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