Assembly committee advances AB 1917 on felony reinstatement motions

The Assembly Appropriations Committee advanced AB 1917 on April 15 after hearing support testimony and no recorded opposition.

The bill would require prosecutors to file a motion under Penal Code section 871.5 to reinstate felony charges dismissed at preliminary hearing for lack of probable cause, instead of simply re-adding the charge, according to the committee hearing video on April 15.

Tal Clement of the San Francisco Public Defender’s Office called the measure the “Respect Judicial Decisions Act” and said it would improve due process and reduce unnecessary litigation. Other supporters also spoke in favor during the hearing, the transcript shows.

After testimony, the committee voted to move AB 1917 forward. The roll call recorded aye votes from Pacheco, Fong and Calderon, and the bill was declared out of committee, according to the hearing summary and transcript.

The committee’s action puts AB 1917 one step closer to the Assembly floor. The broader fiscal analysis and any later amendments were not included in the record reviewed for this report.