BILL ANALYSIS Ó
AB 805
Page 1
ASSEMBLY THIRD READING
AB 805 (Jones-Sawyer)
As Introduced February 21, 2013
Majority vote
PUBLIC SAFETY 7-0
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|Ayes:|Ammiano, Melendez, | | |
| |Jones-Sawyer, Mitchell, | | |
| |Quirk, Skinner, Waldron | | |
| | | | |
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SUMMARY : Provides that in setting bail, a judge or magistrate
may consider the report prepared by investigative staff for the
purpose of recommending whether a defendant should be released
on his or her own recognizance (OR).
EXISTING LAW :
1)States that in setting, reducing, or denying bail, the 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.
2)States that in considering the seriousness of the offense
charged, the 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.
3)Specifies in considering specified offenses involving
controlled substances, the judge or magistrate shall consider
the following:
a) The alleged amounts of controlled substances involved in
the commission of the offense; and,
b) Whether the defendant is currently released on bail for
one of the specified offenses involving controlled
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substances.
4)Provides that before a court reduces bail below the amount
established by the bail schedule approved for the county for a
person charged with a serious felony listed in subdivision (c)
of Penal Code Section 1192.7, or a violent felony listed in
subdivision (c) of Penal Code Section 667.5, the court shall
make a finding of unusual circumstances and 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.
5)Authorizes a court, with the concurrence of the board of
supervisors, to employ an investigative staff for the purpose
of recommending whether a defendant should be released on OR.
6)States that whenever a court has employed investigative staff
for the purpose of recommending whether a defendant should be
released on OR, an investigative report shall be prepared in
all cases involving a violent felony listed in subdivision (c)
of Penal Code Section 667.5, or a felony violation of driving
under the influence and causing bodily injury to another
person, recommending whether the defendant should be released
on OR. The report shall include all of the following:
a) Written verification of any outstanding warrants against
the defendant;
b) Written verification of any prior incidents where the
defendant has failed to make a court appearance;
c) Written verification of the criminal record of the
defendant; and,
d) Written verification of the residence of the defendant
during the past year.
7)Makes it a felony for every person who is charged with or
convicted of the commission of a felony, who is released from
custody on bail, and who in order to evade the process of the
court willfully fails to appear as required. Upon a
conviction under this section, a person shall be punished by a
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fine not to exceed $10,000 or by imprisonment in the county
jail for not more than one year, or by both the fine and
imprisonment. Willful failure to appear within 14 days of the
date assigned for appearance may be found to have been for the
purpose of evading the process of the court.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : According to the author, "There is confusion as to
whether risk assessment reports can only be used to determine a
defendant's suitability for release on their own recognizance
(OR) in non-felony cases. Bail and OR are both forms of
pretrial release and while bail is a more secure form of
pretrial release, all forms of pretrial release are concerned
with the same risk factors, e.g. the risk of the defendants
failing to appear in court and/or reoffending while on pretrial
release. AB 805 clarifies that judges may use risk assessment
reports in setting, reducing or denying bail."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744
FN: 0000110