2009 California Penal Code - Section 1046-1051 :: Chapter 8. Formation Of The Trial Jury And Thecalendar Of Issues For Trial

PENAL CODE
SECTION 1046-1051

1046.  Trial juries for criminal actions are formed in the same
manner as trial juries in civil actions.

1048.  (a) The issues on the calendar shall be disposed of in the
following order, unless for good cause the court directs an action to
be tried out of its order:
   (1) Prosecutions for felony, when the defendant is in custody.
   (2) Prosecutions for misdemeanor, when the defendant is in
custody.
   (3) Prosecutions for felony, when the defendant is on bail.
   (4) Prosecutions for misdemeanor, when the defendant is on bail.
   (b) Notwithstanding subdivision (a), all criminal actions in which
(1) a minor is detained as a material witness or is the victim of
the alleged offense, (2) a person who was 70 years of age or older at
the time of the alleged offense or is a dependent adult, as defined
in subdivision (d) of Section 368, was a witness to, or is the victim
of, the alleged offense or (3) any person is a victim of an alleged
violation of Section 261, 262, 264.1, 273a, 273d, 285, 286, 288,
288a, or 289, committed by the use of force, violence, or the threat
thereof, shall be given precedence over all other criminal actions in
the order of trial. In those actions, continuations shall be granted
by the court only after a hearing and determination of the necessity
thereof, and in any event, the trial shall be commenced within 30
days after arraignment, unless for good cause the court shall direct
the action to be continued, after a hearing and determination of the
necessity of the continuance, and states the findings for a
determination of good cause on the record.
   (c) Nothing in this section shall be deemed to provide a statutory
right to a trial within 30 days.

1048.1.  In scheduling a trial date at an arraignment in superior
court involving murder, as defined in subdivision (a) of Section 187,
an alleged sexual assault offense, as described in subdivisions (a)
and (b) of Section 11165.1, or an alleged child abuse offense, as
described in Section 11165.6, or a case being handled in the Career
Criminal Prosecution Program pursuant to Sections 999b through 999h,
reasonable efforts shall be made to avoid setting that trial, when
that case is assigned to a particular prosecuting attorney, on the
same day that another case is set for trial involving the same
prosecuting attorney.

1049.  After his plea, the defendant is entitled to at least five
days to prepare for trial.

1049.5.  In felony cases, the court shall set a date for trial which
is within 60 days of the defendant's arraignment in the superior
court unless, upon a showing of good cause as prescribed in Section
1050, the court lengthens the time. If the court, after a hearing as
presecribed in Section 1050, finds that there is good cause to set
the date for trial beyond the 60 days, it shall state on the record
the facts proved that justify its finding. A statement of facts
proved shall be entered in the minutes.

1050.  (a) The welfare of the people of the State of California
requires that all proceedings in criminal cases shall be set for
trial and heard and determined at the earliest possible time. To this
end, the Legislature finds that the criminal courts are becoming
increasingly congested with resulting adverse consequences to the
welfare of the people and the defendant. Excessive continuances
contribute substantially to this congestion and cause substantial
hardship to victims and other witnesses. Continuances also lead to
longer periods of presentence confinement for those defendants in
custody and the concomitant overcrowding and increased expenses of
local jails. It is therefore recognized that the people, the
defendant, and the victims and other witnesses have the right to an
expeditious disposition, and to that end it shall be the duty of all
courts and judicial officers and of all counsel, both for the
prosecution and the defense, to expedite these proceedings to the
greatest degree that is consistent with the ends of justice. In
accordance with this policy, criminal cases shall be given precedence
over, and set for trial and heard without regard to the pendency of,
any civil matters or proceedings. In further accordance with this
policy, death penalty cases in which both the prosecution and the
defense have informed the court that they are prepared to proceed to
trial shall be given precedence over, and set for trial and heard
without regard to the pendency of, other criminal cases and any civil
matters or proceedings, unless the court finds in the interest of
justice that it is not appropriate.
   (b) To continue any hearing in a criminal proceeding, including
the trial, (1) a written notice shall be filed and served on all
parties to the proceeding at least two court days before the hearing
sought to be continued, together with affidavits or declarations
detailing specific facts showing that a continuance is necessary and
(2) within two court days of learning that he or she has a conflict
in the scheduling of any court hearing, including a trial, an
attorney shall notify the calendar clerk of each court involved, in
writing, indicating which hearing was set first. A party shall not be
deemed to have been served within the meaning of this section until
that party actually has received a copy of the documents to be
served, unless the party, after receiving actual notice of the
request for continuance, waives the right to have the documents
served in a timely manner. Regardless of the proponent of the motion,
the prosecuting attorney shall notify the people's witnesses and the
defense attorney shall notify the defense's witnesses of the notice
of motion, the date of the hearing, and the witnesses' right to be
heard by the court.
   (c) Notwithstanding subdivision (b), a party may make a motion for
a continuance without complying with the requirements of that
subdivision. However, unless the moving party shows good cause for
the failure to comply with those requirements, the court may impose
sanctions as provided in Section 1050.5.
   (d) When a party makes a motion for a continuance without
complying with the requirements of subdivision (b), the court shall
hold a hearing on whether there is good cause for the failure to
comply with those requirements. At the conclusion of the hearing, the
court shall make a finding whether good cause has been shown and, if
it finds that there is good cause, shall state on the record the
facts proved that justify its finding. A statement of the finding and
a statement of facts proved shall be entered in the minutes. If the
moving party is unable to show good cause for the failure to give
notice, the motion for continuance shall not be granted.
   (e) Continuances shall be granted only upon a showing of good
cause. Neither the convenience of the parties nor a stipulation of
the parties is in and of itself good cause.
   (f) At the conclusion of the motion for continuance, the court
shall make a finding whether good cause has been shown and, if it
finds that there is good cause, shall state on the record the facts
proved that justify its finding. A statement of facts proved shall be
entered in the minutes.
   (g) (1) When deciding whether or not good cause for a continuance
has been shown, the court shall consider the general convenience and
prior commitments of all witnesses, including peace officers. Both
the general convenience and prior commitments of each witness also
shall be considered in selecting a continuance date if the motion is
granted. The facts as to inconvenience or prior commitments may be
offered by the witness or by a party to the case.
   (2) For purposes of this section, "good cause" includes, but is
not limited to, those cases involving murder, as defined in
subdivision (a) of Section 187, allegations that stalking, as defined
in Section 646.9, a violation of one or more of the sections
specified in subdivision (a) of Section 11165.1 or Section 11165.6,
or domestic violence as defined in Section 13700, or a case being
handled in the Career Criminal Prosecution Program pursuant to
Sections 999b through 999h, or a hate crime, as defined in Title 11.6
(commencing with Section 422.6) of Part 1, has occurred and the
prosecuting attorney assigned to the case has another trial,
preliminary hearing, or motion to suppress in progress in that court
or another court. A continuance under this paragraph shall be limited
to a maximum of 10 additional court days.
   (3) Only one continuance per case may be granted to the people
under this subdivision for cases involving stalking, hate crimes, or
cases handled under the Career Criminal Prosecution Program. Any
continuance granted to the people in a case involving stalking or
handled under the Career Criminal Prosecution Program shall be for
the shortest time possible, not to exceed 10 court days.
   (h) Upon a showing that the attorney of record at the time of the
defendant's first appearance in the superior court on an indictment
or information is a Member of the Legislature of this state and that
the Legislature is in session or that a legislative interim committee
of which the attorney is a duly appointed member is meeting or is to
meet within the next seven days, the defendant shall be entitled to
a reasonable continuance not to exceed 30 days.
   (i) A continuance shall be granted only for that period of time
shown to be necessary by the evidence considered at the hearing on
the motion. Whenever any continuance is granted, the court shall
state on the record the facts proved that justify the length of the
continuance, and those facts shall be entered in the minutes.
   (j) Whenever it shall appear that any court may be required,
because of the condition of its calendar, to dismiss an action
pursuant to Section 1382, the court must immediately notify the Chair
of the Judicial Council.
   (k) This section shall not apply when the preliminary examination
is set on a date less than 10 court days from the date of the
defendant's arraignment on the complaint, and the prosecution or the
defendant moves to continue the preliminary examination to a date not
more than 10 court days from the date of the defendant's arraignment
on the complaint.
   (l) This section is directory only and does not mandate dismissal
of an action by its terms.

1050.1.  In any case in which two or more defendants are jointly
charged in the same complaint, indictment, or information, and the
court or magistrate, for good cause shown, continues the arraignment,
preliminary hearing, or trial of one or more defendants, the
continuance shall, upon motion of the prosecuting attorney,
constitute good cause to continue the remaining defendants' cases so
as to maintain joinder. The court or magistrate shall not cause
jointly charged cases to be severed due to the unavailability or
unpreparedness of one or more defendants unless it appears to the
court or magistrate that it will be impossible for all defendants to
be available and prepared within a reasonable period of time.

1050.5.  (a) When, pursuant to subdivision (c) of Section 1050, the
court imposes sanctions for failure to comply with the provisions of
subdivision (b) of Section 1050, the court may impose one or both of
the following sanctions when the moving party is the prosecuting or
defense attorney:
   (1) A fine not exceeding one thousand dollars ($1,000) upon
counsel for the moving party.
   (2) The filing of a report with an appropriate disciplinary
committee.
   (b) The authority to impose sanctions provided for by this section
shall be in addition to any other authority or power available to
the court, except that the court or magistrate shall not dismiss the
case.

1051.  Upon a trial for any offense, if a defense witness testifies,
there shall be good cause for a reasonable continuance unless the
court finds that the prosecutor was or should, with due diligence,
have been aware of such evidence. If the continuance is granted
because of the defendant's testimony, it shall not exceed one day.


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