Under current law, except in class 1, class 2, and class 3 felonies; level 1 and level 2 drug felonies; and unclassified felonies punishable by a maximum penalty of more than 10 years, if an indictment is returned or an information, felony complaint, or complaint has been filed prior to the arrest of the person named as defendant therein, the court may issue a summons commanding the appearance of the defendant in lieu of a warrant for his or her arrest unless a law enforcement officer presents in writing a basis to believe that there is a significant risk of flight or that a victim or public safety may be compromised.
The bill amends this provision to state that, except for class 1, class 2, class 3, and class 4 felonies; certain crimes relating to victim's rights laws; and in unclassified felonies punishable by a maximum penalty of more than 10 years, a law enforcement officer, in his or her discretion, may issue a summons commanding the appearance of the defendant in lieu of a warrant for his or her arrest based on probable cause in the following circumstances:
- There is a reasonable likelihood that the defendant will appear;
- The defendant has had no felony arrests during the preceding 5 years; and
- There is no allegation that the defendant used a deadly weapon.
Not later than 10 days after the law enforcement officer issues the summons, he or she shall deliver a copy to the court and to the office of the district attorney where jurisdiction lies.