AB 2388, as introduced, Hagman. Bail.
Except as provided, existing law requires that a hearing be held before a person who has been arrested for the commission of certain crimes is released on bail in an amount other than that specified in the schedule of bail for the offense, or is released on his or her own recognizance, at which the court is required to consider specified factors, including, among others, the potential danger that person poses to others.
This bill would make a technical, nonsubstantive change to that provision.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1270.1 of the Penal Code is amended to
2read:
(a) Except as provided in subdivision (e), beforebegin delete anyend delete
4begin insert aend insert person who is arrested for any of the following crimes may be
5released on bail in an amount that is either more or less than the
6amount contained in the schedule of bail for the offense, or may
7be released on his or her own recognizance, a hearing shall be held
8in open court before the magistrate or judge:
P2 1(1) A serious felony, as defined in subdivision (c) of Section
21192.7, or a violent felony, as defined in subdivision (c) of Section
3667.5, but not including a violation of subdivision (a) of Section
4460 (residential burglary).
5(2) A violation of Section 136.1
where punishment is imposed
6pursuant to subdivision (c) of Section 136.1, Section 262, 273.5,
7or 422 where the offense is punished as a felony, or Section 646.9.
8(3) A violation of paragraph (1) of subdivision (e) of Section
9243.
10(4) A violation of Section 273.6 if the detained person made
11threats to kill or harm, has engaged in violence against, or has gone
12to the residence or workplace of, the protected party.
13(b) The prosecuting attorney and defense attorney shall be given
14a two-court-day written notice and an opportunity to be heard on
15the matter. If the detained person does not have counsel, the court
16shall appoint counsel for purposes of this section only. The hearing
17required by this section shall be held within the time period
18prescribed in Section 825.
19(c) At the hearing, the court shall consider evidence of past court
20appearances of the detained person, the maximum potential
21sentence that
could be imposed, and the danger that may be posed
22to other persons if the detained person is released. In making the
23determination whether to release the detained person on his or her
24own recognizance, the court shall consider the potential danger to
25other persons, including threats that have been made by the
26detained person and any past acts of violence. The court shall also
27consider any evidence offered by the detained person regarding
28his or her ties to the community and his or her ability to post bond.
29(d) If the judge or magistrate sets the bail in an amount that is
30either more or less than the amount contained in the schedule of
31bail for the offense, the judge or magistrate shall state the reasons
32for that decision and shall address the issue of threats made against
33the victim or witness, if they were made, in the record. This
34statement shall be included in the record.
35(e) Notwithstanding subdivision (a), a judge or magistrate,
36pursuant to
Section 1269c, may, with respect to a bailable felony
37offense or a misdemeanor offense of violating a domestic violence
38order, increase bail to an amount exceeding that set forth in the
39bail schedule without a hearing, provided an oral or written
P3 1declaration of facts justifying the increase is presented under
2penalty of perjury by a sworn peace officer.
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