Bill Text

Bill Information

PDF |Add To My Favorites | print page

AB-2388 Bail: statewide bail schedule.(2013-2014)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
AB2388:v97#DOCUMENT

Amended  IN  Assembly  April 30, 2014
Amended  IN  Assembly  March 28, 2014

CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Bill
No. 2388


Introduced by Assembly Member Hagman

February 21, 2014


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


LEGISLATIVE COUNSEL'S DIGEST


AB 2388, as amended, Hagman. Bail: 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 an advisory statewide bail schedule for all bailable felony offenses and for all misdemeanor and infraction offenses except Vehicle Code infractions. The bill would state that it is the intent of the Legislature that counties may reference the advisory statewide bail schedule when setting a countywide bail schedule.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   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, 2016, to prepare, adopt, and annually revise a an advisory 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 advisory statewide bail schedule.
(2) In preparing, adopting, and annually revising the advisory 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 advisory statewide bail schedule, the Judicial Council shall receive and consider input regarding the advisory statewide bail schedule from interested parties other than those specified in paragraph (2).
(b) (1) In adopting the advisory 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 advisory 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.
(e) It is the intent of the Legislature that the Judicial Council prepare, adopt, and annually revise an advisory statewide bail schedule that counties may reference when setting a countywide bail schedule.