BILL NUMBER: AB 2388	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 30, 2014
	AMENDED IN ASSEMBLY  MARCH 28, 2014

INTRODUCED BY   Assembly Member Hagman

                        FEBRUARY 21, 2014

   An act to add Section 1269d to the Penal Code, relating to bail.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2388, as amended, Hagman. Bail: 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 bail schedule for all bailable felony offenses and
for all misdemeanor and infraction offenses, except Vehicle Code
infractions. Under existing law, a court may adopt a local rule
prescribing the procedure by which the uniform countywide schedule is
prepared, adopted, and annually revised by the judges. Existing law
requires that, if the court does not adopt a local rule, the uniform
countywide bail schedule be prepared, adopted, and annually revised
by a majority of the judges.
   This bill would require the Judicial Council to prepare, adopt,
and annually revise  a   an advisory 
statewide bail schedule for all bailable felony offenses and for all
misdemeanor and infraction offenses except Vehicle Code infractions.
 The bill would state that it is the intent of the Legislature
that counties may reference the advisory statewide bail schedule when
setting a countywide bail schedule. 
   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 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, 2016,
to prepare, adopt, and annually revise  a   an
advisory  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 
advisory  statewide bail schedule.
   (2) In preparing, adopting, and annually revising the 
advisory  statewide bail schedule, the Judicial Council shall
consult with the following representatives:
   (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.
   (3) In preparing, adopting, and annually revising the 
advisory  statewide bail schedule, the Judicial Council shall
receive and consider input regarding the  advisory 
statewide bail schedule from interested parties other than those
specified in paragraph (2).
   (b) (1) In adopting the  advisory  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  advisory  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. 
   (e) It is the intent of the Legislature that the Judicial Council
prepare, adopt, and annually revise an advisory statewide bail
schedule that counties may reference when setting a countywide bail
schedule.