Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2388

Introduced by Assembly Member Hagman

February 21, 2014

An act to begin delete amend Section 1270.1 of end delete begin insert add Section 1269d to end insert the Penal Code, relating to bail.

LEGISLATIVE COUNSEL’S DIGEST

AB 2388, as amended, Hagman. begin delete Bail. end delete begin insert Bail: statewide bail schedule. end insert

begin insert

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.

end insert begin insert

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.

end insert begin delete

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.

end delete begin delete

This bill would make a technical, nonsubstantive change to that provision.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 1269d is added to the end insert begin insert Penal Code end insert begin insert , to
read: end insert

begin insert

begin insert 1269d. end insert   

(a) In addition to preparing the penalty schedule for
infraction violations of the Vehicle Code pursuant to Section 40310,
it is the duty of the Judicial Council, on or before January 1, 2016,
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.

(1) The Judicial Council shall appoint a group of judges, deemed
by the council sufficient to adequately represent counties varying
in size from throughout the state, to develop and approve the
statewide bail schedule.

(2) In preparing, adopting, and annually revising the statewide
bail schedule, the Judicial Council shall consult with the following
representatives:

(A) A representative appointed by the California District
Attorneys Association.

(B) A representative appointed by the California Public
Defenders Association.

(C) A representative appointed by the California Attorneys for
Criminal Justice.

(D) A representative appointed by the California State Sheriffs’
Association.

(3) In preparing, adopting, and annually revising the statewide
bail schedule, the Judicial Council shall receive and consider input
regarding the statewide bail schedule from interested parties other
than those specified in paragraph (2).

(b) (1) In adopting the statewide bail schedule for all bailable
felony offenses the Judicial Council shall consider the seriousness
of the offense charged. In considering the seriousness of the offense
charged the Judicial Council shall assign an additional amount
of required bail for each aggravating or enhancing factor
chargeable in the complaint, including, but not limited to,
additional bail for charges alleging facts that would bring a person
within any of the following sections: Section 667.5, 667.51, 667.6,
667.8, 667.85, 667.9, 667.10, 12022, 12022.1, 12022.2, 12022.3,
12022.4, 12022.5, 12022.53, 12022.6, 12022.7, 12022.8, or
12022.9 of this code, or Section 11356.5, 11370.2, or 11370.4 of
the Health and Safety Code.

(2) In considering offenses in which a violation of Chapter 6
(commencing with Section 11350) of Division 10 of the Health
and Safety Code is alleged, the Judicial Council shall assign an
additional amount of required bail for offenses involving large
quantities of controlled substances.

(c) The statewide bail schedule shall contain a list of the offenses
and the amounts of bail applicable for each as the Judicial Council
determines to be appropriate. If the schedule does not list all
offenses specifically, it shall contain a general clause for
designated amounts of bail as the Judicial Council determines to
be appropriate for all the offenses not specifically listed in the
schedule.

(d) The Judicial Council shall adopt California Rules of Court
consistent with this section.

end insert

begin delete

SECTION 1.  

Section 1270.1 of the Penal Code is amended to
read:

1270.1.  

(a) Except as provided in subdivision (e), before a
person who is arrested for any of the following crimes may be
released on bail in an amount that is either more or less than the
amount contained in the schedule of bail for the offense, or may
be released on his or her own recognizance, a hearing shall be held
in open court before the magistrate or judge:

(1) A serious felony, as defined in subdivision (c) of Section
1192.7, or a violent felony, as defined in subdivision (c) of Section
667.5, but not including a violation of subdivision (a) of Section
460 (residential burglary).

(2) A violation of Section 136.1 where punishment is imposed
pursuant to subdivision (c) of Section 136.1, Section 262, 273.5,
or 422 where the offense is punished as a felony, or Section 646.9.

(3) A violation of paragraph (1) of subdivision (e) of Section
243.

(4) A violation of Section 273.6 if the detained person made
threats to kill or harm, has engaged in violence against, or has gone
to the residence or workplace of, the protected party.

(b) The prosecuting attorney and defense attorney shall be given
a two-court-day written notice and an opportunity to be heard on
the matter. If the detained person does not have counsel, the court
shall appoint counsel for purposes of this section only. The hearing
required by this section shall be held within the time period
prescribed in Section 825.

(c) At the hearing, the court shall consider evidence of past court
appearances of the detained person, the maximum potential
sentence that could be imposed, and the danger that may be posed
to other persons if the detained person is released. In making the
determination whether to release the detained person on his or her
own recognizance, the court shall consider the potential danger to
other persons, including threats that have been made by the
detained person and any past acts of violence. The court shall also
consider any evidence offered by the detained person regarding
his or her ties to the community and his or her ability to post bond.

(d) If the judge or magistrate sets the bail in an amount that is
either more or less than the amount contained in the schedule of
bail for the offense, the judge or magistrate shall state the reasons
for that decision and shall address the issue of threats made against
the victim or witness, if they were made, in the record. This
statement shall be included in the record.

(e) Notwithstanding subdivision (a), a judge or magistrate,
pursuant to Section 1269c, may, with respect to a bailable felony
offense or a misdemeanor offense of violating a domestic violence
order, increase bail to an amount exceeding that set forth in the
bail schedule 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.

end delete