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

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

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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-Amended.html

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BILL NUMBER: AB 805	AMENDED
	BILL TEXT

	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, as amended, 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 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.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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  take into consideration  
consider factors such as the  information included in a report
prepared in accordance with Section 1318.1. 
   In 
    (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.