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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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BILL NUMBER: AB 1118	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Hagman

                        FEBRUARY 22, 2013

   An act to amend Section 72301 of the Government Code, to amend
Sections 1269b and 1295 of, and to add Section 1269d to, the Penal
Code, and to amend Sections 40502, 42007, 42007.1, and 42008.7 of the
Vehicle Code, relating to bail.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1118, as introduced, 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 schedule of bail for all bailable felony offenses
and for all misdemeanor and infraction offenses, except Vehicle Code
infractions. Under existing law a court may prescribe the procedure
by which the uniform countywide schedule is prepared, adopted, and
annually revised by the judges. Existing law provides that if the
court does not adopt a local rule, the uniform countywide schedule of
bail shall be prepared, adopted, and annually revised by a majority
of the judges. Various provisions of existing law require courts to
follow the countywide schedule of bail prepared pursuant to these
provisions.
   This bill would additionally 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. This bill would require a
court to consider that statewide bail schedule when adopting a
uniform countywide schedule. This bill would also require a court to
mail a copy of the adopted bail schedule to the Judicial Council with
a report that states how that schedule differs from the statewide
bail schedule. This bill would make conforming changes.
   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 72301 of the Government Code is amended to
read:
   72301.  The clerk of the superior court or one or more deputy
clerks, the sheriff or one or more deputy sheriffs, or one or more
city police officers shall be in attendance at all hours of the day
and night, including Sundays and holidays, and may fix and accept
bail pursuant to procedures established by the court for the
appearance before the court of any defendant charged in the court or
whenever a defendant has been arrested and booked within the county
for having committed a misdemeanor. The amount of bail shall be
pursuant to  a   the  schedule of bail in
 such   those  cases previously fixed and
approved  by the judges of the court at their annual meeting
  pursuant to Section 1269b of the Penal Code  . If
a warrant has been issued for the arrest of the defendant, the bail
shall be in the amount fixed in the warrant. The bail shall be cash,
negotiable United States Treasury bonds, or a surety bond executed by
a certified, admitted surety insurer as provided in the Insurance
Code.
  SEC. 2.  Section 1269b of the Penal Code is amended to read:
   1269b.  (a) The officer in charge of a jail in which an arrested
person is held in custody, an officer of a sheriff's department or
police department of a city who is in charge of a jail or is employed
at a fixed police or sheriff's facility and is acting under an
agreement with the agency that keeps the jail in which an arrested
person is held in custody, an employee of a sheriff's department or
police department of a city who is assigned by the department to
collect bail, the clerk of the superior court of the county in which
the offense was alleged to have been committed, and the clerk of the
superior court in which the case against the defendant is pending may
approve and accept bail in the amount fixed by the warrant of
arrest, schedule of bail, or order admitting to bail in cash or
surety bond executed by a certified, admitted surety insurer as
provided in the Insurance Code, to issue and sign an order for the
release of the arrested person, and to set a time and place for the
appearance of the arrested person before the appropriate court and
give notice thereof.
   (b) If a defendant has appeared before a judge of the court on the
charge contained in the complaint, indictment, or information, the
bail shall be in the amount fixed by the judge at the time of the
appearance. If that appearance has not been made, the bail shall be
in the amount fixed in the warrant of arrest or, if no warrant of
arrest has been issued, the amount of bail shall be pursuant to the
 uniform countywide  schedule of bail  for
the county in which the defendant is required to appear, 
previously fixed and approved as provided in  subdivisions
(c) and (d)   this section  .
   (c) It is the duty of the superior court judges in each county to
prepare, adopt, and annually revise a uniform countywide schedule of
bail for all bailable felony offenses and for all misdemeanor and
infraction offenses except Vehicle Code infractions. The penalty
schedule for infraction violations of the Vehicle Code shall be
established by the Judicial Council in accordance with Section 40310
of the Vehicle Code.
   (d) A court may, by local rule, prescribe the procedure by which
the uniform countywide schedule of bail is prepared, adopted, and
annually revised by the judges. If a court does not adopt a local
rule, the uniform countywide schedule of bail shall be prepared,
adopted, and annually revised by a majority of the judges.
   (e)  (1)    In adopting a uniform countywide
schedule of bail for all bailable felony offenses the judges shall
consider the seriousness of the offense charged. In considering the
seriousness of the offense charged the judges 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. 
   In 
    (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 judge shall
assign an additional amount of required bail for offenses involving
large quantities of controlled substances.
   (f) The countywide bail schedule shall contain a list of the
offenses and the amounts of bail applicable for each as the judges
determine 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 judges of the county determine to
be appropriate for all the offenses not specifically listed in the
schedule. A copy of the countywide bail schedule shall be sent to the
officer in charge of the county jail, to the officer in charge of
each city jail within the county, to each superior court judge and
commissioner in the county, and to the Judicial Council. 
   (g) Commencing January 1, 2015, a court adopting the countywide
bail and penalty schedule required pursuant to subdivision (c) shall
consider the statewide bail schedule prepared in accordance with
Section 1269d. After adopting a countywide bail schedule pursuant to
subdivision (c), a court shall, as soon as practicable, mail a copy
of the adopted bail schedule to the Judicial Council with a report
that states how that bail schedule differs from the statewide bail
schedule promulgated pursuant to Section 1269d.  
   (g) 
    (h)  Upon posting bail, the defendant or arrested person
shall be discharged from custody as to the offense on which the bail
is posted.
   All money and surety bonds so deposited with an officer authorized
to receive bail shall be transmitted immediately to the judge or
clerk of the court by which the order was made or warrant issued or
bail schedule fixed. If, in the case of felonies, an indictment is
filed, the judge or clerk of the court shall transmit all of the
money and surety bonds to the clerk of the court. 
   (h) 
    (i)  If a defendant or arrested person so released fails
to appear at the time and in the court so ordered upon his or her
release from custody, Sections 1305 and 1306 apply.
  SEC. 3.  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) Two representatives 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.
   (E) Two representatives, each appointed by both the Golden State
Bail Agents Association and the California Bail Agents Association.
   (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.
  SEC. 4.  Section 1295 of the Penal Code is amended to read:
   1295.  (a) The defendant, or any other person, at any time after
an order admitting defendant to bail or after the arrest and booking
of a defendant for having committed a misdemeanor, instead of giving
bail may deposit, with the clerk of the court in which the defendant
is held to answer or notified to appear for arraignment, the sum
mentioned in the order or, if no order, in the schedule of bail
previously fixed by the judges of the court  pursuant to Section
1269b  , and, upon delivering to the officer in whose custody
defendant is a certificate of the deposit, the defendant must be
discharged from custody.
   (b) Where more than one deposit is made with respect to any charge
in any accusatory pleading based upon the acts supporting the
original charge as a result of which an earlier deposit was made, the
defendant shall receive credit in the amount of any earlier deposit.

   (c) The clerk of the court shall not accept a general assistance
check for this deposit or any part thereof.
  SEC. 5.  Section 40502 of the Vehicle Code is amended to read:
   40502.  The place specified in the notice to appear shall be any
of the following:
   (a) Before a magistrate within the county in which the offense
charged is alleged to have been committed and who has jurisdiction of
the offense and is nearest or most accessible with reference to the
place where the arrest is made.
   (b) Upon demand of the person arrested, before a judge or other
magistrate having jurisdiction of the offense at the county seat of
the county in which the offense is alleged to have been committed.
This subdivision applies only if the person arrested resides, or the
person's principal place of employment is located, closer to the
county seat than to the magistrate nearest or most accessible to the
place where the arrest is made.
   (c)  (1)    Before a person authorized to
receive a deposit of bail. 
   The 
    (2)     The  clerk and deputy clerks
of the superior court are persons authorized to receive bail in
accordance with  a   the  schedule of bail
approved  by the judges of that court   pursuant
to Section 1269b of the Penal Code  .
   (d)  (1)    Before the juvenile court, a
juvenile court referee, or a juvenile hearing officer within the
county in which the offense charged is alleged to have been
committed, if the person arrested appears to be under the age of 18
years. The juvenile court shall by order designate the proper person
before whom the appearance is to be made. 
   In 
    (2)     In  a county that has
implemented the provisions of Section 603.5 of the Welfare and
Institutions Code, if the offense alleged to have been committed by a
minor is classified as an infraction under this code, or is a
violation of a local ordinance involving the driving, parking, or
operation of a motor vehicle, the citation shall be issued as
provided in subdivision (a), (b), or (c); provided, however, that if
the citation combines an infraction and a misdemeanor, the place
specified shall be as provided in  this  subdivision
 (d)  . 
   If 
    (e)     If  the place specified in the
notice to appear is within a county where a department of the
superior court is to hold a night session within a period of not more
than 10 days after the arrest, the notice to appear shall contain,
in addition to the above, a statement notifying the person arrested
that the person may appear before a night session of the court.
  SEC. 6.  Section 42007 of the Vehicle Code is amended to read:
   42007.  (a) (1) The clerk of the court shall collect a fee from
every person who is ordered or permitted to attend a traffic violator
school pursuant to Section 41501 or 42005 in an amount equal to the
total bail set forth for the eligible offense on the  uniform
countywide  bail schedule  required pursuant to Section
1269b of the Penal Code  . As used in this subdivision, "total
bail" means the amount established pursuant to Section 1269b of the
Penal Code in accordance with the Uniform Bail and Penalty Schedule
adopted by the Judicial Council, including all assessments,
surcharges, and penalty amounts. Where multiple offenses are charged
in a single notice to appear, the "total bail" is the amount
applicable for the greater of the qualifying offenses. However, the
court may determine a lesser fee under this subdivision upon a
showing that the defendant is unable to pay the full amount.
   The fee shall not include the cost, or any part thereof, of
traffic safety instruction offered by a traffic violator school.
   (2) The clerk may accept from a defendant who is ordered or
permitted to attend traffic violator school a payment of at least 10
percent of the fee required by paragraph (1) upon filing a written
agreement by the defendant to pay the remainder of the fee according
to an installment payment schedule of no more than 90 days as agreed
upon with the court. The Judicial Council shall prescribe the form of
the agreement for payment of the fee in installments. When the
defendant signs the Judicial Council form for payment of the fee in
installments, the court shall continue the case to the date in the
agreement to complete payment of the fee and submit the certificate
of completion of traffic violator school to the court. The clerk
shall collect a fee of up to thirty-five dollars ($35) to cover
administrative and clerical costs for processing an installment
payment of the traffic violator school fee under this paragraph.
   (3) If a defendant fails to make an installment payment of the fee
according to an installment agreement, the court may convert the fee
to bail, declare it forfeited, and report the forfeiture as a
conviction under Section 1803. The court may also charge a failure to
pay under Section 40508 and impose a civil assessment as provided in
Section 1214.1 of the Penal Code or issue an arrest warrant for a
failure to pay. For the purposes of reporting a conviction under this
subdivision to the department under Section 1803, the date that the
court declares the bail forfeited shall be reported as the date of
conviction.
   (b) Revenues derived from the fee collected under this section
shall be deposited in accordance with Section 68084 of the Government
Code in the general fund of the county and, as may be applicable,
distributed as follows:
   (1) In any county in which a fund is established pursuant to
Section 76100 or 76101 of the Government Code, the sum of one dollar
($1) for each fund so established shall be deposited with the county
treasurer and placed in that fund.
   (2) In any county that has established a Maddy Emergency Medical
Services Fund pursuant to Section 1797.98a of the Health and Safety
Code, an amount equal to the sum of each two dollars ($2) for every
seven dollars ($7) that would have been collected pursuant to Section
76000 of the Government Code and, commencing January 1, 2009, an
amount equal to the sum of each two dollars ($2) for every ten
dollars ($10) that would have been collected pursuant to Section
76000.5 of the Government Code with respect to those counties to
which that section is applicable shall be deposited in that fund.
Nothing in the act that added this paragraph shall be interpreted in
a manner that would result in either of the following:
   (A) The utilization of penalty assessment funds that had been set
aside, on or before January 1, 2000, to finance debt service on a
capital facility that existed before January 1, 2000.
   (B) The reduction of the availability of penalty assessment
revenues that had been pledged, on or before January 1, 2000, as a
means of financing a facility which was approved by a county board of
supervisors, but on January 1, 2000, is not under construction.
   (3) The amount of the fee that is attributable to Section 70372 of
the Government Code shall be transferred pursuant to subdivision (f)
of that section.
   (c) For fees resulting from city arrests, an amount equal to the
amount of base fines that would have been deposited in the treasury
of the appropriate city pursuant to paragraph (3) of subdivision (b)
of Section 1463.001 of the Penal Code shall be deposited in the
treasury of the appropriate city.
   (d) The clerk of the court, in a county that offers traffic school
shall include in any courtesy notice mailed to a defendant for an
offense that qualifies for traffic school attendance the following
statement:



   NOTICE: If you are eligible and decide not to attend traffic
school your automobile insurance may be adversely affected. One
conviction in any 18-month period will be held confidential and not
show on your driving record if you complete a traffic violator school
program.



   (e) Notwithstanding any other provision of law, a county that has
established a Maddy Emergency Medical Services Fund pursuant to
Section 1797.98a of the Health and Safety Code shall not be held
liable for having deposited into the fund, prior to January 1, 2009,
an amount equal to two dollars ($2) for every ten dollars ($10) that
would have been collected pursuant to Section 76000.5 of the
Government Code from revenues derived from traffic violator school
fees collected pursuant to this section.
  SEC. 7.  Section 42007.1 of the Vehicle Code is amended to read:
   42007.1.  (a) The amount collected by the clerk pursuant to
subdivision (a) of Section 42007 shall be in an amount equal to the
total bail set forth for the eligible offense on the  uniform
countywide  bail schedule  pursuant to Section 1269b of
the Penal Code  plus a forty-nine-dollar ($49) fee, and a fee
determined by the department to be sufficient to defray the cost of
routine monitoring of traffic violator school instruction pursuant to
subdivision (c) of Section 11208, and a fee, if any, established by
the court pursuant to subdivision (c) of Section 11205.2 to defray
the costs incurred by a traffic assistance program.
   (b) Notwithstanding subdivision (b) of Section 42007, the revenue
from the forty-nine-dollar ($49) fee collected under this section
shall be deposited in the county general fund. Fifty-one percent of
the amount collected under this section and deposited into the county
general fund shall be transmitted therefrom monthly to the
Controller for deposit in the Immediate and Critical Needs Account of
the State Court Facilities Construction Fund, established in Section
70371.5 of the Government Code.
   (c) The fee assessed pursuant to subdivision (c) of Section 11208
shall be allocated to the department to defray the costs of
monitoring traffic violator school instruction.
  SEC. 8.  Section 42008.7 of the Vehicle Code is amended to read:
   42008.7.  (a) The State of California continues to face a fiscal
and economic crisis affecting the  State Budget 
 state budget  and the overall state economy. In light of
this crisis, a one-time infraction amnesty program would do the
following:
   (1) Provide relief to individuals who have found themselves in
violation of a court-ordered obligation because they are financially
unable to pay traffic bail or fines.
   (2) Provide increased revenue at a time when revenue is scarce by
encouraging payment of old fines that have remained unpaid.
   (3) Allow courts and counties to resolve older delinquent cases
and focus limited resources on collecting on more recent cases.
   (b) A one-time amnesty program for fines and bail meeting the
eligibility requirements set forth in subdivision (e) shall be
established in each county. Unless agreed otherwise by the court and
the county in writing, the government entities that are responsible
for the collection of delinquent court-ordered debt shall be
responsible for implementation of the amnesty program as to that
debt, maintaining the same division of responsibility in place with
respect to the collection of court-ordered debt under subdivision (b)
of Section 1463.010 of the Penal Code.
   (c) As used in this section, the term "fine" or "bail" refers to
the total amounts due in connection with a specific violation, which
include, but are not limited to, the following:
   (1) Base fine or bail, as established by court order, by statute,
or by the court's bail schedule  adopted pursuant to Section
1269b of the Penal Code  .
   (2) Penalty assessments imposed pursuant to Section 1464 of the
Penal Code and Sections 70372, 76000, 76000.5, 76104.6, and 76104.7
of the Government Code.
   (3) Civil assessment imposed pursuant to Section 1214.1 of the
Penal Code.
   (4) State surcharge imposed pursuant to Section 1465.7 of the
Penal Code.
   (5) Court security fee imposed pursuant to Section 1465.8 of the
Penal Code.
   (d) In addition to and at the same time as the mandatory one-time
amnesty program is established pursuant to subdivision (b), the court
and the county may jointly agree to extend that amnesty program to
fines and bail imposed for a misdemeanor violation of this code and a
violation of Section 853.7 of the Penal Code added to the
misdemeanor case otherwise subject to the amnesty. The amnesty
program authorized pursuant to this subdivision shall not apply to
parking violations and violations of Section 23103, 23104, 23105,
23152, or 23153 of this code.
   (e) Violations are only eligible for amnesty if paragraph (1),
(2), or (3) applies and the requirements of paragraphs (4), (5), and
(6) are met:
   (1) The violation is an infraction violation filed with the court.

   (2) It is a violation of subdivision (a) or (b) of Section 40508,
or a violation of Section 853.7 of the Penal Code added to the case
subject to paragraph (1).
   (3) The violation is a misdemeanor violation filed with the court
to which subdivision (d) applies.
   (4) The due date for payment of the fine or bail was on or before
January 1, 2009.
   (5) The defendant does not owe victim restitution on any case
within the county.
   (6) There are no outstanding misdemeanor or felony warrants for
the defendant within the county, except for misdemeanor warrants for
misdemeanor violations authorized by the court and the county
pursuant to subdivision (d).
   (f) Each amnesty program shall accept, in full satisfaction of any
eligible fine or bail, 50 percent of the fine or bail amount, as
defined in subdivision (c) of this section. Payment of a fine or bail
under an amnesty program implemented pursuant to this section shall
be accepted beginning January 1, 2012, and ending June 30, 2012. The
Judicial Council shall adopt guidelines for the amnesty program no
later than November 1, 2011, and each program shall be conducted in
accordance with Judicial Council guidelines.
   (g) No criminal action shall be brought against a person for a
delinquent fine or bail paid under the amnesty program.
   (h) The total amount of funds collected under the amnesty program
shall as soon as practical after receipt thereof be deposited in the
county treasury or the account established under Section 77009 of the
Government Code. Any unreimbursed costs of operating the amnesty
program, excluding capital expenditures, may be deducted from the
revenues collected under the amnesty program by the court or the
county that incurred the expense of operating the program.
Notwithstanding Section 1203.1d of the Penal Code, the remaining
revenues collected under the amnesty program shall be distributed on
a pro rata basis in the same manner as a partial payment distributed
pursuant to Section 1462.5 of the Penal Code.
   (i) Each court or county implementing an amnesty program shall
file, not later than September 30, 2012, a written report with the
Judicial Council, on a form approved by the Judicial Council. The
report shall include information about the number of cases resolved,
the amount of money collected, and the operating costs of the amnesty
program. Notwithstanding Section 10231.5 of the Government Code, on
or before December 31, 2012, the Judicial Council shall submit a
report to the Legislature summarizing the information provided by
each court or county.