Criminal procedure: continuances

The law adds scheduling flexibility when a prosecutor assigned to a qualifying abuse case is already in another court proceeding, while retaining limits intended to keep criminal cases moving.

What the law does ​

• Adds felony elder or dependent adult abuse cases involving a cognitively impaired adult to the cases that can establish good cause for a continuance when the assigned prosecutor has another trial, preliminary hearing, or suppression motion underway.
• Defines a cognitively impaired adult by reference to the existing Welfare and Institutions Code definition.
• Limits a continuance under this provision to 10 additional court days.
• Allows the prosecution only one such continuance in a qualifying elder or dependent adult abuse case.

Who it affects ​

• Cognitively impaired adults alleged to be victims of felony elder or dependent adult abuse.
• Defendants, prosecutors, witnesses, and superior courts handling those criminal cases.