Jeff Miller
- Republican
Author
Existing law requires that a defendant be brought to trial within 60 days of arraignment on an indictment or information in a felony case, or within 30 or 45 days of arraignment or entry of plea in a misdemeanor case, as specified. Under existing law, the case must be dismissed if the defendant did not waive that time limit or consent to an extension of time, as specified, and the case is not brought to trial within the time limit. Under existing law, if the defendant does waive time, he or she may withdraw his or her waiver of time and then the case is required to be brought to trial within 60 days for a felony, or 30 or 45 days for a misdemeanor, of the withdrawal of the waiver. Existing law provides that when there is no general time waiver, and a case has been set for trial beyond the time limits specified above by request or consent, express or implied, the defendant must be brought to trial on the date set or within 10 days thereafter. This bill would require the withdrawal of a time waiver to be done in open court, as specified. The bill would specify that in the absence of an express general time waiver from the defendant, or upon the withdrawal of a general time waiver, the court shall set the trial date, as specified, and shall notify all parties of that date.
Chaptered by Secretary of State - Chapter 424, Statutes of 2009.
Approved by the Governor.
Enrolled and to the Governor at 5:15 p.m.
In Assembly. To enrollment.
Read third time, passed, and to Assembly. (Ayes 38. Noes 0. Page 1914.)
Read second time. To third reading.
From committee: Do pass. (Ayes 6. Noes 0.) (June 16).
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time, passed, and to Senate. (Ayes 74. Noes 0. Page 1550.)
Read second time. To third reading.
From committee: Do pass. (Ayes 7. Noes 0.) (May 12).
From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
From printer. May be heard in committee March 13.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB250 | HTML |
| 02/10/09 - Introduced | |
| 05/07/09 - Amended Assembly | |
| 08/27/09 - Enrolled | |
| 10/11/09 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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