AB 1636

Bill Subjects

Abstract

Under existing law, a person who is arrested and charged by complaint with a felony offense shall, within 10-days, or later if they waive the 10 day requirement, have a preliminary examination to determine if there is probable cause to hold them to answer. After a finding by the court of probable cause, the defendant may file a motion to set aside the finding of probable cause. Under existing law, a person arrested and charged with a misdemeanor who is in custody at the time of arraignment may request a determination of probable cause on each charge, which shall be made immediately by the court on the basis of any warrant of arrest, the complaint, or any documents of similar reliability, unless good cause exists to delay the determination for not more than 3 days. This bill would authorize a person charged by complaint with a felony to, at the time of arraignment, make a motion for a determination of probable cause on each count charged, which shall be made by the court immediately on the basis of the complaint, warrant, police reports, or other documents of similar reliability, or may be continued for not more than 3 days for good cause. The bill would require the court to dismiss any count charged for which the court does not make a finding of probable cause. This bill would allow a charge dismissed pursuant to such a motion to be refiled under certain specified circumstances. The bill would also clarify that a finding that probable cause exists pursuant to such a motion is not binding on the court in any later hearing for the purpose of determining probable cause.