BILL ANALYSIS Ó
AB 1118
Page 1
Date of Hearing: April 16, 2013
Counsel: Stella Choe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 1118 (Hagman) - As Amended: April 10, 2013
SUMMARY : Requires courts, in adopting a countywide bail
schedule, to consider the statewide bail schedule adopted by
Judicial Council. Specifically, this bill :
1)Requires 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.
2)States that Judicial Council shall appoint a group of judges,
deemed by the council sufficient to adequately represent
counties varying in size from throughout California, to
develop and approve the statewide bail schedule.
3)Requires Judicial Council to consult with the following
representatives in preparing, adopting, and annually revising
the statewide bail schedule:
a) A representative 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; and,
e) Two representatives, each appointed by both the Golden
State Bail Agents Association and the California Bail
Agents Association.
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4)Specifies 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.
5)Specifies in considering controlled substances-related
offenses, the Judicial Council shall assign an additional
amount of required bail for offenses involving large
quantities of controlled substances.
6)States that 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.
7)Provides that, commencing January 1, 2015, a court adopting
the countywide bail and penalty schedule shall consider the
statewide bail schedule prepared and adopted by the Judicial
Council.
8)States that after adopting a countywide bail schedule, 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
prepared and adopted by the Judicial Council.
EXISTING LAW :
1)States 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. The penalty schedule for infraction
violations of the Vehicle Code shall be established by the
Judicial Council. [Penal Code Section 1269b(c).]
2)Allows a court, by local rule, to 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
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bail shall be prepared, adopted, and annually revised by a
majority of the judges. [Penal Code Section 1269b(d).]
3)Provides 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. In considering
offenses in which a violation of a controlled substance
offense is alleged, the judge shall assign an additional
amount of required bail for offenses involving large
quantities of controlled substances. [Penal Code Section
1269b(e).]
4)Requires the countywide bail schedule to 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. [Penal Code Section
1269b(f).]
5)Specifies 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 uniform countywide
schedule of bail for the county in which the defendant is
required to appear, previously fixed and approved. [Penal
Code Section 1269b(b).]
6)Requires the Judicial Council to annually adopt a uniform
traffic penalty schedule which shall be applicable to all
nonparking infractions specified in this code, unless in a
particular case before the court the judge or authorized
hearing officer specifies a different penalty. In
establishing a uniform traffic penalty schedule, the Judicial
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Council shall classify the offenses into four or fewer penalty
categories, according to the severity of offenses, so as to
permit convenient notice and payment of the scheduled penalty.
(Vehicle Code Section 40310.)
7)Prohibits excessive bail. (Cal. Const., art. I, sec. 12.)
8)Lists several factors that the court must consider in setting,
reducing, or denying bail: the protection of the public, the
seriousness of the charged offense, the defendant's prior
criminal record, and the probability of his or her appearing
at trial or hearing of the case. Public safety is the primary
consideration. [Penal Code Section 1275(a).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "To ensure the
reduction in jail overcrowding and the migration of criminals
amongst them, we must create predictability in the states bail
schedules."
2)Background : According to the background materials provided by
the author, "Under existing law, counties are charged with
creating an annual bail schedule that applies to their
respective district. With each county creating their schedule,
bail for a specific crime in one county could vary
significantly in a different county.
"This disparity creates unequal protection under the law. For
instance, the felony of grand theft bail schedules could range
from $5,000 in Placer County to $50,000 in San Bernardino
County.
"As has been seen in Southern California, often when one county
raises the bail amounts the counties near them feel pressure
to follow suit. Once bail amounts become too high for the
accused to pay, they stay in jail until their court date.
This causes overcrowded conditions which necessitates their
release without any assurance they will appear for their court
date."
3)Background on Bail : Existing law provides a process whereby
the court may set a bail amount for a criminal defendant.
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(Penal Code Section 1269b.) Additionally, Section 12 of
Article 1 of the California Constitution provides, with
limited exceptions, that a criminal defendant has a right to
bail and what conditions shall be taken into consideration in
setting bail. A defendant may post bail by depositing cash or
an equivalent form of currency, provide a security in real
property, or undertake bail using a bail bond. The bail bond
is the most likely means by which a person posts bail and is
essentially a private-party contract that provides the court
with a guarantee that the defendant will appear for a hearing
or trial. A defendant would pay a licensed bail agent a
percentage of the total amount of bail ordered as a
non-refundable fee - often an amount in the range of 10%. The
bail agent will contract with a surety company to issue a bail
bond - essentially an insurance policy. The bond is issued
providing that if the defendant fails to appear, the county
will receive the full amount of bail set by the court. The
bond is provided to the court and, if accepted, the defendant
is released. As designed, the bail system often allows the
court to rely on the private sector to ensure appearances and
provide a means for the county to be made whole in the event
that a person fails to appear.
4)Bail Schedules : Currently, Judicial Council is responsible
for annually revising and adopting a statewide bail schedule
for certain vehicle code non-parking offenses. (Vehicle Code
Section 40310.) Bail for all other felony, misdemeanor and
infraction offenses are set in a countywide bail schedule set
by the presiding judge of the superior court in each county.
These schedules usually list the offense by code section and
description, and indicates the recommended amount of bail.
The schedules also specify additional amounts for cases in
which sentence-enhancing allegations or extraordinary facts
exist.
The county jails have a copy of the bail schedule so that a
defendant may post bail to effect his or her release prior to
the initial court appearance. The court will also set bail at
the defendant's initial court appearance. The judge may set
bail at any amount he or she deems sufficient to ensure the
defendant's appearance in court, but the usual practice is to
adhere to the amount set in the county's bail schedule. The
court may depart from the bail schedule based on aggravating
factors to increase bail, or mitigating factors to decrease
it.
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5)Arguments in Support : None submitted.
6)Argument in Opposition : According to the California District
Attorneys Association , "Prosecutors agree with current law
that permits superior court judges in each county to set their
own bail schedule. This statute recognizes that bail amounts
and decisions, like other aspects of our criminal justice
system such as policing policies, charging decisions, and
sentencing determinations, can vary based on community
characteristics and standards. Requiring consideration of a
statewide bail schedule could discourage courts from setting
bail terms based on appropriate local factors.
"Additionally, because the ways in which law enforcement
protects public safety and guarantees defendant appearance
(key notions underlying bail) are not the same in every
jurisdiction, the virtue of a statewide uniform criminal bail
schedule is illusory."
7)Related Legislation :
a) AB 723 (Quirk) allows a person on post-release community
supervision who has a revocation petition filed against him
or her to file an application for bail with the superior
court. AB 723 is pending hearing by the Committee on
Appropriations.
b) AB 805 (Jones-Sawyer) 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. AB 805 is pending a vote on the Assembly
Floor.
8)Prior Legislation : AB 1264 (Hagman), of the 2011-12
Legislative Session, would have repealed the uniform
countywide schedule of bail and instead establish the
Statewide Bail Commission, and require the commission 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. AB 1264
was never heard by this Committee and returned to the Chief
Clerk.
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REGISTERED SUPPORT / OPPOSITION :
Support
None
Opposition
California District Attorneys Association
Taxpayers for Improving Public Safety
Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744