Amended in Assembly April 10, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 1118


Introduced by Assembly Member Hagman

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(Coauthor: Assembly Member Skinner)

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(Coauthor: Senator Nielsen)

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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 amended, 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:

P2    1

SECTION 1.  

Section 72301 of the Government Code is
2amended to read:

3

72301.  

The clerk of the superior court or one or more deputy
4clerks, the sheriff or one or more deputy sheriffs, or one or more
5city police officers shall be in attendance at all hours of the day
6and night, including Sundays and holidays, and may fix and accept
7bail pursuant to procedures established by the court for the
8appearance before the court of any defendant charged in the court
9or whenever a defendant has been arrested and booked within the
10county for having committed a misdemeanor. The amount of bail
11shall be pursuant to the schedule of bail in those cases previously
12fixed and approved pursuant to Section 1269b of the Penal Code.
13If a warrant has been issued for the arrest of the defendant, the bail
14shall be in the amount fixed in the warrant. The bail shall be cash,
15negotiable United States Treasury bonds, or a surety bond executed
16by a certified, admitted surety insurer as provided in the Insurance
17Code.

18

SEC. 2.  

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

19

1269b.  

(a) The officer in charge of a jail in which an arrested
20person is held in custody, an officer of a sheriff’s department or
21police department of a city who is in charge of a jail or is employed
22at a fixed police or sheriff’s facility and is acting under an
23agreement with the agency that keeps the jail in which an arrested
24person is held in custody, an employee of a sheriff’s department
25or police department of a city who is assigned by the department
26to collect bail, the clerk of the superior court of the county in which
27the offense was alleged to have been committed, and the clerk of
28the superior court in which the case against the defendant is
29pending may approve and accept bail in the amount fixed by the
30warrant of arrest, schedule of bail, or order admitting to bail in
P3    1cash or surety bond executed by a certified, admitted surety insurer
2as provided in the Insurance Code, to issue and sign an order for
3the release of the arrested person, and to set a time and place for
4the appearance of the arrested person before the appropriate court
5and give notice thereof.

6(b) If a defendant has appeared before a judge of the court on
7the charge contained in the complaint, indictment, or information,
8the bail shall be in the amount fixed by the judge at the time of the
9appearance. If that appearance has not been made, the bail shall
10be in the amount fixed in the warrant of arrest or, if no warrant of
11arrest has been issued, the amount of bail shall be pursuant to the
12schedule of bail previously fixed and approved as provided in this
13section.

14(c) It is the duty of the superior court judges in each county to
15prepare, adopt, and annually revise a uniform countywide schedule
16of bail for all bailable felony offenses and for all misdemeanor
17and infraction offenses except Vehicle Code infractions. The
18penalty schedule for infraction violations of the Vehicle Code shall
19be established by the Judicial Council in accordance with Section
2040310 of the Vehicle Code.

21(d) A court may, by local rule, prescribe the procedure by which
22the uniform countywide schedule of bail is prepared, adopted, and
23annually revised by the judges. If a court does not adopt a local
24rule, the uniform countywide schedule of bail shall be prepared,
25adopted, and annually revised by a majority of the judges.

26(e) (1) In adopting a uniform countywide schedule of bail for
27all bailable felony offenses the judges shall consider the seriousness
28of the offense charged. In considering the seriousness of the offense
29charged the judges shall assign an additional amount of required
30bail for each aggravating or enhancing factor chargeable in the
31complaint, including, but not limited to, additional bail for charges
32alleging facts that would bring a person within any of the following
33sections: Section 667.5, 667.51, 667.6, 667.8, 667.85, 667.9,
34667.10, 12022, 12022.1, 12022.2, 12022.3, 12022.4, 12022.5,
3512022.53, 12022.6, 12022.7, 12022.8, or 12022.9 of this code, or
36Section 11356.5, 11370.2, or 11370.4 of the Health and Safety
37Code.

38(2) In considering offenses in which a violation of Chapter 6
39(commencing with Section 11350) of Division 10 of the Health
40and Safety Code is alleged, the judge shall assign an additional
P4    1amount of required bail for offenses involving large quantities of
2controlled substances.

3(f) The countywide bail schedule shall contain a list of the
4offenses and the amounts of bail applicable for each as the judges
5determine to be appropriate. If the schedule does not list all
6offenses specifically, it shall contain a general clause for designated
7amounts of bail as the judges of the county determine to be
8appropriate for all the offenses not specifically listed in the
9schedule. A copy of the countywide bail schedule shall be sent to
10the officer in charge of the county jail, to the officer in charge of
11each city jail within the county, to each superior court judge and
12commissioner in the county, and to the Judicial Council.

13(g) Commencing January 1, 2015, a court adopting the
14countywide bail and penalty schedule required pursuant to
15subdivision (c) shall consider the statewide bail schedule prepared
16in accordance with Section 1269d. After adopting a countywide
17bail schedule pursuant to subdivision (c), a court shall, as soon as
18practicable, mail a copy of the adopted bail schedule to the Judicial
19Council with a report that states how that bail schedule differs
20from the statewide bail schedule promulgated pursuant to Section
211269d.

22(h) Upon posting bail, the defendant or arrested person shall be
23discharged from custody as to the offense on which the bail is
24posted.

25All money and surety bonds so deposited with an officer
26authorized to receive bail shall be transmitted immediately to the
27judge or clerk of the court by which the order was made or warrant
28issued or bail schedule fixed. If, in the case of felonies, an
29indictment is filed, the judge or clerk of the court shall transmit
30all of the money and surety bonds to the clerk of the court.

31(i) If a defendant or arrested person so released fails to appear
32at the time and in the court so ordered upon his or her release from
33custody, Sections 1305 and 1306 apply.

34

SEC. 3.  

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

35

1269d.  

(a) In addition to preparing the penalty schedule for
36infraction violations of the Vehicle Code pursuant to Section
3740310, it is the duty of the Judicial Council, on or before January
381, 2015, to prepare, adopt, and annually revise a statewide bail
39schedule for all bailable felony offenses and for all misdemeanor
40and infraction offenses except Vehicle Code infractions.

P5    1(1) The Judicial Council shall appoint a group of judges, deemed
2by the council sufficient to adequately represent counties varying
3in size from throughout the state, to develop and approve the
4statewide bail schedule.

5(2) In preparing, adopting, and annually revising the statewide
6bail schedule, the Judicial Council shall consult with the following
7representatives:

8(A) begin deleteTwo representatives end deletebegin insertA representative end insertappointed by the
9California District Attorneys Association.

10(B) A representative appointed by the California Public
11Defenders Association.

12(C) A representative appointed by the California Attorneys for
13Criminal Justice.

14(D) A representative appointed by the California State Sheriffs’
15Association.

16(E) Two representatives, each appointed by both the Golden
17State Bail Agents Association and the California Bail Agents
18Association.

19(b) (1) In adopting the statewide bail schedule for all bailable
20felony offenses the Judicial Council shall consider the seriousness
21of the offense charged. In considering the seriousness of the offense
22charged the Judicial Council shall assign an additional amount of
23required bail for each aggravating or enhancing factor chargeable
24in the complaint, including, but not limited to, additional bail for
25charges alleging facts that would bring a person within any of the
26following sections: Section 667.5, 667.51, 667.6, 667.8, 667.85,
27667.9, 667.10, 12022, 12022.1, 12022.2, 12022.3, 12022.4,
2812022.5, 12022.53, 12022.6, 12022.7, 12022.8, or 12022.9 of this
29code, or Section 11356.5, 11370.2, or 11370.4 of the Health and
30Safety Code.

31(2) In considering offenses in which a violation of Chapter 6
32(commencing with Section 11350) of Division 10 of the Health
33and Safety Code is alleged, the Judicial Council shall assign an
34additional amount of required bail for offenses involving large
35quantities of controlled substances.

36(c) The statewide bail schedule shall contain a list of the offenses
37and the amounts of bail applicable for each as the Judicial Council
38determines to be appropriate. If the schedule does not list all
39offenses specifically, it shall contain a general clause for designated
P6    1amounts of bail as the Judicial Council determines to be appropriate
2for all the offenses not specifically listed in the schedule.

3(d) The Judicial Council shall adopt California Rules of Court
4consistent with this section.

5

SEC. 4.  

Section 1295 of the Penal Code is amended to read:

6

1295.  

(a) The defendant, or any other person, at any time after
7an order admitting defendant to bail or after the arrest and booking
8of a defendant for having committed a misdemeanor, instead of
9giving bail may deposit, with the clerk of the court in which the
10defendant is held to answer or notified to appear for arraignment,
11the sum mentioned in the order or, if no order, in the schedule of
12bail previously fixed by the judges of the court pursuant to Section
131269b, and, upon delivering to the officer in whose custody
14defendant is a certificate of the deposit, the defendant must be
15discharged from custody.

16(b) Where more than one deposit is made with respect to any
17charge in any accusatory pleading based upon the acts supporting
18the original charge as a result of which an earlier deposit was made,
19the defendant shall receive credit in the amount of any earlier
20deposit.

21(c) The clerk of the court shall not accept a general assistance
22check for this deposit or any part thereof.

23

SEC. 5.  

Section 40502 of the Vehicle Code is amended to read:

24

40502.  

The place specified in the notice to appear shall be any
25of the following:

26(a) Before a magistrate within the county in which the offense
27charged is alleged to have been committed and who has jurisdiction
28of the offense and is nearest or most accessible with reference to
29the place where the arrest is made.

30(b) Upon demand of the person arrested, before a judge or other
31magistrate having jurisdiction of the offense at the county seat of
32the county in which the offense is alleged to have been committed.
33This subdivision applies only if the person arrested resides, or the
34person’s principal place of employment is located, closer to the
35county seat than to the magistrate nearest or most accessible to the
36place where the arrest is made.

37(c) (1) Before a person authorized to receive a deposit of bail.

38(2) The clerk and deputy clerks of the superior court are persons
39authorized to receive bail in accordance with the schedule of bail
40approved pursuant to Section 1269b of the Penal Code.

P7    1(d) (1) Before the juvenile court, a juvenile court referee, or a
2juvenile hearing officer within the county in which the offense
3charged is alleged to have been committed, if the person arrested
4appears to be under the age of 18 years. The juvenile court shall
5by order designate the proper person before whom the appearance
6is to be made.

7(2) In a county that has implemented the provisions of Section
8603.5 of the Welfare and Institutions Code, if the offense alleged
9to have been committed by a minor is classified as an infraction
10under this code, or is a violation of a local ordinance involving the
11driving, parking, or operation of a motor vehicle, the citation shall
12be issued as provided in subdivision (a), (b), or (c); provided,
13however, that if the citation combines an infraction and a
14misdemeanor, the place specified shall be as provided in this
15subdivision.

16(e) If the place specified in the notice to appear is within a
17county where a department of the superior court is to hold a night
18session within a period of not more than 10 days after the arrest,
19the notice to appear shall contain, in addition to the above, a
20statement notifying the person arrested that the person may appear
21before a night session of the court.

22

SEC. 6.  

Section 42007 of the Vehicle Code is amended to read:

23

42007.  

(a) (1) The clerk of the court shall collect a fee from
24every person who is ordered or permitted to attend a traffic violator
25school pursuant to Section 41501 or 42005 in an amount equal to
26the total bail set forth for the eligible offense on the bail schedule
27required pursuant to Section 1269b of the Penal Code. As used in
28this subdivision, “total bail” means the amount established pursuant
29to Section 1269b of the Penal Code in accordance with the Uniform
30Bail and Penalty Schedule adopted by the Judicial Council,
31including all assessments, surcharges, and penalty amounts. Where
32multiple offenses are charged in a single notice to appear, the “total
33bail” is the amount applicable for the greater of the qualifying
34offenses. However, the court may determine a lesser fee under this
35subdivision upon a showing that the defendant is unable to pay
36the full amount.

37The fee shall not include the cost, or any part thereof, of traffic
38safety instruction offered by a traffic violator school.

39(2) The clerk may accept from a defendant who is ordered or
40permitted to attend traffic violator school a payment of at least 10
P8    1percent of the fee required by paragraph (1) upon filing a written
2agreement by the defendant to pay the remainder of the fee
3according to an installment payment schedule of no more than 90
4days as agreed upon with the court. The Judicial Council shall
5prescribe the form of the agreement for payment of the fee in
6installments. When the defendant signs the Judicial Council form
7for payment of the fee in installments, the court shall continue the
8case to the date in the agreement to complete payment of the fee
9and submit the certificate of completion of traffic violator school
10to the court. The clerk shall collect a fee of up to thirty-five dollars
11($35) to cover administrative and clerical costs for processing an
12installment payment of the traffic violator school fee under this
13paragraph.

14(3) If a defendant fails to make an installment payment of the
15fee according to an installment agreement, the court may convert
16the fee to bail, declare it forfeited, and report the forfeiture as a
17conviction under Section 1803. The court may also charge a failure
18to pay under Section 40508 and impose a civil assessment as
19provided in Section 1214.1 of the Penal Code or issue an arrest
20warrant for a failure to pay. For the purposes of reporting a
21conviction under this subdivision to the department under Section
221803, the date that the court declares the bail forfeited shall be
23reported as the date of conviction.

24(b) Revenues derived from the fee collected under this section
25shall be deposited in accordance with Section 68084 of the
26Government Code in the general fund of the county and, as may
27be applicable, distributed as follows:

28(1) In any county in which a fund is established pursuant to
29Section 76100 or 76101 of the Government Code, the sum of one
30dollar ($1) for each fund so established shall be deposited with the
31county treasurer and placed in that fund.

32(2) In any county that has established a Maddy Emergency
33Medical Services Fund pursuant to Section 1797.98a of the Health
34and Safety Code, an amount equal to the sum of each two dollars
35($2) for every seven dollars ($7) that would have been collected
36pursuant to Section 76000 of the Government Code and,
37 commencing January 1, 2009, an amount equal to the sum of each
38two dollars ($2) for every ten dollars ($10) that would have been
39collected pursuant to Section 76000.5 of the Government Code
40with respect to those counties to which that section is applicable
P9    1shall be deposited in that fund. Nothing in the act that added this
2paragraph shall be interpreted in a manner that would result in
3either of the following:

4(A) The utilization of penalty assessment funds that had been
5set aside, on or before January 1, 2000, to finance debt service on
6a capital facility that existed before January 1, 2000.

7(B) The reduction of the availability of penalty assessment
8revenues that had been pledged, on or before January 1, 2000, as
9a means of financing a facility which was approved by a county
10board of supervisors, but on January 1, 2000, is not under
11construction.

12(3) The amount of the fee that is attributable to Section 70372
13of the Government Code shall be transferred pursuant to
14subdivision (f) of that section.

15(c) For fees resulting from city arrests, an amount equal to the
16amount of base fines that would have been deposited in the treasury
17of the appropriate city pursuant to paragraph (3) of subdivision
18(b) of Section 1463.001 of the Penal Code shall be deposited in
19the treasury of the appropriate city.

20(d) The clerk of the court, in a county that offers traffic school
21shall include in any courtesy notice mailed to a defendant for an
22offense that qualifies for traffic school attendance the following
23statement:
24

25NOTICE: If you are eligible and decide not to attend traffic
26school your automobile insurance may be adversely affected. One
27conviction in any 18-month period will be held confidential and
28not show on your driving record if you complete a traffic violator
29school program.
30

31(e) Notwithstanding any other provision of law, a county that
32has established a Maddy Emergency Medical Services Fund
33pursuant to Section 1797.98a of the Health and Safety Code shall
34not be held liable for having deposited into the fund, prior to
35January 1, 2009, an amount equal to two dollars ($2) for every ten
36dollars ($10) that would have been collected pursuant to Section
3776000.5 of the Government Code from revenues derived from
38traffic violator school fees collected pursuant to this section.

39

SEC. 7.  

Section 42007.1 of the Vehicle Code is amended to
40read:

P10   1

42007.1.  

(a) The amount collected by the clerk pursuant to
2subdivision (a) of Section 42007 shall be in an amount equal to
3the total bail set forth for the eligible offense on the bail schedule
4pursuant to Section 1269b of the Penal Code plus a
5forty-nine-dollar ($49) fee, and a fee determined by the department
6to be sufficient to defray the cost of routine monitoring of traffic
7violator school instruction pursuant to subdivision (c) of Section
811208, and a fee, if any, established by the court pursuant to
9subdivision (c) of Section 11205.2 to defray the costs incurred by
10a traffic assistance program.

11(b) Notwithstanding subdivision (b) of Section 42007, the
12revenue from the forty-nine-dollar ($49) fee collected under this
13section shall be deposited in the county general fund. Fifty-one
14percent of the amount collected under this section and deposited
15into the county general fund shall be transmitted therefrom monthly
16to the Controller for deposit in the Immediate and Critical Needs
17Account of the State Court Facilities Construction Fund,
18established in Section 70371.5 of the Government Code.

19(c) The fee assessed pursuant to subdivision (c) of Section 11208
20shall be allocated to the department to defray the costs of
21monitoring traffic violator school instruction.

22

SEC. 8.  

Section 42008.7 of the Vehicle Code is amended to
23read:

24

42008.7.  

(a) The State of California continues to face a fiscal
25and economic crisis affecting the state budget and the overall state
26economy. In light of this crisis, a one-time infraction amnesty
27program would do the following:

28(1) Provide relief to individuals who have found themselves in
29violation of a court-ordered obligation because they are financially
30unable to pay traffic bail or fines.

31(2) Provide increased revenue at a time when revenue is scarce
32by encouraging payment of old fines that have remained unpaid.

33(3) Allow courts and counties to resolve older delinquent cases
34and focus limited resources on collecting on more recent cases.

35(b) A one-time amnesty program for fines and bail meeting the
36eligibility requirements set forth in subdivision (e) shall be
37established in each county. Unless agreed otherwise by the court
38and the county in writing, the government entities that are
39responsible for the collection of delinquent court-ordered debt
40shall be responsible for implementation of the amnesty program
P11   1as to that debt, maintaining the same division of responsibility in
2place with respect to the collection of court-ordered debt under
3subdivision (b) of Section 1463.010 of the Penal Code.

4(c) As used in this section, the term “fine” or “bail” refers to
5the total amounts due in connection with a specific violation, which
6include, but are not limited to, the following:

7(1) Base fine or bail, as established by court order, by statute,
8or by the court’s bail schedule adopted pursuant to Section 1269b
9of the Penal Code.

10(2) Penalty assessments imposed pursuant to Section 1464 of
11the Penal Code and Sections 70372, 76000, 76000.5, 76104.6, and
1276104.7 of the Government Code.

13(3) Civil assessment imposed pursuant to Section 1214.1 of the
14Penal Code.

15(4) State surcharge imposed pursuant to Section 1465.7 of the
16Penal Code.

17(5) Court security fee imposed pursuant to Section 1465.8 of
18the Penal Code.

19(d) In addition to and at the same time as the mandatory one-time
20amnesty program is established pursuant to subdivision (b), the
21court and the county may jointly agree to extend that amnesty
22program to fines and bail imposed for a misdemeanor violation of
23this code and a violation of Section 853.7 of the Penal Code added
24to the misdemeanor case otherwise subject to the amnesty. The
25amnesty program authorized pursuant to this subdivision shall not
26apply to parking violations and violations of Section 23103, 23104,
2723105, 23152, or 23153 of this code.

28(e) Violations are only eligible for amnesty if paragraph (1),
29(2), or (3) applies and the requirements of paragraphs (4), (5), and
30(6) are met:

31(1) The violation is an infraction violation filed with the court.

32(2) It is a violation of subdivision (a) or (b) of Section 40508,
33or a violation of Section 853.7 of the Penal Code added to the case
34subject to paragraph (1).

35(3) The violation is a misdemeanor violation filed with the court
36to which subdivision (d) applies.

37(4) The due date for payment of the fine or bail was on or before
38January 1, 2009.

39(5) The defendant does not owe victim restitution on any case
40within the county.

P12   1(6) There are no outstanding misdemeanor or felony warrants
2for the defendant within the county, except for misdemeanor
3warrants for misdemeanor violations authorized by the court and
4the county pursuant to subdivision (d).

5(f) Each amnesty program shall accept, in full satisfaction of
6any eligible fine or bail, 50 percent of the fine or bail amount, as
7defined in subdivision (c) of this section. Payment of a fine or bail
8under an amnesty program implemented pursuant to this section
9shall be accepted beginning January 1, 2012, and ending June 30,
102012. The Judicial Council shall adopt guidelines for the amnesty
11program no later than November 1, 2011, and each program shall
12be conducted in accordance with Judicial Council guidelines.

13(g) No criminal action shall be brought against a person for a
14delinquent fine or bail paid under the amnesty program.

15(h) The total amount of funds collected under the amnesty
16program shall as soon as practical after receipt thereof be deposited
17in the county treasury or the account established under Section
1877009 of the Government Code. Any unreimbursed costs of
19operating the amnesty program, excluding capital expenditures,
20may be deducted from the revenues collected under the amnesty
21program by the court or the county that incurred the expense of
22operating the program. Notwithstanding Section 1203.1d of the
23Penal Code, the remaining revenues collected under the amnesty
24program shall be distributed on a pro rata basis in the same manner
25as a partial payment distributed pursuant to Section 1462.5 of the
26Penal Code.

27(i) Each court or county implementing an amnesty program
28shall file, not later than September 30, 2012, a written report with
29the Judicial Council, on a form approved by the Judicial Council.
30The report shall include information about the number of cases
31resolved, the amount of money collected, and the operating costs
32of the amnesty program. Notwithstanding Section 10231.5 of the
33Government Code, on or before December 31, 2012, the Judicial
34Council shall submit a report to the Legislature summarizing the
35information provided by each court or county.



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