AB 1917: Criminal procedure: information.

Official summary

Legislative Counsel’s Digest (official, as of the latest version). Written by nonpartisan legislative staff; reproduced verbatim.

Existing law provides a district attorney with the discretion to file criminal charges against an individual. Existing law requires a preliminary examination to be conducted, as specified, before an information is filed. Upon completion of a preliminary hearing, existing law requires the district attorney to file an information against the defendant charging the defendant with either the offense or offenses named in the order of commitment or any offense or offenses shown by the evidence taken before the magistrate to have been committed. Under existing law, when an action is dismissed by a magistrate, as specified, the prosecutor may make a motion in the superior court within 15 days to compel the magistrate to reinstate the complaint or a portion of the complaint and to reinstate the custodial status of the defendant under the same terms and conditions as when the defendant last appeared before the magistrate.

Under existing law, the defendant may make a motion to set aside the indictment or information based claim that defendant had been committed without reasonable or probable cause and specifies the procedures for that motion. Existing law requires a writ of prohibition based on the ground that a defendant was committed based on an information without reasonable or probable cause to be filed in the appellate court within 15 days after a motion to set aside an indictment or information has been denied by the court.

This bill, the Respect Judicial Decisions Act, would, on or after January 1, 2027, in cases where a defendant was held to answer for at least one felony count at the preliminary hearing, require the district attorney to file a motion seeking leave to charge an offense or offenses that were dismissed at the preliminary examination due to the lack of reasonable or probable cause before the district attorney can file an information reinstating the charge or charges, as specified. The bill would require a writ of prohibition based on the ground that the defendant was committed based on an information without reasonable or probable cause to be filed in the appellate court within 15 days of a court granting the above-described motion to reinstate an offense or offenses. The bill would authorize review of the granting of a motion to reinstate a charge only if a motion for review is brought no later than 60 days following the defendant’s arraignment on the information or indictment of a felony, except as specified. By placing new duties on prosecutors, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Sponsors

Sponsors by party (alphabetical): Democratic 1

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. September 20, 2026Chaptered by Secretary of State - Chapter 376, Statutes of 2026.
2. September 20, 2026Approved by the Governor.
3. September 4, 2026Enrolled and presented to the Governor at 4 p.m.
4. August 27, 2026Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 52. Noes 18. Page 6712.).
5. August 27, 2026In Assembly. Concurrence in Senate amendments pending.
6. August 26, 2026Read third time. Passed. Ordered to the Assembly. (Ayes 28. Noes 11.).
7. August 17, 2026Read second time. Ordered to third reading.
8. August 13, 2026From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 13).
9. August 13, 2026Read second time and amended. Ordered returned to second reading.
10. August 3, 2026In committee: Referred to APPR. suspense file.
11. June 17, 2026In committee: Hearing postponed by committee.
12. June 11, 2026Read second time and amended. Re-referred to Com. on APPR.