Assembly BillChaptered/SignedPenal
AB 1917: Criminal procedure: information.
What AB 1917 does, verified September 22, 2026
This bill, known as the Respect Judicial Decisions Act, would change the way information is filed in criminal cases. It would require the district attorney to file an information charging the defendant with only the offenses named in the order of commitment. If an offense is dismissed at the preliminary hearing, the district attorney can make a motion to reinstate the offense before filing an information. The district attorney can also make this motion when individual counts are dismissed. If the motion is granted, the district attorney can file an amended information that includes the reinstated offense. The bill also requires reimbursement for costs mandated by the state if the commission determines that the bill contains such costs.
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Last action: Chaptered by Secretary of State - Chapter 376, Statutes of 2026. (2026-09-20)Alert me
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| Sep. 20, 2026 | Chaptered by Secretary of State - Chapter 376, Statutes of 2026. |
| Sep. 20, 2026 | Approved by the Governor. |
| Sep. 04, 2026 | Enrolled and presented to the Governor at 4 p.m. |
| Aug. 27, 2026 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 52. Noes 18. Page 6712.). |
| Aug. 27, 2026 | In Assembly. Concurrence in Senate amendments pending. |
Latest bill textChaptered version, September 20, 2026 · 1,508 words
Assembly Bill No. 1917
CHAPTER 376
An act to amend Sections 739, 995, 999a, and 1510 of the Penal Code, relating to criminal procedure.
[ Approved by Governor September 20, 2026. Filed with Secretary of State September 20, 2026. ]
LEGISLATIVE COUNSEL'S DIGEST
AB 1917, Schultz. Criminal procedure: information.
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.
The people of the State of California do enact as follows:
SECTION 1.
It is the intent of the Legislature that, notwithstanding the retroactivity rule established by In re Estrada (1965) 63 Cal.2d 740, the provisions of this act shall apply only to those cases in which the preliminary hearing occurred on or after the operative date of this act.SEC. 2.
This act shall be known, and may be cited, as the Respect Judicial Decisions Act.SEC. 3.
Section 739 of the Penal Code is amended to read:739.
When a defendant has been examined and committed, as provided in Section 872, the district attorney of the county in which the offense is triable shall file in the superior court of that county within 15 days after the commitment order an information against the defendant that may charge the defendant with the offense or offenses named in the order of commitment or shown by the evidence taken before the magistrate to have been committed, except as specified in subdivision (c) of Section 995. The information shall be in the name of the people of the State of California and subscribed by the district attorney.SEC. 4.
Section 995 of the Penal Code is amended to read:995.
(a) Subject to subdivision (b) of Section 995a, the indictment or information shall be set aside by the court in which the defendant is arraigned, upon the defendant’s motion, in either of the following cases:(1) If it is an indictment:
(A) Where it is not found, endorsed, and presented as prescribed in this code.
(B) That the defendant has been indicted without reasonable or probable cause.
(2) If it is an information:
(A) That before the filing thereof the defendant had not been legally committed by a magistrate.
(B) That the defendant had been committed without reasonable or probable cause.
(b) In cases in which the procedure set out in subdivision (b) of Section 995a is utilized, the court shall reserve a final ruling on the motion until those procedures have been completed.
(c) In cases where the defendant, on or after January 1, 2027, was held to answer on at least one felony count at the preliminary hearing, the district attorney, before filing an information reinstating an offense or offenses dismissed at the preliminary examination due to the lack of reasonable or probable cause, shall file a motion seeking leave to charge that offense or offenses.
(1) Subject to subdivision (b) of Section 995a, a motion made under this subdivision shall only be granted if the reviewing court finds that the offense has been committed and there is sufficient reasonable or probable cause to believe the defendant is guilty.
(2) If the court grants a motion to amend the information, a motion brought pursuant to subdivision (a) alleging a lack of reasonable or probable cause may not be filed to set aside any reinstated offense or offenses.
(3) The district attorney shall file a motion pursuant to this subdivision within the 15-day timeline specified in Section 739.
SEC. 5.
Section 999a of the Penal Code is amended to read:999a.
(a) A petition for a writ of prohibition, predicated upon the ground that the indictment was found without reasonable or probable cause or that the defendant had been committed on an information without reasonable or probable cause, or that the court abused its discretion in utilizing the procedure set out in subdivision (b) of Section 995a, shall be filed in the appellate court within 15 days after a motion made under Section 995 to set aside the indictment on the ground that the defendant has been indicted without reasonable or probable cause or that the defendant had been committed on an information without reasonable or probable cause, has been denied by the trial court. A copy of such petition shall be served upon the district attorney of the county in which the indictment is returned or the information is filed. The alternative writ shall not issue until five days after the service of notice upon the district attorney and until he has had an opportunity to appear before the appellate court and to indicate to the court the particulars in which the evidence is sufficient to sustain the indictment or commitment.(b) A petition for a writ of prohibition, predicated upon the ground that the defendant had been committed on an information without reasonable or probable cause, shall be filed in the appellate court within 15 days after a motion made under subdivision (c) of Section 995 to reinstate an offense or offenses has been granted by the trial court.
SEC. 6.
Section 1510 of the Penal Code is amended to read:1510.
(a) The denial of a motion made pursuant to subdivision (a) of Section 995 or 1538.5 may be reviewed prior to trial only if the motion was made by the defendant in the trial court not later than 45 days following defendant’s arraignment on the complaint if a misdemeanor, or 60 days following defendant’s arraignment on the information or indictment if a felony, unless within these time limits the defendant was unaware of the issue or had no opportunity to raise the issue.(b) The granting of a motion made pursuant to subdivision (c) of Section 995 may be reviewed prior to trial only if the motion for review was made by the defendant not later than 60 days following defendant’s arraignment on the information or indictment, unless within this time limit the defendant was unaware of the issue or had no opportunity to raise the issue.
SEC. 7.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.Text of AB 1917 as chaptered, from the official record. Connect Plus keeps every version and highlights what changed.Compare versions