AB 805, as introduced, Jones-Sawyer. Bail.
Existing law provides that in setting, reducing, or denying bail, a judge or magistrate is required to consider the protection of the public, the seriousness of the offense charged, the previous criminal record of the defendant, and the probability of his or her appearing at trial or hearing of the case. Existing law also provides that public safety is the primary consideration in setting, reducing, or denying bail. Existing law authorizes a court to employ an investigative staff for the purpose of recommending whether a defendant should be released on his or her own recognizance.
This bill would provide that in setting, reducing, or denying bail, a judge or magistrate may consider the report prepared by that staff.
This bill would also make technical, nonsubstantive changes to these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1275 of the Penal Code is amended to
(a) In setting, reducing, or denying bail,
begin delete theend delete judge or
2magistrate shall take into consideration the protection of the public,
3the seriousness of the offense charged, the previous criminal record
4of the defendant, and the probability of his or her appearing at trial
5or hearing of the case. The public safety shall be the primary
9In considering the seriousness of the offense charged,
begin delete theend delete judge
10or magistrate shall include consideration of the alleged injury to
11the victim, and alleged threats to the victim or a witness to the
12crime charged, the alleged use of a firearm or other deadly weapon
13in the commission of the crime charged, and the alleged use or
14possession of controlled substances by the defendant.
15(b) In considering offenses wherein a violation of Chapter 6
16(commencing with Section 11350) of Division 10 of the Health
17and Safety Code is alleged,
begin delete theend delete
judge or magistrate shall consider
18the following: (1) the alleged amounts of controlled substances
19involved in the commission of the offense, and (2) whether the
20defendant is currently released on bail for an alleged violation of
21Chapter 6 (commencing with Section 11350) of Division 10 of the
22Health and Safety Code.
23(c) Before a court reduces bail below the amount established
24by the bail schedule approved for the county, in accordance with
25subdivisions (b) and (c) of Section 1269b, for a person charged
26with a serious felony, as defined in subdivision (c) of Section
271192.7, or a violent felony, as defined in subdivision (c) of Section
28667.5, the court shall make a finding of unusual circumstances and
29shall set forth those facts on the record. For purposes of this
30subdivision, “unusual circumstances” does not include the fact
31that the defendant has made all prior court appearances or has not
32committed any new offenses.