Amended in Senate May 16, 2016

Senate Constitutional Amendment No. 13

Introduced by Senator Nguyen

April 12, 2016

Senate Constitutional Amendment No. 13—A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Section 12 of Article I thereof, relating to bail.

LEGISLATIVE COUNSEL’S DIGEST

SCA 13, as amended, Nguyen. Bail: risk of flight exception.

The California Constitution requires a person to be released on bail, as provided, except begin delete for end delete begin insert if he or she is accused of end insert 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 begin insert from the right to bail end insert described above to include begin insert crimes in which a person is accused of committing end insert felony begin insert sexual assault end insert offenses begin insert against a minor and other, specified sex offenses committed against a minor end insert 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 begin insert he or she is end insert released and that no condition or combination of conditions will reasonably begin delete assure end delete begin insert ensure end insert the person’s appearance at hearing or trial if begin insert he or she end insert released.

Vote: ²⁄₃. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

Resolved by the Senate, the Assembly concurring, That the
Legislature of the State of California at its 2015-16 Regular
Session commencing on the first day of December 2014, two-thirds
of the membership of each house concurring, hereby proposes to
the people of the State of California, that the Constitution of the
State be amended as follows:

  

That Section 12 of Article I thereof is amended to read:

SEC. 12.  

(a) A person shall be released on bail by sufficient
sureties, except for any of the following crimes and offenses:

(1) Capital crimes when the facts are evident or the presumption
great.

(2) 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.

(3) Felony offenses when the facts are evident or the
presumption great and the court finds based on clear and
convincing evidence that the person has threatened another with
great bodily harm and that there is a substantial likelihood that the
person would carry out the threat if released.

(4) Felony begin insert sexual assault end insert offenses begin insert against a minor and other
sex offenses described in the Sex Offender Registration Act when
committed against a minor, including, but not limited to, any of
the following, end insert 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 begin insert he or she is end insert
released and that no condition or combination of conditions will
reasonably begin delete assure end delete begin insert ensure end insert the person’s appearance at hearing or
trial if begin delete released. end delete begin insert he or she is released: end insert

begin insert

(A) Oral copulation.

end insert begin insert

(B) Lewd and lascivious acts with a minor or who is under 14
years of age.

end insert begin insert

(C) Arranging a meeting with a minor or a person he or she
believes to be a minor for the purpose of engaging in lewd or
lascivious behavior, including, but not limited to, engaging in
sexual conduct with, or in the presence of, that minor.

end insert begin insert

(D) An attempt to commit an act described in subparagraph
(A), (B), or (C).

end insert

(b)  begin delete Excessive end delete begin insert An excessive amount of end insert bail shall not be begin delete required. end delete
begin insert imposed. end insert In fixing the amount of bail, the court shall take into
consideration the seriousness of the offense charged, the previous
criminal record of the defendant, and the probability of his or her
appearing at the begin delete trial or end delete hearing begin delete of the case. end delete begin insert or trial. end insert

(c) A person may be released on his or her own recognizance
in the court’s discretion.