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1 Major Revision of the Criminal Indictment Procedures [1] (1970)

handle is hein.statecon/mjvcrmi0001 and id is 1 raw text is: 







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                         ACTING UNDER THE
             JOINT COMMITTEE ON LEGISLATIVE ORGANIZATION
                        EUGENE A. CHAPPIE
                           CHAIRMAN
                           JACK SCHRADE

                         WAIR~AMAN

                       Janua:'A  LARAj

                         MEMORANDUM



TO:         Article I Mailing List

FROM:       Robert H. williams, Staff Attorney

SUBJECT:    Major Revision of Criminal Indictment Procedures



     The Article I Committee of the Constitution Revision
Commission is currently revising Section 8 of Article I.
Mr. Gregory Stout, attorney, of San Francisco, has submitted
a prooosal to delete this Section from the Constitution
(exceot for the grand jury provision) to permit statutory
development of an alternative system of criminal indictments.

     This )roposal would eliminate indictments in magistrates
courts.  It would require all felony prosecutions to be initiated
in Su'cerior courts by filing an information and supoortive
documents.

     A cooy of Section 8 and a letter from Mr. Stout setting forth
his proposal in brief is enclosed for your examination and response.
The Committee will formally consider this matter in Sacramento
on March 20th.  Individuals and organizations concerned with
criminal indictment procedures are invited to comment on Mr.
Stout's proposal.  written statements and requests to testify
should be received by the Commission Staff by March 10th to be
assured distribution to members of the Article I Committee.