BILL NUMBER: AB 805	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Jones-Sawyer

                        FEBRUARY 21, 2013

   An act to amend Section 1275 of the Penal Code, relating to bail.


	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 1275 of the Penal Code is amended to read:
   1275.  (a) In setting, reducing, or denying bail,  the
  a  judge or magistrate shall take into
consideration 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. The public safety shall be the primary consideration.  In
setting bail, a judge or magistrate may take into consideration
information included in a   report   prepared in
accordance with Section 1318.1. 
   In considering the seriousness of the offense charged, 
the   a  judge or magistrate shall include
consideration of the alleged injury to the victim, and alleged
threats to the victim or a witness to the crime charged, the alleged
use of a firearm or other deadly weapon in the commission of the
crime charged, and the alleged use or possession of controlled
substances by the defendant.
   (b) In considering offenses wherein a violation of Chapter 6
(commencing with Section 11350) of Division 10 of the Health and
Safety Code is alleged,  the   a  judge or
magistrate shall consider the following: (1) the alleged amounts of
controlled substances involved in the commission of the offense, and
(2) whether the defendant is currently released on bail for an
alleged violation of Chapter 6 (commencing with Section 11350) of
Division 10 of the Health and Safety Code.
   (c) Before a court reduces bail  to  below the amount
established by the bail schedule approved for the county, in
accordance with subdivisions (b) and (c) of Section 1269b, for a
person charged with a serious felony, as defined in subdivision (c)
of Section 1192.7, or a violent felony, as defined in subdivision (c)
of Section 667.5, the court shall make a finding of unusual
circumstances and shall set forth those facts on the record. For
purposes of this subdivision, "unusual circumstances" does not
include the fact that the defendant has made all prior court
appearances or has not committed any new offenses.