Bill Text: CA AB805 | 2013-2014 | Regular Session | Chaptered

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Bill Title: Bail.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-06-24 - Chaptered by Secretary of State - Chapter 17, Statutes of 2013. [AB805 Detail]

Download: California-2013-AB805-Chaptered.html

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BILL NUMBER: AB 805	CHAPTERED
	BILL TEXT

	CHAPTER  17
	FILED WITH SECRETARY OF STATE  JUNE 24, 2013
	APPROVED BY GOVERNOR  JUNE 24, 2013
	PASSED THE SENATE  JUNE 6, 2013
	PASSED THE ASSEMBLY  JUNE 6, 2013
	AMENDED IN SENATE  MAY 30, 2013

INTRODUCED BY   Assembly Member Jones-Sawyer

                        FEBRUARY 21, 2013

   An act to amend Section 1275 of the Penal Code, relating to bail.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 805, Jones-Sawyer. Bail.
   Existing law provides that in setting, reducing, or denying bail,
a judge or magistrate is required to consider the protection of the
public, the seriousness of the offense charged, the previous criminal
record of the defendant, and the probability of his or her appearing
at trial or at a hearing of the case. Existing law also provides
that public safety is the primary consideration in setting, reducing,
or denying bail. Existing law authorizes a court to employ an
investigative staff for the purpose of recommending whether a
defendant should be released on his or her own recognizance.
   This bill would provide that in setting, reducing, or denying
bail, a judge or magistrate may consider the report prepared by that
staff.
   This bill would also make technical, nonsubstantive changes to
these provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1275 of the Penal Code is amended to read:
   1275.  (a) (1) In setting, reducing, or denying bail, a judge or
magistrate shall take into consideration the protection of the
public, the seriousness of the offense charged, the previous criminal
record of the defendant, and the probability of his or her appearing
at trial or hearing of the case. The public safety shall be the
primary consideration. In setting bail, a judge or magistrate may
consider factors such as the information included in a report
prepared in accordance with Section 1318.1.
   (2) In considering the seriousness of the offense charged, a judge
or magistrate shall include consideration of the alleged injury to
the victim, and alleged threats to the victim or a witness to the
crime charged, the alleged use of a firearm or other deadly weapon in
the commission of the crime charged, and the alleged use or
possession of controlled substances by the defendant.
   (b) In considering offenses wherein a violation of Chapter 6
(commencing with Section 11350) of Division 10 of the Health and
Safety Code is alleged, a judge or magistrate shall consider the
following: (1) the alleged amounts of controlled substances involved
in the commission of the offense, and (2) whether the defendant is
currently released on bail for an alleged violation of Chapter 6
(commencing with Section 11350) of Division 10 of the Health and
Safety Code.
   (c) Before a court reduces bail to below the amount established by
the bail schedule approved for the county, in accordance with
subdivisions (b) and (c) of Section 1269b, for a person charged with
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,
the court shall make a finding of unusual circumstances and shall set
forth those facts on the record. For purposes of this subdivision,
"unusual circumstances" does not include the fact that the defendant
has made all prior court appearances or has not committed any new
offenses.