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HomeMy WebLinkAboutRESOLUTIONS - 01011961 - RES-038 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval of proposed legislation for filing RESOLUTION NO. complaints after citation. WHEREAS, the District Attorney has presented to this Board proposed legislation relating to the filing of complaints after citation, NOW, THEREFORE, BE IT RESOLVED that this Board does approve and endorse said proposed legislation, a copy of which is attached hereto and incorporated herein by ref- erence. PASSED AND ADOPTED this 18th day of April, 1961, by the following vote of the Board: AYES: Supervisors James P. Kenny, Thomas John Coll, Edmund A. Linscheid, Joseph S. Silva. NOES: None. ABSENT: Supervisor Mel F. Nielsen. RESOLUTION NM '93 8 Chapter Assembly HIS Ifa An act to add Lection 853.92 Chapter 5D, to Title 3, Part 2 of the Penal Code, relating to the filing of complaints. The People of the State of California do enact as follows: Section 1. Section 853 .9, Chapter 5D, is added to Title 3, Part 2 of the Penal Code to read: Chapter 5D Filing Complaint after Citation 853.9 Whenever written notice to appear has been prepared, delivered, and filed with the court pursuant to the provisions of section 853.6 of this code or pursuant to the provisions of a county, city or city and county ordinance enacted pursuant to the provisions of section 853.1 of this code, an exact and legible duplicate copy of the notice when filed with the magis- trate, in lieu of a verified complaint , shall constitute a complaint to which the defendant may plead tguiltyf . If, however, the defendant violates his promise to appear in court, or does not deposit lawful bail, or pleads other than tguiltyt of the offense charged, a complaint shall be filed which shall conform to the provisions of this code and which shall be deemed to be an original complaint ; and thereafter proceedings shall be had as provided by law, except that a defendant may, by an agreement in writing, subscribed by him and filed with the court, waive the filing of a verified com- plaint and elect that the prosecution may proceed upon a written notice to appear. 038