer citing a person for a misdemeanor to release the person without

a cash bond unless certain circumstances apply, including if the person does not give

proper identification or appears to endanger a person or property.

Under current law, a law enforcement officer generally may release a person

who is arrested without a warrant without requiring the person to appear before a

judge if the law enforcement officer is satisfied that there are insufficient grounds

for the issuance of a criminal complaint against the person. Under this bill, a law

enforcement officer may release such a person without determining that there are

insufficient grounds for the issuance of a criminal complaint.

Under current law, a person arrested for a criminal offense may be released

under reasonable conditions that the court sets at an initial appearance. This bill

provides that, with exceptions, a district attorney may release an arrested person

before the initial appearance if the person signs a bond. The district attorney may