SB 82

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 certain

terms including "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 a specified person has or had an account at the financial institution.

Chapter 969, as reorganized under this bill, contains provisions addressing

arrest and release, identifies ways to secure the appearance of a defendant, and

includes provisions that allow expediting 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 that a citation must contain the crime the person

allegedly committed, the time and place of the alleged commission, and the

maximum penalty for the charged 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 provide proper

identification or appears to pose a danger to 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

to issue 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 to issue a criminal complaint.

If the court allows the release of a defendant before conviction or the release of

a convicted person prior to sentencing, this bill specifies that the court may either

release the person to return on a specific date without conditions or release the