BILL ANALYSIS Ó
AB 1118
Page 1
ASSEMBLY THIRD READING
AB 1118 (Hagman)
As Amended May 24, 2013
Majority vote
PUBLIC SAFETY 7-0 APPROPRIATIONS 17-0
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|Ayes:|Ammiano, Melendez, |Ayes:|Gatto, Harkey, Bigelow, |
| |Jones-Sawyer, Mitchell, | |Bocanegra, Bradford, Ian |
| |Quirk, Skinner Waldron | |Calderon, Campos, |
| | | |Donnelly, Eggman, Gomez, |
| | | |Hall, Ammiano, Linder, |
| | | |Pan, Quirk, Wagner, Weber |
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SUMMARY : Requires 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 as specified.
Specifically, this bill :
1)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.
2)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; and,
d) A representative appointed by the California State
Sheriffs' Association.
3)Provides that in preparing, adopting, and annually revising
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the statewide bail schedule, the Judicial Council shall
receive and consider input regarding the statewide bail
schedule from interested parties other than those specified
above.
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.
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.
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
bail shall be prepared, adopted, and annually revised by a
majority of the judges.
3)Provides in adopting a uniform countywide schedule of bail for
all bailable felony offenses the judges shall consider the
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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.
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.
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.
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
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.
7)Prohibits excessive bail.
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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.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, one-time costs in the range of $150,000 to the
Judicial Council to establish a statewide bail schedule. This
assumes the equivalent of one personnel year plus travel, per
diem.
Ongoing costs to maintain and update the bail schedule, assuming
20% of the initial development costs, would be about $25,000
COMMENTS : 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."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744
FN: 0000906