AB 1118, as amended, Hagman. Statewide bail schedule.
Existing law provides that it is the duty of the superior court judges in each county to prepare, adopt, and annually revise a uniform countywide bail schedule for all bailable felony offenses and for all misdemeanor and infraction offenses, except Vehicle Code infractions. Under existing law, a court may adopt a local rule prescribing the procedure by which the uniform countywide schedule is prepared, adopted, and annually revised by the judges. Existing law requires that, if the court does not adopt a local rule, the uniform countywide bail schedule be prepared, adopted, and annually revised by a majority of the judges.
This bill would require the Judicial Council to prepare, adopt, and annually revise a statewide bail schedule for all bailable felony offenses and for all misdemeanor and infraction offenses except Vehicle Code infractions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1269d is added to the Penal Code, to
2read:
(a) In addition to preparing the penalty schedule for
4infraction violations of the Vehicle Code pursuant to Section
540310, it is the duty of the Judicial Council, on or before January
61, 2015, to prepare, adopt, and annually revise a statewide bail
7schedule for all bailable felony offenses and for all misdemeanor
8and infraction offenses except Vehicle Code infractions.
9(1) The Judicial Council shall appoint a group of judges, deemed
10by the council sufficient to adequately represent counties varying
11in size from throughout the state, to develop and approve the
12statewide bail schedule.
13(2) In preparing, adopting,
and annually revising the statewide
14bail schedule, the Judicial Council shall consult with the following
15representatives:
16(A) A representative appointed by the California District
17Attorneys Association.
18(B) A representative appointed by the California Public
19Defenders Association.
20(C) A representative appointed by the California Attorneys for
21Criminal Justice.
22(D) A representative appointed by the California State Sheriffs’
23Association.
24(3) In preparing, adopting, and annually revising the statewide
25bail schedule, the Judicial Council shall receive and consider input
26regarding the
statewide bail schedule from interested parties other
27than those specified in paragraph (2).
28(b) (1) In adopting the statewide bail schedule for all bailable
29felonybegin delete offensesend deletebegin insert offenses,end insert the Judicial Council shall consider the
30seriousness of the offense charged. In considering the seriousness
31of the offense charged the Judicial Council shall assign an
32additional amount of required bail for each aggravating or
33enhancing factor chargeable in the complaint, including, but not
34limited to, additional bail for charges alleging facts that would
35bring a person within any of the following sections: Section 667.5,
P3 1667.51, 667.6, 667.8, 667.85, 667.9, 667.10, 12022,
12022.1,
212022.2, 12022.3, 12022.4, 12022.5, 12022.53, 12022.6, 12022.7,
312022.8, or 12022.9 of this code, or Section 11356.5, 11370.2, or
411370.4 of the Health and Safety Code.
5(2) In considering offenses in which a violation of Chapter 6
6(commencing with Section 11350) of Division 10 of the Health
7and Safety Code is alleged, the Judicial Council shall assign an
8additional amount of required bail for offenses involving large
9quantities of controlled substances.
10(3) In adopting the statewide bail schedule for all bailable
11offenses, the Judicial Council shall do all of the following:
12(A) Except as provided in subparagraph (B), if a person is
13booked for or charged with two or more offenses, require bail to
14be the amount computed under the bail schedule for the charge
15having the highest amount of bail, including applicable amounts
16for enhancements and prior convictions.
17(B) If a person is booked for or charged with two or more
18offenses and one of the circumstances specified in clause (i) or (ii)
19is present, require bail to be the sum of the amounts listed for each
20offense, including applicable amounts for enhancements and prior
21convictions.
22(i) The offenses were alleged to be committed against separate
23victims or on separate dates.
24(ii) Separate sex acts were alleged to be committed on the same
25victim and each may be punished separately,
including pursuant
26to subdivision (c) or (d) of Section 667.6.
27(C) When determining the amount of bail pursuant to
28subparagraph (A) or (B), require both of the following:
29(i) That amounts for applicable enhancements be added only
30one time per person.
31(ii) That amounts for prior convictions, if applicable, be added
32only one time per prior case.
33(c) The statewide bail schedule shall contain a list of the offenses
34and the amounts of bail applicable for each as the Judicial Council
35determines to be
appropriate. If the schedule does not list all
36offenses specifically, it shall contain a general clause for designated
37amounts of bail as the Judicial Council determines to be appropriate
38for all the offenses not specifically listed in the schedule.
P4 1(d) The Judicial Council shall adopt California Rules of Court
2consistent with this section.
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