BILL ANALYSIS Ó
SB 291
Page 1
SENATE THIRD READING
SB 291 (Vargas)
As Amended April 12, 2011
Majority vote
SENATE VOTE :40-0
PUBLIC SAFETY 4-2
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|Ayes:|Knight, Cedillo, Hagman, | | |
| |Hill | | |
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|-----+--------------------------+-----+--------------------------|
|Nays:|Ammiano, Mitchell | | |
| | | | |
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SUMMARY : Requires that when a defendant is extradited back to the
State of California that judges issue bail in the amount of
$100,000, in addition to any bail already issued for the underlying
original offense. Specifically, this bill :
1)States 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 underlying arrest warrant.
2)Specifies a 48-hour noticed bail hearing, excluding weekends and
holidays, is required to deviate from this prescribed bail amount.
3)Clarifies that nothing in this section is intended to preclude the
existing ex parte process for raising bail through an affidavit of
a law enforcement officer in a felony or specified misdemeanor
domestic violence case, as specified.
EXISTING LAW :
1)States that excessive bail shall not be required, nor excessive
fines imposed, nor cruel and unusual punishments inflicted.
2)Requires under the United States Constitution that the executive
authority of one state to surrender to the executive authority a
person charged with a crime in the state demanding surrender.
SB 291
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3)Provides that where a person charged with a crime must be returned
to California for trial, the district attorney shall apply to the
Governor for extradition. The application shall include the crime
charged and the state and specific location where the person is
located.
4)Provides that where a person convicted of a crime in California
has escaped, or violated the terms of bail, probation or parole,
the district attorney or other specified official shall apply to
the Governor for extradition.
5)States that a person shall be released on bail, except for the
following crimes when the facts are evident or the presumption
great:
a) Capital crimes;
b) Felonies involving violence or sexual assault when the court
finds by clear and convincing evidence that there is a
substantial likelihood the person's release would result in
great bodily harm to others; and,
c) Felonies where the court finds by clear and convincing
evidence that the person has threatened another with great
bodily harm and that there is a substantial likelihood that the
person would carry out the threat if released. The court shall
consider the seriousness of the offense, the defendant's
criminal record and the probability of his or her return to
court. The court, in its discretion, may release a person on
his or her own recognizance.
6)Provides that in making a bail decision the court shall consider
public safety, the seriousness of the offense, the previous
criminal record of the defendant, and the probability of his or
her appearing at trial or hearing of the case. Public safety
shall be the primary consideration.
7)Provides that the superior court in each county shall adopt a
"uniform schedule of bail" for all felony offenses and for all
misdemeanor and infraction offenses except Vehicle Code
infractions. The judges shall consider the seriousness of the
offense, including enhancements and aggravating factors.
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8)Provides that any person arrested for, or charged with, an offense
other than a capital offense may be released on his or her own
recognizance (OR).
9)Provides the following with respect to bail in specified offenses:
a) Before any person arrested for a specified crime may be
released on bail in an amount that is below or above the amount
contained in the schedule of bail for the offense, or released
on OR, a hearing must be held in open court. These crimes
include: a serious or violent felony specified domestic
violence offenses, dissuading a witness, or felony credible
threats to inflict death or great bodily injury; and,
b) Notwithstanding these provisions, a judge or magistrate may
increase, with respect to a bailable felony offense or a
misdemeanor offense of violating a domestic violence order,
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, as specified.
FISCAL EFFECT : Unknown. This bill is keyed "nonfiscal" by the
Legislative Counsel.
COMMENTS : According to the author, "SB 291 will discourage the
practice of 'jumping bail' and will save taxpayer dollars by
dramatically reducing the number of times our counties pay thousands
of dollars to chase down and extradite fugitives in other states.
This will also provide district attorneys the opportunity to provide
the judge with any additional information that should be considered
before deviation from the proposed bail amount."
Please see the policy committee analysis for a full discussion of
this bill.
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916) 319-3744
FN: 0001273