BILL NUMBER: SB 291 ENROLLED
BILL TEXT
PASSED THE SENATE MAY 5, 2011
PASSED THE ASSEMBLY JUNE 23, 2011
AMENDED IN SENATE APRIL 12, 2011
INTRODUCED BY Senator Vargas
FEBRUARY 14, 2011
An act to add Section 1554.3 to the Penal Code, relating to bail.
LEGISLATIVE COUNSEL'S DIGEST
SB 291, Vargas. Bail.
The California Constitution prohibits excessive bail from being
required and requires the court, in fixing the amount of bail, to
take into consideration the seriousness of the offense charged, the
previous criminal record of the defendant, and the probability of the
defendant appearing at the trial or hearing of the case. Existing
law generally regulates the provision of bail or bond, including
forfeiture, vacation of forfeiture, and exoneration of bail or bond.
This bill would provide that after a person has been brought back
to this state by extradition proceedings, the person shall be
committed to a county jail with bail set in the amount of $100,000 in
addition to the amount of bail appearing on the warrant. A 48-hour
noticed bail hearing, excluding weekends and holidays, would be
required to deviate from this prescribed bail amount. The bill would
not preclude the application of other provisions of law that
authorize enhancing the bail amount for felony charges appearing on
the warrant.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1554.3 is added to the Penal Code, to read:
1554.3. After a person has been brought back to this state by
extradition proceedings, the person shall be committed to a county
jail with bail set in the amount of one hundred thousand dollars
($100,000) in addition to the amount of bail appearing on the
warrant. A 48-hour noticed bail hearing, excluding weekends and
holidays, is required to deviate from this prescribed bail amount.
Nothing in this section is intended to preclude the application of
subdivision (e) of Section 1270.1 to enhance the bail amount for the
felony charge appearing on the warrant.