BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 1049
                                                                  Page  1

          Date of Hearing:   June 30, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                   SB 1049 (Harman) - As Amended:  April 12, 2010 

          Policy Committee:                             Public  
          SafetyVote:6-0

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              No 

           SUMMARY  

          This bill reconciles conflicting Penal Code sections to specify  
          that a judge or magistrate may, with respect to a bailable  
          felony offense or a misdemeanor offense of violating a domestic  
          violence order, increase bail to an amount exceeding the bail  
          schedule without a hearing, providing a sworn peace officer  
          declares, under penalty of perjury, facts and circumstances  
          supporting the contention that the scheduled bail is  
          insufficient to ensure the defendant's appearance, or to protect  
          a victim.    

           FISCAL EFFECT  

          1)Negligible nonreimbursable local law enforcement costs. 

          2)Negligible state trial court costs.

           COMMENTS  

           Rationale  . PC Sec 1269c provides that when a person is arrested  
          for a felony bailable offense or a misdemeanor violation of a  
          domestic violence restraining order, a judge or magistrate is  
          authorized - without a hearing - to increase bail above the  
          amount set on the statutory bail schedule if the arresting  
          officer prepares a declaration stating facts and circumstances  
          to support the conclusion that the statutory bail is  
          insufficient to ensure the defendant's appearance, or to ensure  
          the protection of the victim. 

          PC Sec 1270.1 prohibits a person from being released on bail in  
          an amount that is more or less than that provided in the bail  








                                                                  SB 1049
                                                                  Page  2

          schedule if the person was arrested for a serious or violent  
          felony, dissuading a witness, domestic violence, stalking, or  
          criminal threats - absent a hearing held in open court. 

          This bill reconciles these two sections by specifying a judge or  
          magistrate's authority to increase bail 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. This bill, additionally, clarifies that an arrested  
          person, his or her attorney, family member or friend may make an  
          application to a judge or magistrate for release on bail in an  
          amount less than that set forth in schedule of bail, or for  
          release on his or her own recognizance, unless the offense is  
          one of the offenses listed in Penal Code Section 1270.1, which  
          require a hearing in open court prior to bail being reduced, or  
          release on his or her own recognizance. 
           Analysis Prepared by  :    Geoff Long / APPR. / (916) 319-2081