AB 2839, as introduced, Thurmond. Criminal procedure: release on defendant’s own recognizance.
Existing law provides that a defendant who is in custody and arraigned for a misdemeanor offense, or who has been arrested upon an out-of-county warrant arising from a case involving only misdemeanors, is entitled to be released on his or her recognizance unless the court finds that the release will compromise public safety or will not reasonably ensure the appearance of the defendant, in which case the court is required to set bail and specify conditions, if any, for release.
This bill would make technical, nonsubstantive changes to those provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1270 of the Penal Code is amended to
2read:
(a) Any person who has been arrested for, or charged
4with, an offense other than a capital offense may be released on
5his or her own recognizance by a court or magistrate who could
P2 1release a defendant from custody upon the defendant giving bail,
2including a defendant arrested upon an out-of-county warrant. A
3defendant who is in custody and is arraigned on a complaint
4alleging an offensebegin delete whichend deletebegin insert thatend insert is a misdemeanor, and a defendant
5who appears before a court or magistrate upon an out-of-county
6warrant arising out of a case involving only misdemeanors, shall
7be entitled to an own recognizance release
unless the court makes
8a finding on the record, in accordance with Section 1275, that an
9own recognizance release will compromise public safety or will
10not reasonablybegin delete assureend deletebegin insert ensureend insert the appearance of the defendant as
11required. Public safety shall be the primary consideration. If the
12court makes one of those findings, the court shall then set bail and
13specify the conditions, if any, whereunder the defendant shall be
14released.
15(b) Article 9 (commencing with Section 1318) shall apply to
16begin delete anyend deletebegin insert aend insert person who is released pursuant to this
section.
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