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