SCA 13, as introduced, Nguyen. Bail: risk of flight exception.
The California Constitution requires a person to be released on bail, as provided, except for certain crimes and offenses, including capital crimes when the facts are evident or the presumption great, and felony offenses involving acts of violence on another person, or felony sexual assault offenses on another person, when the facts are evident or the presumption great and the court finds based upon clear and convincing evidence that there is a substantial likelihood the person’s release would result in great bodily harm to others.
This measure would expand the exception described above to include felony offenses when the facts are evident or the presumption great and the court finds based on preponderance of the evidence that there is a substantial likelihood the person will flee if released and that no condition or combination of conditions will reasonably assure the person’s appearance at hearing or trial if released.
Vote: 2⁄3. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
P1 1Resolved by the Senate, the Assembly concurring, That the
2Legislature of the State of California at its 2015-16 Regular
3Session commencing on the first day of December 2014, two-thirds
P2 1of the membership of each house concurring, hereby proposes to
2the people of the State of California, that the Constitution of the
3State be amended as follows:
That Section 12 of Article I thereof is amended to read:
begin insert(a)end insertbegin insert end insert A person shall be released on bail by sufficient
6sureties, exceptbegin delete for:end deletebegin insert for any of the following crimes and offenses:end insert
7(a)
end delete
8begin insert(1)end insert Capital crimes when the facts are evident or the presumption
9
begin delete great;end deletebegin insert great.end insert
10(b)
end delete
11begin insert(2)end insert Felony offenses involving acts of violence on another person,
12or felony sexual assault offenses on another person, when the facts
13are evident or the presumption great and the court finds based upon
14clear and convincing evidence that there is a substantial likelihood
15the person’s release would result in great bodily harm tobegin deleteothers; orend delete
16
begin insert
others.end insert
17(c)
end delete
18begin insert(end insertbegin insert3)end insert Felony offenses when the facts are evident or the
19presumption great and the court finds based on clear and
20convincing evidence that the person has threatened another with
21great bodily harm and that there is a substantial likelihood that the
22person would carry out the threat if released.
23
(4) Felony offenses when the facts are evident or the
24presumption great and the court finds based
on preponderance of
25the evidence that there is a substantial likelihood the person will
26flee if released and that no condition or combination of conditions
27will reasonably assure the person’s appearance at hearing or trial
28if released.
29 Excessive
end delete
30begin insert(b)end insertbegin insert end insertbegin insertExcessiveend insert bailbegin delete mayend deletebegin insert shallend insert not be
required. In fixing the
31amount of bail, the court shall take into consideration the
32seriousness of the offense charged, the previous criminal record
33of the defendant, and the probability of his or her appearing at the
34trial or hearing of the case.
35 A
end delete
36begin insert(c)end insertbegin insert end insertbegin insertAend insert person may be released on his or her own recognizance
37in the court’s discretion.
O
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