AB 2057

Bill Subjects

Abstract

Existing law requires the court to dismiss a criminal complaint if the preliminary examination is set or continued more than 60 days from the date of the arraignment, plea, or reinstatement of criminal proceedings, as specified, unless the defendant personally waives his or her right to a preliminary examination within the 60 days. This bill would expand that exception to dismissal to include the circumstance where good cause for a continuance is found for a jointly charged codefendant, as specified, in which case that good cause would apply to any jointly charged defendants whether or not they agree to waive the 60-day limit. By increasing prosecutorial burdens on local governments, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.