Appropriations Committee advances AB 1917 to require motion to reinstate charges after dismissal
Loading...
Summary
The Assembly Appropriations Committee voted to advance AB 1917, the "Respect Judicial Decisions Act," which would require prosecutors to file an 871.5 motion when seeking to reinstate charges dismissed at a preliminary hearing, supporters said this will reduce duplicative litigation and improve fairness.
Mr. Schultz, who presented AB 1917 to the California State Assembly Appropriations Committee on April 15, said the measure seeks to reduce courtroom delays and strengthen due process by changing how prosecutors reinstate charges dismissed at preliminary hearings.
"AB 1917 would instead require that prosecutors file an 871.5 motion to reinstate those dismissed charges," Mr. Schultz told the committee, arguing that the move would reduce the need for lengthy section 995 motions and improve judicial economy.
Tal Clement, deputy public defender with the San Francisco Public Defender's Office, testified in support of the bill, saying the change would protect individuals from having charges linger when a judge has already found insufficient probable cause. "People should not face criminal charges that are not supported by evidence," Clement said, and asked members to "please vote aye." He told the committee that requiring a specific reinstatement motion would increase transparency and likely speed case resolution by avoiding relitigation of preliminary hearings.
Melanie Kim of the San Francisco Public Defender's Office and Capri Walker of Californians for Safety and Justice were listed among supporters; committee members did not register any primary witnesses in opposition during the hearing.
A member moved the bill and it was seconded; the committee proceeded to a roll call and several members verbally registered their support. The chair announced, "That bill is out," indicating the committee approved AB 1917 to move forward out of appropriations.
The bill's supporters said the change is narrowly tailored to require prosecutors to justify reinstating charges after a magistrate judge has dismissed them for lack of probable cause; opponents were not recorded on the day's floor. The committee also handled consent and suspense calendars during the session and heard brief public comments on other bills.
The Appropriations Committee adjourned after disposing of the day's business; the bill will next be scheduled according to Assembly rules for further floor action.
