BILL NUMBER: AB 740 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 13, 2009
INTRODUCED BY Assembly Member Hagman
FEBRUARY 26, 2009
An act to amend Section 1275 1269b
of the Penal Code, relating to bail.
LEGISLATIVE COUNSEL'S DIGEST
AB 740, as amended, Hagman. Bail.
Existing law requires the superior court judges in each county to
prepare, adopt, and annually revise a uniform countywide schedule of
bail for all bailable offenses, as specified.
This bill would allow the superior court judges of any county in
which the inmate population reaches 80% of the county correctional
system's mandated capacity to temporarily reduce or modify the bail
schedule approved for the county in order to prevent the early
release of prisoners who have not posted bail.
Existing law generally regulates the circumstances a judge or
magistrate must take into consideration in setting, reducing, or
denying bail.
This bill would make a technical, nonsubstantive change to these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1269b of the Penal
Code is amended to read:
1269b. (a) The officer in charge of a jail in which an arrested
person is held in custody, an officer of a sheriff's department or
police department of a city who is in charge of a jail or is employed
at a fixed police or sheriff's facility and is acting under an
agreement with the agency that keeps the jail in which an arrested
person is held in custody, an employee of a sheriff's department or
police department of a city who is assigned by the department to
collect bail, the clerk of the superior court of the county in which
the offense was alleged to have been committed, and the clerk of the
superior court in which the case against the defendant is pending may
approve and accept bail in the amount fixed by the warrant of
arrest, schedule of bail, or order admitting to bail in cash or
surety bond executed by a certified, admitted surety insurer as
provided in the Insurance Code, to issue and sign an order for the
release of the arrested person, and to set a time and place for the
appearance of the arrested person before the appropriate court and
give notice thereof.
(b) If a defendant has appeared before a judge of the court on the
charge contained in the complaint, indictment, or information, the
bail shall be in the amount fixed by the judge at the time of the
appearance. If that appearance has not been made, the bail shall be
in the amount fixed in the warrant of arrest or, if no warrant of
arrest has been issued, the amount of bail shall be pursuant to the
uniform countywide schedule of bail for the county in which the
defendant is required to appear, previously fixed and approved as
provided in subdivisions (c) and (d).
(c) (1) It is the duty of the superior court
judges in each county to prepare, adopt, and annually revise a
uniform countywide schedule of bail for all bailable felony offenses
and for all misdemeanor and infraction offenses except Vehicle Code
infractions. The penalty schedule for infraction violations of the
Vehicle Code shall be established by the Judicial Council in
accordance with Section 40310 of the Vehicle Code.
(2) The superior court judges of any county in which the inmate
population reaches 80 percent of the county correctional system's
mandated capacity may, for a temporary period, reduce or modify the
bail schedule approved for the county in order to prevent the early
release of prisoners who have not posted bail.
(d) A court may, by local rule, prescribe the procedure by which
the uniform countywide schedule of bail is prepared, adopted, and
annually revised by the judges. If a court does not adopt a local
rule, the uniform countywide schedule of bail shall be prepared,
adopted, and annually revised by a majority of the judges.
(e) In adopting a uniform countywide schedule of bail for all
bailable felony offenses the judges shall consider the seriousness of
the offense charged. In considering the seriousness of the offense
charged the judges shall assign an additional amount of required bail
for each aggravating or enhancing factor chargeable in the
complaint, including, but not limited to, additional bail for charges
alleging facts that would bring a person within any of the following
sections: Section 667.5, 667.51, 667.6, 667.8, 667.85, 667.9,
667.10, 12022, 12022.1, 12022.2, 12022.3, 12022.4, 12022.5, 12022.53,
12022.6, 12022.7, 12022.8, or 12022.9 of this code, or Section
11356.5, 11370.2, or 11370.4 of the Health and Safety Code.
In considering offenses in which a violation of Chapter 6
(commencing with Section 11350) of Division 10 of the Health and
Safety Code is alleged, the judge shall assign an additional amount
of required bail for offenses involving large quantities of
controlled substances.
(f) The countywide bail schedule shall contain a list of the
offenses and the amounts of bail applicable for each as the judges
determine to be appropriate. If the schedule does not list all
offenses specifically, it shall contain a general clause for
designated amounts of bail as the judges of the county determine to
be appropriate for all the offenses not specifically listed in the
schedule. A copy of the countywide bail schedule shall be sent to the
officer in charge of the county jail, to the officer in charge of
each city jail within the county, to each superior court judge and
commissioner in the county, and to the Judicial Council.
(g) Upon posting bail, the defendant or arrested person shall be
discharged from custody as to the offense on which the bail is
posted.
All money and surety bonds so deposited with an officer authorized
to receive bail shall be transmitted immediately to the judge or
clerk of the court by which the order was made or warrant issued or
bail schedule fixed. If, in the case of felonies, an indictment is
filed, the judge or clerk of the court shall transmit all of the
money and surety bonds to the clerk of the court.
(h) If a defendant or arrested person so released fails to appear
at the time and in the court so ordered upon his or her release from
custody, Sections 1305 and 1306 apply.
SECTION 1. Section 1275 of the Penal Code is
amended to read:
1275. (a) In setting, reducing, or denying bail, the judge or
magistrate shall take into consideration the protection of the
public, the seriousness of the offense charged, the previous criminal
record of the defendant, and the probability of his or her appearing
at trial or hearing of the case. The public safety shall be the
primary consideration.
In considering the seriousness of the offense charged, the judge
or magistrate shall include consideration of the alleged injury to
the victim, the alleged threats to the victim or a witness to the
crime charged, the alleged use of a firearm or other deadly weapon in
the commission of the crime charged, and the alleged use or
possession of controlled substances by the defendant.
(b) In considering offenses wherein a violation of Chapter 6
(commencing with Section 11350) of Division 10 of the Health and
Safety Code is alleged, the judge or magistrate shall consider the
following: (1) the alleged amounts of controlled substances involved
in the commission of the offense, and (2) whether the defendant is
currently released on bail for an alleged violation of Chapter 6
(commencing with Section 11350) of Division 10 of the Health and
Safety Code.
(c) Before a court reduces bail below the amount established by
the bail schedule approved for the county, in accordance with
subdivisions (b) and (c) of Section 1269b, for a person charged with
a serious felony, as defined in subdivision (c) of Section 1192.7, or
a violent felony, as defined in subdivision (c) of Section 667.5,
the court shall make a finding of unusual circumstances and shall set
forth those facts on the record. For purposes of this subdivision,
"unusual circumstances" does not include the fact that the defendant
has made all prior court appearances or has not committed any new
offenses.