AB 805, as amended, 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, a 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
6consideration. In setting bail, a judge or magistrate may
begin delete take into information included
8in a report prepared in accordance with Section 1318.1.
10 considering the seriousness of the offense charged, a judge
11or magistrate shall include consideration of the alleged injury to
12the victim, and alleged threats to the victim or a witness to the
13crime charged, the alleged use of a firearm or other deadly weapon
14in the commission of the crime charged, and the alleged use or
15possession of controlled substances by the defendant.
considering offenses wherein a violation of Chapter 6
17(commencing with Section 11350) of Division 10 of the Health
18and Safety Code is alleged, a judge or magistrate shall consider
19the following: (1) the alleged amounts of controlled substances
20involved in the commission of the offense, and (2) whether the
21defendant is currently released on bail for an alleged violation of
22Chapter 6 (commencing with Section 11350) of Division 10 of the
23Health and Safety Code.
24(c) Before a court reduces bail to below the amount established
25by the bail schedule approved for the county, in accordance with
26subdivisions (b) and (c) of Section 1269b, for a person charged
27with a serious felony, as defined in subdivision (c) of Section
281192.7, or a violent felony, as defined in subdivision (c) of Section
29667.5, the court shall make a finding of unusual circumstances and
30shall set forth those facts on the record. For purposes of this
31subdivision, “unusual circumstances” does not include the fact
32that the defendant has made all prior court appearances or has not
33committed any new offenses.