Bill Text: CA AB1118 | 2013-2014 | Regular Session | Amended

California Assembly Bill 1118 (Prior Session Legislation)

Bill Title: Statewide bail schedule.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Engrossed - Dead) 2014-06-25 - From committee without further action pursuant to Joint Rule 62(a). [AB1118 Detail]

Download: California-2013-AB1118-Amended.html

BILL NUMBER: AB 1118	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 19, 2014
	AMENDED IN ASSEMBLY  MAY 24, 2013
	AMENDED IN ASSEMBLY  APRIL 10, 2013

INTRODUCED BY   Assembly Member Hagman
   (Coauthor: Assembly Member Skinner)
   (Coauthor: Senator Nielsen)

                        FEBRUARY 22, 2013

   An act to add Section 1269d to the Penal Code, relating to bail.


	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 1269d is added to the Penal Code, to read:
   1269d.  (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, 2015,
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   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. 
   (3) In adopting the statewide bail schedule for all bailable
offenses, the Judicial Council shall do all of the following: 

   (A) Except as provided in subparagraph (B), if a person is booked
for or charged with two or more offenses, require bail to be the
amount computed under the bail schedule for the charge having the
highest amount of bail, including applicable amounts for enhancements
and prior convictions.  
   (B) If a person is booked for or charged with two or more offenses
and one of the circumstances specified in clause (i) or (ii) is
present, require bail to be the sum of the amounts listed for each
offense, including applicable amounts for enhancements and prior
convictions. 
   (i) The offenses were alleged to be committed against separate
victims or on separate dates.  
   (ii) Separate sex acts were alleged to be committed on the same
victim and each may be punished separately, including pursuant to
subdivision (c) or (d) of Section 667.6. 
   (C) When determining the amount of bail pursuant to subparagraph
(A) or (B), require both of the following:  
   (i) That amounts for applicable enhancements be added only one
time per person.  
   (ii) That amounts for prior convictions, if applicable, be added
only one time per prior case. 
   (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.