BILL ANALYSIS
SB 1049
Page 1
Date of Hearing: June 30, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
SB 1049 (Harman) - As Amended: April 12, 2010
Policy Committee: Public
SafetyVote:6-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill reconciles conflicting Penal Code sections to specify
that a judge or magistrate may, with respect to a bailable
felony offense or a misdemeanor offense of violating a domestic
violence order, increase bail to an amount exceeding the bail
schedule without a hearing, providing a sworn peace officer
declares, under penalty of perjury, facts and circumstances
supporting the contention that the scheduled bail is
insufficient to ensure the defendant's appearance, or to protect
a victim.
FISCAL EFFECT
1)Negligible nonreimbursable local law enforcement costs.
2)Negligible state trial court costs.
COMMENTS
Rationale . PC Sec 1269c provides that when a person is arrested
for a felony bailable offense or a misdemeanor violation of a
domestic violence restraining order, a judge or magistrate is
authorized - without a hearing - to increase bail above the
amount set on the statutory bail schedule if the arresting
officer prepares a declaration stating facts and circumstances
to support the conclusion that the statutory bail is
insufficient to ensure the defendant's appearance, or to ensure
the protection of the victim.
PC Sec 1270.1 prohibits a person from being released on bail in
an amount that is more or less than that provided in the bail
SB 1049
Page 2
schedule if the person was arrested for a serious or violent
felony, dissuading a witness, domestic violence, stalking, or
criminal threats - absent a hearing held in open court.
This bill reconciles these two sections by specifying a judge or
magistrate's authority to increase bail without a hearing,
provided an oral or written declaration of facts justifying the
increase is presented under penalty of perjury by a sworn peace
officer. This bill, additionally, clarifies that an arrested
person, his or her attorney, family member or friend may make an
application to a judge or magistrate for release on bail in an
amount less than that set forth in schedule of bail, or for
release on his or her own recognizance, unless the offense is
one of the offenses listed in Penal Code Section 1270.1, which
require a hearing in open court prior to bail being reduced, or
release on his or her own recognizance.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081