CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2391

Introduced by Assembly Member Vince Fong

February 12, 2024

An act to amend Section 1270 of the Penal Code, relating to criminal procedure.


LEGISLATIVE COUNSEL'S DIGEST


AB 2391, as introduced, Vince Fong. Bail: pretrial release.
Existing law requires that a defendant who is in custody and is arraigned on a complaint alleging an offense that is a misdemeanor be entitled to an own recognizance release, unless the court finds that an own recognizance release will compromise public safety or will not reasonably assure the appearance of the defendant, as specified.
This bill would specify that public safety for these purposes includes protection from physical or economic injury.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 1270 of the Penal Code is amended to read:

1270.
 (a) Any A person who has been arrested for, or charged with, an offense other than a capital offense may be released on his or her their own recognizance by a court or magistrate who could release a defendant from custody upon the defendant giving bail, including a defendant arrested upon an out-of-county warrant. A defendant who is in custody and is arraigned on a complaint alleging an offense which that is a misdemeanor, and a defendant who appears before a court or magistrate upon an out-of-county warrant arising out of a case involving only misdemeanors, shall be entitled to an own recognizance release unless the court makes a finding on the record, in accordance with pursuant to Section 1275, that an own recognizance release will compromise public safety or will not reasonably assure the appearance of the defendant as required. Public safety shall be the primary consideration. If the court makes one of those findings, the court shall then set bail and specify the conditions, if any, whereunder under which the defendant shall be released.
(b) Article 9 (commencing with Section 1318) shall apply to any applies to a person who is released pursuant to this section.
(c) For the purposes of this section, “public safety” includes protection from physical or economic injury.