BILL NUMBER: SB 1049	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Harman

                        FEBRUARY 16, 2010

   An act to amend Section 1270.1 of the Penal Code, relating to
crimes.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1049, as introduced, Harman. Bail.
   Existing law authorizes a magistrate or commissioner, with respect
to a defendant who has been arrested for a bailable felony offense
or for the misdemeanor offense of violating a domestic violence
order, to set bail in an amount that he or she deems sufficient to
assure the defendant's appearance or to assure the protection of a
victim, or family member of a victim, of domestic violence. Existing
law also provides that before any person who has been arrested for
commission of certain specified crimes is released on bail in an
amount other than that specified in the schedule of bail for the
offense or is released on his or her own recognizance, a hearing
shall be held at which the court shall consider certain enumerated
factors, including the potential danger the detained person poses to
other persons.
   This bill would provide that, notwithstanding the latter
provision, a judge or magistrate may, with respect to an offense
specified in the former provision, increase bail to an amount
exceeding that set forth in the bail schedule without a hearing,
provided an oral or written declaration of facts justifying the
increase is presented under oath by a sworn peace officer. By
expanding the application of the crime of perjury, 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 no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1270.1 of the Penal Code is amended to read:
   1270.1.  (a)  Before   Except as provided in
subdivision (e), before  any person who is arrested for any of
the following crimes may be released on bail in an amount that is
either more or less than the amount contained in the schedule of bail
for the offense, or may be released on his or her own recognizance,
a hearing shall be held in open court before the magistrate or judge:

   (1) 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, but not including a violation of subdivision (a) of Section
460 (residential burglary).
   (2) A violation of Section 136.1 where punishment is imposed
pursuant to subdivision (c) of Section 136.1, 262, 273.5, 422 where
the offense is punished as a felony, or 646.9.
   (3) A violation of paragraph (1) of subdivision (e) of Section
243.
   (4) A violation of Section 273.6 if the detained person made
threats to kill or harm, has engaged in violence against, or has gone
to the residence or workplace of, the protected party.
   (b) The prosecuting attorney and defense attorney shall be given a
two court-day written notice and an opportunity to be heard on the
matter. If the detained person does not have counsel, the court shall
appoint counsel for purposes of this section only. The hearing
required by this section shall be held within the time period
prescribed in Section 825.
   (c) At the hearing, the court shall consider evidence of past
court appearances of the detained person, the maximum potential
sentence that could be imposed, and the danger that may be posed to
other persons if the detained person is released. In making the
determination whether to release the detained person on his or her
own recognizance, the court shall consider the potential danger to
other persons, including threats that have been made by the detained
person and any past acts of violence. The court shall also consider
any evidence offered by the detained person regarding his or her ties
to the community and his or her ability to post bond.
   (d) If the judge or magistrate sets the bail in an amount that is
either more or less than the amount contained in the schedule of bail
for the offense, the judge or magistrate shall state the reasons for
that decision and shall address the issue of threats made against
the victim or witness, if they were made, in the record. This
statement shall be included in the record. 
   (e) Notwithstanding subdivision (a), a judge or magistrate,
pursuant to Section 1269c, may, with respect to a bailable felony
offense or a misdemeanor offense of violating a domestic violence
order, increase bail to an amount exceeding that set forth in the
bail schedule without a hearing, provided an oral or written
declaration of facts justifying the increase is presented under
penalty of perjury by a sworn peace officer. 
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.