SB 86

Under current law, a prosecutor may dismiss or amend a criminal charge

without approval from the court. Under this bill, a prosecutor must get the court's

approval to dismiss or amend a charge if the charge is for any of the following: 1) a

crime of domestic abuse or a violation of a domestic violence temporary restraining

order or injunction; 2) theft of an automobile; 3) a crime of abuse of an individual at

risk or a violation of an individual-at-risk TRO or injunction; 4) first-degree,

second-degree, or third-degree sexual assault; 5) a crime against a child; 6) illegal

possession of a firearm if the person has been convicted of, adjudicated delinquent

for, or found not guilty by reason of mental disease or defect of, committing, soliciting,

conspiring, or attempting to commit a violent felony, as defined under current law;

or 7) reckless driving that results in great bodily harm. The court may approve the

dismissal or amendment of such a charge only if the court finds the action is

consistent with the public's interest in deterring the commission of these crimes and

with the legislature's intent, expressed in this bill, to vigorously prosecute

individuals who commit these crimes. If the court approves any dismissal or

amendment in a year, the court must submit an annual report to the legislature

detailing each approval.

Current law allows a prosecutor to enter into a deferred prosecution agreement

with a defendant who is charged or may be charged with a crime. Generally, under

a deferred prosecution agreement, the prosecutor agrees to dismiss a charge or not

file a charge if the defendant complies with specified conditions. In addition, current

law provides specific criteria for a deferred prosecution agreement if the defendant

is or may be charged with child sexual abuse if the defendant is the parent of, the

guardian of, a close relative of, or residing with the child; with a crime of domestic

violence; or with a violation of a domestic violence TRO or injunction. Current law

also prohibits a prosecutor from entering into a deferred prosecution agreement with

a defendant who is charged or may be charged with operating a vehicle while under

the influence of an intoxicant or a controlled substance, causing injury to another

while operating a vehicle while under the influence, or homicide by intoxicated use

of a vehicle. The bill prohibits a prosecutor from entering into a deferred prosecution

agreement with a defendant who is or may be charged with any of the same crimes

listed in items 1 to 7 above.