AB 2388, as amended, Hagman. Bail: 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 revisebegin delete aend deletebegin insert
an advisoryend insert statewide bail schedule for all bailable felony offenses and for all misdemeanor and infraction offenses except Vehicle Code infractions.begin insert The bill would state that it is the intent of the Legislature that counties may reference the advisory statewide bail schedule when setting a countywide bail schedule.end insert
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, 2016, to prepare, adopt, and annually revisebegin delete aend deletebegin insert an advisoryend insert
7 statewide bail schedule for all bailable felony offenses and for all
8misdemeanor and infraction offenses except Vehicle Code
9infractions.
10(1) The Judicial Council shall appoint a group of judges, deemed
11by the council sufficient to adequately represent counties varying
12in
size from throughout the state, to develop and approve the
13begin insert advisoryend insert statewide bail schedule.
14(2) In preparing, adopting, and annually revising thebegin insert advisoryend insert
15 statewide bail schedule, the Judicial Council shall consult with the
16following representatives:
17(A) A representative appointed by the California District
18Attorneys Association.
19(B) A representative appointed by the California Public
20Defenders Association.
21(C) A representative appointed by the California Attorneys for
22Criminal
Justice.
23(D) A representative appointed by the California State Sheriffs’
24Association.
25(3) In preparing, adopting, and annually revising thebegin insert advisoryend insert
26 statewide bail schedule, the Judicial Council shall receive and
27consider input regarding thebegin insert advisoryend insert statewide bail schedule from
28interested parties other than those specified in paragraph (2).
29(b) (1) In adopting thebegin insert advisoryend insert statewide bail schedule for all
30bailable felony
offenses the Judicial Council shall consider the
31seriousness of the offense charged. In considering the seriousness
32of the offense charged the Judicial Council shall assign an
33additional amount of required bail for each aggravating or
34enhancing factor chargeable in the complaint, including, but not
35limited to, additional bail for charges alleging facts that would
36bring a person within any of the following sections: Section 667.5,
37667.51, 667.6, 667.8, 667.85, 667.9, 667.10, 12022, 12022.1,
3812022.2, 12022.3, 12022.4, 12022.5, 12022.53, 12022.6, 12022.7,
P3 112022.8, or 12022.9 of this code, or Section 11356.5, 11370.2, or
211370.4 of the Health and Safety Code.
3(2) In considering offenses in which a violation of Chapter 6
4(commencing with Section 11350) of Division 10 of the Health
5and Safety Code is alleged, the Judicial Council shall assign an
6additional
amount of required bail for offenses involving large
7quantities of controlled substances.
8(c) Thebegin insert advisoryend insert statewide bail schedule shall contain a list of
9the offenses and the amounts of bail applicable for each as the
10Judicial Council determines to be appropriate. If the schedule does
11not list all offenses specifically, it shall contain a general clause
12for designated amounts of bail as the Judicial Council determines
13to be appropriate for all the offenses not specifically listed in the
14schedule.
15(d) The Judicial Council shall adopt California Rules of Court
16consistent with this section.
17(e) It is the intent of the Legislature that the Judicial Council
18prepare, adopt, and annually revise an advisory statewide bail
19schedule that counties may reference when setting a countywide
20bail schedule.
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