AB 1214

Bill Subjects

Abstract

Existing law provides that, if a person is convicted of a felony and is eligible for probation, the court is required to refer the matter to a probation officer to create a probation sentencing report containing specified information that may be considered either in aggravation or mitigation of the punishment before judgment is pronounced. Existing law requires the probation sentencing report to be provided to the court and to the parties at least 5 days, or upon request of the defendant or prosecuting attorney, 9 days, before the sentencing hearing unless the deadline is waived by the parties, as specified. Existing law provides that generally, a person seeking to continue a hearing in a criminal proceeding is required to file and serve a written notice to all parties at least 2 court days before the hearing that is to be continued. This bill would authorize a court to grant the defendant's request for continuance when the probation department fails to provide the report by the 5-day or 9-day deadline only if the court finds good cause to grant the continuance.