Assembly Appropriations Committee, Wednesday, April 15, 2026
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Assembly Appropriations Committee California State Assembly
Ihren Sitzungen folgenRedner 2
Fong present. Mark Gonzales? Mark Gonzales present. Krell? Mirasucci?
Pacheco? Pelerin? Solace, Ta, Ta present, Tongipa.
Redner 1
We have a quorum, and members will still be joining, hopefully. With that, I want to take up the consent calendar. I want to dispense this within two separate motions. The first motion is due pass, applies to bills that enjoy unanimous support in this committee and are eligible for the assembly floor consent calendar consistent with the assembly rules. Do we have a motion for this?
Second. We have a motion and a second.
Redner 2
Consent calendar, these are all ABs. Fifteen eighty seven, Taw, seventeen thirty six, Pelerin, seventeen sixty, Arambula, nineteen fifty one, Dixon, nineteen eighty one, Aguirre Currie, 2,056, Alvarez, 2,086, Ellis, 2,502, Pelerin, 2,542, Patterson.
Redner 1
That those are out on an a roll call, and I see miss Calderon is joining us. Thank you. The second motion, do pass, applies to bills that also enjoy unanimous support in this committee, but are not eligible for the assembly floor consent calendar. Excuse me. Consistent with assembly rules.
Do we have a motion
Redner 2
calendar part two. These are all ABs. 1560, Tongipaw, sixteen twenty five Wynn, and twenty one seventy nine Patel.
Redner 1
Those are else also out on an a roll call. With that, I'd like to dispense with the suspense calendar. Madam secretary, would you please read the suspense calendar?
Redner 2
These are all a b's. 1539, 1602, 1604, 1616, 1618, 1707, 1731, 1746, seventeen fifty four, seventeen eighty seven, seventeen eighty eight, eighteen twenty seven, 1831, 186618771941195019 sixty nine two thousand one hundred fifteen 2400 and sixty 22472, 24942593, and twenty six zero seven.
Redner 1
The suspense calendar is deemed approved. Thank you, mister Tungapaw, for joining us and miss Krell. Thank you, mister Slachey, for joining us today. Are we waiting on anything else to drive?
Redner 1
Oh, wait. There's Nick. Okay. Never mind. Great.
Okay. We are so excited to be having mister Schultz present his bill today. And AB nineteen seventeen and his primary witness is a constituent of mine. In fact, our daughters go to the same school. So Mr.
Clement, if you want to come up here next to Mr. Schultz. And you may begin when you are ready.
Redner 3
Well, thank you very much, Madam Chair. Sorry to keep you all waiting. I am pleased to present a b nineteen seventeen this morning, which addresses judicial inefficiency and would strengthen due process rights. Briefly, when a judge dismisses a felony criminal charge for having no probable cause at a preliminary hearing, a prosecutor under current law can simply add the charge back. This would create this creates unnecessary social and economic costs slowing down court proceedings by requiring defense attorneys to file lengthy nine nine five motions.
Redner 4
As noted in the committee analysis, these nine nine five motions effectively require re litigating the preliminary hearing almost in its entirety. AB nineteen seventeen would instead require that prosecutors file an eight seventy one point five motion to reinstate those dismissed charges. Again, as stated in the, excellently written committee analysis, this is likely to have a positive impact on trial courts as eight seventy one point five motions are likely faster, and the shift will likely lower the rates of those motions altogether. The shift will not only strengthen transparency and fairness in our legal system, but will also fortify judicial economy and resource utilization to address unnecessary costs. Testifying in support today is someone that the chair does know quite well, Tal Clement, deputy public defender with the San Francisco Public Defender's Office.
Redner 6
Thank you. Good morning, chair Wicks and members of the committee. My name is Tal Clemente, deputy public defender of the San Francisco Public Defender's Office. I'm testifying in support of a b nineteen seventeen, the Respect Judicial Decisions Act. This bill is bay is built on a basic principle.
People should not face criminal charges that are not supported by evidence. If a judge determines after listening to the evidence that there is not probable cause to support a charge, that charge shouldn't continue to hang over a person's head, and courts shouldn't spend additional time on unnecessary and costly litigation. Here is why the a b nineteen seventeen is needed. Under current law, when a judge removes a charge at the preliminary hearing due to a lack of evidence, a prosecutor can simply add the charge back to a case without providing any reason or explanation. As a result, courts are often bogged down by litigating charges that are not supported by evidence.
A b nineteen seventeen is narrowly tailored to address this issue. It would simply require prosecutors to file a motion explaining why a charge that was removed by the magistrate judge should be added back to the case. If the motion is granted, the charge would be added back to the case. This simple amendment to the court process will make courts more efficient, reduce state costs, and increase transparency and fairness. A b nineteen seventeen will reduce unnecessary litigation and save California resources.
Redner 1
Prosecutors will exercise more discretion in deciding what charges to bring generally, knowing that each charge must be supported by probable cause both at a preliminary hearing and afterwards if they choose to file a motion to reinstate. Under a b nineteen seventeen, after a magistrate judge dismisses a charge for lack of evidence, prosecutors will use discretion in determining whether to file an eight seventy one point five. Likely, they will file them only when their motion to reinstate have merit. Lastly, cases will resolve faster and outcomes will be fairer when we ensure that charges against accused individuals are backed by evidence. AB nineteen seventeen will improve court efficiency, fairness, and due process.
Redner 4
Melanie Kim, San Francisco Public Defender's Office, cosponsor, and on behalf of the following organizations in support, Friends Committee on Legislation of California, South Bay People Power, Buen Vicino, California Coalition for Women Prisoners.
Redner 1
Good morning. Capri Walker with Californians for Safety and Justice, proud cosponsor in support. Also, behalf of our fellow cosponsor California attorneys for criminal justice in support. Great. Any primary witnesses in opposition?
Any additional folks wish to express opposition? We will bring it back to committee. Any questions?
Redner 1
We have a motion. We have a second. And we're actually gonna do a a roll call on this bill. Aye. So this is on call.
We're waiting for a couple members to come to committee. But thank you for the presentation. Thank you all. Thank you. I wanna now we're we're waiting for a couple members to come back, to come to committee here to add on.
In the meantime, so if you're on the Appropriations Committee, if you could come, that would be great. I'd like to open up the hearing room to comments by members of the public on any bill not presented in committee today. Please be sure to limit your comment to name, organization, if any, and position in your bill. There's anyone in the hearing room who'd like to present mister McHaley, I see he's here. Of course, first up to bat.
Go for On
Redner 5
time this this time. Not running up. Madam chair, two bills. Chris McHaley on behalf of Full Well, a nonprofit advocating for sustainable food policy, a cosponsor of AB seventeen thirty one by Miss Wilson, and then on behalf of the Civil Justice Association of California in support of AB twenty six zero seven by Miss Winn. Thank you, madam chair.
Redner 1
Thank you. Anyone else? Okay. We will wait until we get a couple more members from the committee here.
Redner 2
A b nineteen seventeen. Blanco? Pacheco. Sorry. Sorry.
Hi. Pacheco Eye. Thank you. Phong? Phong.
Phong guy. Calderon? Aye. Calderon, aye. For a B1917, Schultz?
Aye.
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