California Legislature—2013–14 Regular Session

Assembly Bill No. 1118

Introduced by Assembly Member Hagman

February 22, 2013

An act to amend Section 72301 of the Government Code, to amend Sections 1269b and 1295 of, and to add Section 1269d to, the Penal Code, and to amend Sections 40502, 42007, 42007.1, and 42008.7 of the Vehicle Code, relating to bail.

LEGISLATIVE COUNSEL’S DIGEST

AB 1118, as introduced, Hagman. Statewide bail schedule.

Existing law provides that it is the duty of the superior court judges in each county to prepare, adopt, and annually revise a uniform countywide schedule of bail for all bailable felony offenses and for all misdemeanor and infraction offenses, except Vehicle Code infractions. Under existing law a court may prescribe the procedure by which the uniform countywide schedule is prepared, adopted, and annually revised by the judges. Existing law provides that if the court does not adopt a local rule, the uniform countywide schedule of bail shall be prepared, adopted, and annually revised by a majority of the judges. Various provisions of existing law require courts to follow the countywide schedule of bail prepared pursuant to these provisions.

This bill would additionally require the Judicial Council to prepare, adopt, and annually revise a statewide bail schedule for all bailable felony offenses and for all misdemeanor and infraction offenses except Vehicle Code infractions. This bill would require a court to consider that statewide bail schedule when adopting a uniform countywide schedule. This bill would also require a court to mail a copy of the adopted bail schedule to the Judicial Council with a report that states how that schedule differs from the statewide bail schedule. This bill would make conforming changes.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 72301 of the Government Code is
amended to read:

72301.  

The clerk of the superior court or one or more deputy
clerks, the sheriff or one or more deputy sheriffs, or one or more
city police officers shall be in attendance at all hours of the day
and night, including Sundays and holidays, and may fix and accept
bail pursuant to procedures established by the court for the
appearance before the court of any defendant charged in the court
or whenever a defendant has been arrested and booked within the
county for having committed a misdemeanor. The amount of bail
shall be pursuant to begin delete a end delete begin insert the end insert schedule of bail in begin delete such end delete begin insert those end insert cases
previously fixed and approved begin delete by the judges of the court at their
annual meeting end delete begin insert pursuant to Section 1269b of the Penal Code end insert . If a
warrant has been issued for the arrest of the defendant, the bail
shall be in the amount fixed in the warrant. The bail shall be cash,
negotiable United States Treasury bonds, or a surety bond executed
by a certified, admitted surety insurer as provided in the Insurance
Code.

SEC. 2.  

Section 1269b of the Penal Code is amended to read:

1269b.  

(a) The officer in charge of a jail in which an arrested
person is held in custody, an officer of a sheriff’s department or
police department of a city who is in charge of a jail or is employed
at a fixed police or sheriff’s facility and is acting under an
agreement with the agency that keeps the jail in which an arrested
person is held in custody, an employee of a sheriff’s department
or police department of a city who is assigned by the department
to collect bail, the clerk of the superior court of the county in which
the offense was alleged to have been committed, and the clerk of
the superior court in which the case against the defendant is
pending may approve and accept bail in the amount fixed by the
warrant of arrest, schedule of bail, or order admitting to bail in
cash or surety bond executed by a certified, admitted surety insurer
as provided in the Insurance Code, to issue and sign an order for
the release of the arrested person, and to set a time and place for
the appearance of the arrested person before the appropriate court
and give notice thereof.

(b) If a defendant has appeared before a judge of the court on
the charge contained in the complaint, indictment, or information,
the bail shall be in the amount fixed by the judge at the time of the
appearance. If that appearance has not been made, the bail shall
be in the amount fixed in the warrant of arrest or, if no warrant of
arrest has been issued, the amount of bail shall be pursuant to the
begin delete uniform countywide end delete schedule of bail begin delete for the county in which the
defendant is required to appear, end delete previously fixed and approved as
provided in begin delete subdivisions (c) and (d) end delete begin insert this section end insert .

(c) It is the duty of the superior court judges in each county to
prepare, adopt, and annually revise a uniform countywide schedule
of bail for all bailable felony offenses and for all misdemeanor
and infraction offenses except Vehicle Code infractions. The
penalty schedule for infraction violations of the Vehicle Code shall
be established by the Judicial Council in accordance with Section
40310 of the Vehicle Code.

(d) A court may, by local rule, prescribe the procedure by which
the uniform countywide schedule of bail is prepared, adopted, and
annually revised by the judges. If a court does not adopt a local
rule, the uniform countywide schedule of bail shall be prepared,
adopted, and annually revised by a majority of the judges.

(e)  begin insert (1) end insert begin insert   end insert In adopting a uniform countywide schedule of bail for
all bailable felony offenses the judges shall consider the seriousness
of the offense charged. In considering the seriousness of the offense
charged the judges shall assign an additional amount of required
bail for each aggravating or enhancing factor chargeable in the
complaint, including, but not limited to, additional bail for charges
alleging facts that would bring a person within any of the following
sections: Section 667.5, 667.51, 667.6, 667.8, 667.85, 667.9,
667.10, 12022, 12022.1, 12022.2, 12022.3, 12022.4, 12022.5,
12022.53, 12022.6, 12022.7, 12022.8, or 12022.9 of this code, or
Section 11356.5, 11370.2, or 11370.4 of the Health and Safety
Code.

begin delete

In

end delete

begin insert (2) end insert begin insert   end insert begin insert In end insert considering offenses in which a violation of Chapter 6
(commencing with Section 11350) of Division 10 of the Health
and Safety Code is alleged, the judge shall assign an additional
amount of required bail for offenses involving large quantities of
controlled substances.

(f) The countywide bail schedule shall contain a list of the
offenses and the amounts of bail applicable for each as the judges
determine to be appropriate. If the schedule does not list all
offenses specifically, it shall contain a general clause for designated
amounts of bail as the judges of the county determine to be
appropriate for all the offenses not specifically listed in the
schedule. A copy of the countywide bail schedule shall be sent to
the officer in charge of the county jail, to the officer in charge of
each city jail within the county, to each superior court judge and
commissioner in the county, and to the Judicial Council.

begin insert

(g) Commencing January 1, 2015, a court adopting the
countywide bail and penalty schedule required pursuant to
subdivision (c) shall consider the statewide bail schedule prepared
in accordance with Section 1269d. After adopting a countywide
bail schedule pursuant to subdivision (c), a court shall, as soon
as practicable, mail a copy of the adopted bail schedule to the
Judicial Council with a report that states how that bail schedule
differs from the statewide bail schedule promulgated pursuant to
Section 1269d.

end insert begin delete

(g)

end delete

begin insert (h) end insert  Upon posting bail, the defendant or arrested person shall be
discharged from custody as to the offense on which the bail is
posted.

All money and surety bonds so deposited with an officer
authorized to receive bail shall be transmitted immediately to the
judge or clerk of the court by which the order was made or warrant
issued or bail schedule fixed. If, in the case of felonies, an
indictment is filed, the judge or clerk of the court shall transmit
all of the money and surety bonds to the clerk of the court.

begin delete

(h)

end delete

begin insert (i) end insert  If a defendant or arrested person so released fails to appear
at the time and in the court so ordered upon his or her release from
custody, Sections 1305 and 1306 apply.

SEC. 3.  

Section 1269d is added to the Penal Code, to read:

1269d.  

(a) In addition to preparing the penalty schedule for
infraction violations of the Vehicle Code pursuant to Section
40310, it is the duty of the Judicial Council, on or before January
1, 2015, to prepare, adopt, and annually revise a statewide bail
schedule for all bailable felony offenses and for all misdemeanor
and infraction offenses except Vehicle Code infractions.

(1) The Judicial Council shall appoint a group of judges, deemed
by the council sufficient to adequately represent counties varying
in size from throughout the state, to develop and approve the
statewide bail schedule.

(2) In preparing, adopting, and annually revising the statewide
bail schedule, the Judicial Council shall consult with the following
representatives:

(A) Two representatives appointed by the California District
Attorneys Association.

(B) A representative appointed by the California Public
Defenders Association.

(C) A representative appointed by the California Attorneys for
Criminal Justice.

(D) A representative appointed by the California State Sheriffs’
Association.

(E) Two representatives, each appointed by both the Golden
State Bail Agents Association and the California Bail Agents
Association.

(b) (1) In adopting the statewide bail schedule for all bailable
felony offenses the Judicial Council shall consider the seriousness
of the offense charged. In considering the seriousness of the offense
charged the Judicial Council shall assign an additional amount of
required bail for each aggravating or enhancing factor chargeable
in the complaint, including, but not limited to, additional bail for
charges alleging facts that would bring a person within any of the
following sections: Section 667.5, 667.51, 667.6, 667.8, 667.85,
667.9, 667.10, 12022, 12022.1, 12022.2, 12022.3, 12022.4,
12022.5, 12022.53, 12022.6, 12022.7, 12022.8, or 12022.9 of this
code, or Section 11356.5, 11370.2, or 11370.4 of the Health and
Safety Code.

(2) In considering offenses in which a violation of Chapter 6
(commencing with Section 11350) of Division 10 of the Health
and Safety Code is alleged, the Judicial Council shall assign an
additional amount of required bail for offenses involving large
quantities of controlled substances.

(c) The statewide bail schedule shall contain a list of the offenses
and the amounts of bail applicable for each as the Judicial Council
determines to be appropriate. If the schedule does not list all
offenses specifically, it shall contain a general clause for designated
amounts of bail as the Judicial Council determines to be appropriate
for all the offenses not specifically listed in the schedule.

(d) The Judicial Council shall adopt California Rules of Court
consistent with this section.

SEC. 4.  

Section 1295 of the Penal Code is amended to read:

1295.  

(a) The defendant, or any other person, at any time after
an order admitting defendant to bail or after the arrest and booking
of a defendant for having committed a misdemeanor, instead of
giving bail may deposit, with the clerk of the court in which the
defendant is held to answer or notified to appear for arraignment,
the sum mentioned in the order or, if no order, in the schedule of
bail previously fixed by the judges of the court begin insert pursuant to Section
1269b end insert , and, upon delivering to the officer in whose custody
defendant is a certificate of the deposit, the defendant must be
discharged from custody.

(b) Where more than one deposit is made with respect to any
charge in any accusatory pleading based upon the acts supporting
the original charge as a result of which an earlier deposit was made,
the defendant shall receive credit in the amount of any earlier
deposit.

(c) The clerk of the court shall not accept a general assistance
check for this deposit or any part thereof.

SEC. 5.  

Section 40502 of the Vehicle Code is amended to read:

40502.  

The place specified in the notice to appear shall be any
of the following:

(a) Before a magistrate within the county in which the offense
charged is alleged to have been committed and who has jurisdiction
of the offense and is nearest or most accessible with reference to
the place where the arrest is made.

(b) Upon demand of the person arrested, before a judge or other
magistrate having jurisdiction of the offense at the county seat of
the county in which the offense is alleged to have been committed.
This subdivision applies only if the person arrested resides, or the
person’s principal place of employment is located, closer to the
county seat than to the magistrate nearest or most accessible to the
place where the arrest is made.

(c)  begin insert (1) end insert begin insert   end insert Before a person authorized to receive a deposit of bail.

begin delete

The

end delete

begin insert (2) end insert begin insert   end insert begin insert The end insert clerk and deputy clerks of the superior court are persons
authorized to receive bail in accordance with begin delete a end delete begin insert the end insert schedule of bail
approved begin delete by the judges of that court end delete begin insert pursuant to Section 1269b of
the Penal Code end insert .

(d)  begin insert (1) end insert begin insert   end insert Before the juvenile court, a juvenile court referee, or a
juvenile hearing officer within the county in which the offense
charged is alleged to have been committed, if the person arrested
appears to be under the age of 18 years. The juvenile court shall
by order designate the proper person before whom the appearance
is to be made.

begin delete

In

end delete

begin insert (2) end insert begin insert   end insert begin insert In end insert a county that has implemented the provisions of Section
603.5 of the Welfare and Institutions Code, if the offense alleged
to have been committed by a minor is classified as an infraction
under this code, or is a violation of a local ordinance involving the
driving, parking, or operation of a motor vehicle, the citation shall
be issued as provided in subdivision (a), (b), or (c); provided,
however, that if the citation combines an infraction and a
misdemeanor, the place specified shall be as provided in begin insert this end insert
subdivision begin delete (d) end delete .

begin delete

If

end delete

begin insert (e) end insert begin insert   end insert begin insert If end insert the place specified in the notice to appear is within a
county where a department of the superior court is to hold a night
session within a period of not more than 10 days after the arrest,
the notice to appear shall contain, in addition to the above, a
statement notifying the person arrested that the person may appear
before a night session of the court.

SEC. 6.  

Section 42007 of the Vehicle Code is amended to read:

42007.  

(a) (1) The clerk of the court shall collect a fee from
every person who is ordered or permitted to attend a traffic violator
school pursuant to Section 41501 or 42005 in an amount equal to
the total bail set forth for the eligible offense on the begin delete uniform
countywide end delete bail schedule begin insert required pursuant to Section 1269b of
the Penal Code end insert . As used in this subdivision, “total bail” means
the amount established pursuant to Section 1269b of the Penal
Code in accordance with the Uniform Bail and Penalty Schedule
adopted by the Judicial Council, including all assessments,
surcharges, and penalty amounts. Where multiple offenses are
charged in a single notice to appear, the “total bail” is the amount
applicable for the greater of the qualifying offenses. However, the
court may determine a lesser fee under this subdivision upon a
showing that the defendant is unable to pay the full amount.

The fee shall not include the cost, or any part thereof, of traffic
safety instruction offered by a traffic violator school.

(2) The clerk may accept from a defendant who is ordered or
permitted to attend traffic violator school a payment of at least 10
percent of the fee required by paragraph (1) upon filing a written
agreement by the defendant to pay the remainder of the fee
according to an installment payment schedule of no more than 90
days as agreed upon with the court. The Judicial Council shall
prescribe the form of the agreement for payment of the fee in
installments. When the defendant signs the Judicial Council form
for payment of the fee in installments, the court shall continue the
case to the date in the agreement to complete payment of the fee
and submit the certificate of completion of traffic violator school
to the court. The clerk shall collect a fee of up to thirty-five dollars
($35) to cover administrative and clerical costs for processing an
installment payment of the traffic violator school fee under this
paragraph.

(3) If a defendant fails to make an installment payment of the
fee according to an installment agreement, the court may convert
the fee to bail, declare it forfeited, and report the forfeiture as a
conviction under Section 1803. The court may also charge a failure
to pay under Section 40508 and impose a civil assessment as
provided in Section 1214.1 of the Penal Code or issue an arrest
warrant for a failure to pay. For the purposes of reporting a
conviction under this subdivision to the department under Section
1803, the date that the court declares the bail forfeited shall be
reported as the date of conviction.

(b) Revenues derived from the fee collected under this section
shall be deposited in accordance with Section 68084 of the
Government Code in the general fund of the county and, as may
be applicable, distributed as follows:

(1) In any county in which a fund is established pursuant to
Section 76100 or 76101 of the Government Code, the sum of one
dollar ($1) for each fund so established shall be deposited with the
county treasurer and placed in that fund.

(2) In any county that has established a Maddy Emergency
Medical Services Fund pursuant to Section 1797.98a of the Health
and Safety Code, an amount equal to the sum of each two dollars
($2) for every seven dollars ($7) that would have been collected
pursuant to Section 76000 of the Government Code and,
commencing January 1, 2009, an amount equal to the sum of each
two dollars ($2) for every ten dollars ($10) that would have been
collected pursuant to Section 76000.5 of the Government Code
with respect to those counties to which that section is applicable
shall be deposited in that fund. Nothing in the act that added this
paragraph shall be interpreted in a manner that would result in
either of the following:

(A) The utilization of penalty assessment funds that had been
set aside, on or before January 1, 2000, to finance debt service on
a capital facility that existed before January 1, 2000.

(B) The reduction of the availability of penalty assessment
revenues that had been pledged, on or before January 1, 2000, as
a means of financing a facility which was approved by a county
board of supervisors, but on January 1, 2000, is not under
construction.

(3) The amount of the fee that is attributable to Section 70372
of the Government Code shall be transferred pursuant to
subdivision (f) of that section.

(c) For fees resulting from city arrests, an amount equal to the
amount of base fines that would have been deposited in the treasury
of the appropriate city pursuant to paragraph (3) of subdivision
(b) of Section 1463.001 of the Penal Code shall be deposited in
the treasury of the appropriate city.

(d) The clerk of the court, in a county that offers traffic school
shall include in any courtesy notice mailed to a defendant for an
offense that qualifies for traffic school attendance the following
statement:

 

NOTICE: If you are eligible and decide not to attend traffic
school your automobile insurance may be adversely affected. One
conviction in any 18-month period will be held confidential and
not show on your driving record if you complete a traffic violator
school program.

 

(e) Notwithstanding any other provision of law, a county that
has established a Maddy Emergency Medical Services Fund
pursuant to Section 1797.98a of the Health and Safety Code shall
not be held liable for having deposited into the fund, prior to
January 1, 2009, an amount equal to two dollars ($2) for every ten
dollars ($10) that would have been collected pursuant to Section
76000.5 of the Government Code from revenues derived from
traffic violator school fees collected pursuant to this section.

SEC. 7.  

Section 42007.1 of the Vehicle Code is amended to
read:

42007.1.  

(a) The amount collected by the clerk pursuant to
subdivision (a) of Section 42007 shall be in an amount equal to
the total bail set forth for the eligible offense on the begin delete uniform
countywide end delete bail schedule begin insert pursuant to Section 1269b of the Penal
Code end insert plus a forty-nine-dollar ($49) fee, and a fee determined by
the department to be sufficient to defray the cost of routine
monitoring of traffic violator school instruction pursuant to
subdivision (c) of Section 11208, and a fee, if any, established by
the court pursuant to subdivision (c) of Section 11205.2 to defray
the costs incurred by a traffic assistance program.

(b) Notwithstanding subdivision (b) of Section 42007, the
revenue from the forty-nine-dollar ($49) fee collected under this
section shall be deposited in the county general fund. Fifty-one
percent of the amount collected under this section and deposited
into the county general fund shall be transmitted therefrom monthly
to the Controller for deposit in the Immediate and Critical Needs
Account of the State Court Facilities Construction Fund,
established in Section 70371.5 of the Government Code.

(c) The fee assessed pursuant to subdivision (c) of Section 11208
shall be allocated to the department to defray the costs of
monitoring traffic violator school instruction.

SEC. 8.  

Section 42008.7 of the Vehicle Code is amended to
read:

42008.7.  

(a) The State of California continues to face a fiscal
and economic crisis affecting the begin delete State Budget end delete begin insert state budget end insert and
the overall state economy. In light of this crisis, a one-time
infraction amnesty program would do the following:

(1) Provide relief to individuals who have found themselves in
violation of a court-ordered obligation because they are financially
unable to pay traffic bail or fines.

(2) Provide increased revenue at a time when revenue is scarce
by encouraging payment of old fines that have remained unpaid.

(3) Allow courts and counties to resolve older delinquent cases
and focus limited resources on collecting on more recent cases.

(b) A one-time amnesty program for fines and bail meeting the
eligibility requirements set forth in subdivision (e) shall be
established in each county. Unless agreed otherwise by the court
and the county in writing, the government entities that are
responsible for the collection of delinquent court-ordered debt
shall be responsible for implementation of the amnesty program
as to that debt, maintaining the same division of responsibility in
place with respect to the collection of court-ordered debt under
subdivision (b) of Section 1463.010 of the Penal Code.

(c) As used in this section, the term “fine” or “bail” refers to
the total amounts due in connection with a specific violation, which
include, but are not limited to, the following:

(1) Base fine or bail, as established by court order, by statute,
or by the court’s bail schedule begin insert adopted pursuant to Section 1269b
of the Penal Code end insert .

(2) Penalty assessments imposed pursuant to Section 1464 of
the Penal Code and Sections 70372, 76000, 76000.5, 76104.6, and
76104.7 of the Government Code.

(3) Civil assessment imposed pursuant to Section 1214.1 of the
Penal Code.

(4) State surcharge imposed pursuant to Section 1465.7 of the
Penal Code.

(5) Court security fee imposed pursuant to Section 1465.8 of
the Penal Code.

(d) In addition to and at the same time as the mandatory one-time
amnesty program is established pursuant to subdivision (b), the
court and the county may jointly agree to extend that amnesty
program to fines and bail imposed for a misdemeanor violation of
this code and a violation of Section 853.7 of the Penal Code added
to the misdemeanor case otherwise subject to the amnesty. The
amnesty program authorized pursuant to this subdivision shall not
apply to parking violations and violations of Section 23103, 23104,
23105, 23152, or 23153 of this code.

(e) Violations are only eligible for amnesty if paragraph (1),
(2), or (3) applies and the requirements of paragraphs (4), (5), and
(6) are met:

(1) The violation is an infraction violation filed with the court.

(2) It is a violation of subdivision (a) or (b) of Section 40508,
or a violation of Section 853.7 of the Penal Code added to the case
subject to paragraph (1).

(3) The violation is a misdemeanor violation filed with the court
to which subdivision (d) applies.

(4) The due date for payment of the fine or bail was on or before
January 1, 2009.

(5) The defendant does not owe victim restitution on any case
within the county.

(6) There are no outstanding misdemeanor or felony warrants
for the defendant within the county, except for misdemeanor
warrants for misdemeanor violations authorized by the court and
the county pursuant to subdivision (d).

(f) Each amnesty program shall accept, in full satisfaction of
any eligible fine or bail, 50 percent of the fine or bail amount, as
defined in subdivision (c) of this section. Payment of a fine or bail
under an amnesty program implemented pursuant to this section
shall be accepted beginning January 1, 2012, and ending June 30,
2012. The Judicial Council shall adopt guidelines for the amnesty
program no later than November 1, 2011, and each program shall
be conducted in accordance with Judicial Council guidelines.

(g) No criminal action shall be brought against a person for a
delinquent fine or bail paid under the amnesty program.

(h) The total amount of funds collected under the amnesty
program shall as soon as practical after receipt thereof be deposited
in the county treasury or the account established under Section
77009 of the Government Code. Any unreimbursed costs of
operating the amnesty program, excluding capital expenditures,
may be deducted from the revenues collected under the amnesty
program by the court or the county that incurred the expense of
operating the program. Notwithstanding Section 1203.1d of the
Penal Code, the remaining revenues collected under the amnesty
program shall be distributed on a pro rata basis in the same manner
as a partial payment distributed pursuant to Section 1462.5 of the
Penal Code.

(i) Each court or county implementing an amnesty program
shall file, not later than September 30, 2012, a written report with
the Judicial Council, on a form approved by the Judicial Council.
The report shall include information about the number of cases
resolved, the amount of money collected, and the operating costs
of the amnesty program. Notwithstanding Section 10231.5 of the
Government Code, on or before December 31, 2012, the Judicial
Council shall submit a report to the Legislature summarizing the
information provided by each court or county.