BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 625|
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THIRD READING
Bill No: SB 625
Author: Wright (D)
Amended: 5/18/09
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/28/09
AYES: Leno, Benoit, Cedillo, Hancock, Huff, Steinberg,
Wright
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Bail or own recognizance release: custody
holds
SOURCE : Author
DIGEST : This bill requires courts to consider, as
specified, the following factors in setting bail or
releasing a person on his/her own recognizance ("OR"): the
defendant's ties to the community, his/her history of
appearing in court, the sentence facing the defendant upon
conviction, and whether bail or OR release provides
reasonable assurance of the defendant's future appearance
and public safety.
ANALYSIS : Existing provisions of the United States
Constitution state that excessive bail shall not be
required, nor excessive fines imposed, nor cruel and
unusual punishments inflicted. (U.S. Constitution 8th
Amend.)
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Existing provisions of the California Constitution state
that a person shall be released on bail, except for the
following crimes when the facts are evident or the
presumption great: (1) capital crimes; (2) felonies
involving violence or sexual assault when the court finds
by clear and convincing evidence that there is a
substantial likelihood the person's release would result in
great bodily harm to others; and (3) felonies where the
court finds by 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.
The court, in setting bail, shall consider the seriousness
of the offense, the defendant's criminal record, and the
probability of his or her return to court. The court, in
its discretion, may release a person on his or her own
recognizance. (California Constitution Article. I, Section
12.)
Existing statutory law provides that in making a bail
decision the court shall consider public safety, the
seriousness of the offense, the previous criminal record of
the defendant, and the probability of his or her appearing
at trial or hearing of the case. The public safety shall
be the primary consideration. In considering the
seriousness of the offense charged, the judge or magistrate
shall include consideration of the alleged injury to the
victim, and alleged threats to the victim or a witness to
the crime charged, the alleged use of a firearm or other
deadly weapon in the commission of the crime charged, and
the alleged use or possession of controlled substances by
the defendant. (Penal Code Section 1275 (a).)
Existing law provides that the superior court in each
county shall adopt a "uniform schedule of bail" for all
felony offenses and for all misdemeanor and infraction
offenses except Vehicle Code infractions. The judges shall
consider the seriousness of the offense, including
enhancements and aggravating factors that may be charged in
the complaint. (Penal Code Section 1269b (c)-(e).)
Existing law provides that any person arrested for, or
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charged with, an offense other than a capital offense may
be released on his or her own recognizance or "OR" by a
court or magistrate who could release a defendant from
custody upon the defendant giving bail. (Penal Code
Section 1270.)
Existing law provides that before any person arrested for a
serious or violent felony, except residential burglary,
spousal rape, stalking, inflicting corporal injury on a
spouse, battery on a spouse, dissuading a witness, or
criminal threats to inflict death or great bodily injury
may be released on bail in an amount that is more or less
than the amount contained in the schedule of bail for the
offense, or released on his or her own recognizance ("OR"),
a hearing must be held in open court before the magistrate
or judge. (Penal Code Section 1270.1 (a).)
Existing law includes the (interstate) agreement on
detainers under which states, including California, agree
to abide by specified procedures for the lodging of
detainers (orders to hold a prisoner) and return of the
prisoner, pursuant to the prisoner's demand, for resolution
of charges pending in another jurisdiction. The federal
government is part of the interstate agreement. Upon
request, the warden or official having custody of the
prisoner shall inform the prisoner of any detainer pending
against the prisoner. (Penal Code Section 1389 et seq.)
Existing law allows law enforcement agencies, upon the
issuance of any arrest warrant, to enter the warrant
information in the Department of Justice's ("DOJ") Wanted
Persons System. (Penal Code Section 817.5.)
Existing law requires any state or local government agency,
upon request, to provide DOJ, a court, or any California
law enforcement agency with the address of any person for
whom there is an outstanding arrest warrant. (Penal Code
Section 817.5.)
This bill provides that in setting bail or determining
whether or not to release a defendant on his/her own
recognizance, the court shall consider a consistent list of
factors, including his or her prior history of appearing at
court hearings, the sentence that can be imposed in the
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case, the defendant's ties to the community, public safety
and whether or not bail or the terms of own recognizance
release would provide reasonable assurance that the
defendant would return to court for future proceedings.
This bill provides in particular that these factors shall
be considered in determining whether or not to release a
defendant from jail on his/her own recognizance in the
following circumstances: pending appeal; pending resolution
of serious and violent felonies, domestic violence and
similar offenses, and in other felony matters.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 5/27/09)
American Federation of State County and Municipal
Employees, AFL-CIO
RJG:do 5/27/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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