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AB-568 Criminal procedure: testimony of law enforcement officers.(2013-2014)



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AB568:v97#DOCUMENT

Assembly Bill No. 568
CHAPTER 125

An act to amend Section 872 of the Penal Code, relating to criminal procedure.

[ Approved by Governor  August 19, 2013. Filed with Secretary of State  August 19, 2013. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 568, Muratsuchi. Criminal procedure: testimony of law enforcement officers.
Existing law, as amended by Proposition 115, approved by the voters at the June 5, 1990, statewide primary election, authorizes a finding of probable cause to be based in whole or in part upon the sworn testimony of a law enforcement officer or honorably retired law enforcement officer relating the statements of declarants made out of court offered for the truth of the matter asserted. Under existing law that officer is required to have 5 years law enforcement experience or completed specified training. Existing law provides for amendment of these provisions by a 2/3 vote of each house of the Legislature.
This bill would define a law enforcement officer, for purposes of these provisions, as any officer or agent employed by a federal, state, or local government agency who, in addition to that experience or training, has primary responsibility of the enforcement of any law, the detection and apprehension of persons who have violated any law, or the investigation and preparation for prosecution of cases involving violation of laws.
Vote: 2/3   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 872 of the Penal Code is amended to read:

872.
 (a) If, however, it appears from the examination that a public offense has been committed, and there is sufficient cause to believe that the defendant is guilty, the magistrate shall make or indorse on the complaint an order, signed by him or her, to the following effect: “It appearing to me that the offense in the within complaint mentioned (or any offense, according to the fact, stating generally the nature thereof), has been committed, and that there is sufficient cause to believe that the within named A. B. is guilty, I order that he or she be held to answer to the same.”
(b) Notwithstanding Section 1200 of the Evidence Code, the finding of probable cause may be based in whole or in part upon the sworn testimony of a law enforcement officer or honorably retired law enforcement officer relating the statements of declarants made out of court offered for the truth of the matter asserted. An honorably retired law enforcement officer may only relate statements of declarants made out of court and offered for the truth of the matter asserted that were made when the honorably retired officer was an active law enforcement officer. Any law enforcement officer or honorably retired law enforcement officer testifying as to hearsay statements shall either have five years of law enforcement experience or have completed a training course certified by the Commission on Peace Officer Standards and Training that includes training in the investigation and reporting of cases and testifying at preliminary hearings.
(c) For purposes of subdivision (b), a law enforcement officer is any officer or agent employed by a federal, state, or local government agency to whom all of the following apply:
(1) Has either five years of law enforcement experience or who has completed a training course certified by the Commission on Peace Officer Standards and Training that includes training in the investigation and reporting of cases and testifying at preliminary hearings.
(2) Whose primary responsibility is the enforcement of any law, the detection and apprehension of persons who have violated any law, or the investigation and preparation for prosecution of cases involving violation of laws.