Attorney General No.

SA83RF0018

Secretary of State No.

326

Description

CRIMINAL COURT PROCEDURES. INITIATIVE CONSTITUTIONAL AMENDMENTS AND STATUTES. Changes criminal court procedures regarding jury selection, continuances, admissible evidence, probation and parole revocation, grand juries, and other matters. Among other changes, provides agreement of 10 jurors is sufficient for criminal verdicts except in death penalty cases; authorizes hearsay evidence before grand jury or at preliminary examinations as basis for findings and restricts evidence presented to that needed to show sufficient cause to believe defendant committed an offense; expands judicial control of jury examination; requires showing of good cause for continuances; restricts motions made prior to or at preliminary examinations. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: The various provisions of this measure could affect the length and number of criminal proceedings (grand jury hearings, preliminary hearings, and trials) and the length of incarceration of defendants for whom probation or parole is revoked. Some of these changes probably would result in savings to state and local governments, especially those relating to non-unanimous jury verdicts, and the jury selection process. Other provisions, particularly those involving probation and parole revocation, could result in additional costs to state and local governments. Given the data available at this time, it is not possible to determine the measure's fiscal impact on state and local governments.

Proponents

Evelle J. Younger Robert F. Kane Buchalter, Nemer, Fields, Chrystie & Younger, 700 South Flower Street, Los Angeles, Ca 90017-4183 (213) 626-6700

Date

9-13-1983

Document Type

Initiative

Qualified

Failed to Qualify

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