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SCA-13 Bail: risk of flight exception.(2015-2016)

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SCA13:v98#DOCUMENT

Amended  IN  Senate  May 16, 2016

CALIFORNIA LEGISLATURE— 2015–2016 REGULAR SESSION

Senate Constitutional Amendment No. 13


Introduced by Senator Nguyen

April 12, 2016


A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Section 12 of Article I thereof, relating to bail.


LEGISLATIVE COUNSEL'S DIGEST


SCA 13, as amended, Nguyen. Bail: risk of flight exception.
The California Constitution requires a person to be released on bail, as provided, except for if he or she is accused of certain crimes and offenses, including capital crimes when the facts are evident or the presumption great, and felony offenses involving acts of violence on another person, or felony sexual assault offenses on another person, when the facts are evident or the presumption great and the court finds based upon clear and convincing evidence that there is a substantial likelihood the person’s release would result in great bodily harm to others.
This measure would expand the exception from the right to bail described above to include crimes in which a person is accused of committing felony sexual assault offenses against a minor and other, specified sex offenses committed against a minor when the facts are evident or the presumption great and the court finds based on preponderance of the evidence that there is a substantial likelihood the person will flee if he or she is released and that no condition or combination of conditions will reasonably assure ensure the person’s appearance at hearing or trial if he or she released.
Vote: 2/3   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

Resolved by the Senate, the Assembly concurring, That the Legislature of the State of California at its 2015–16 Regular Session commencing on the first day of December 2014, two-thirds of the membership of each house concurring, hereby proposes to the people of the State of California, that the Constitution of the State be amended as follows:

 That Section 12 of Article I thereof is amended to read:

SEC. 12.
 (a) A person shall be released on bail by sufficient sureties, except for any of the following crimes and offenses:
(1) Capital crimes when the facts are evident or the presumption great.
(2) Felony offenses involving acts of violence on another person, or felony sexual assault offenses on another person, when the facts are evident or the presumption great and the court finds based upon clear and convincing evidence that there is a substantial likelihood the person’s release would result in great bodily harm to others.
(3) Felony offenses when the facts are evident or the presumption great and the court finds based on clear and convincing evidence that the person has threatened another with great bodily harm and that there is a substantial likelihood that the person would carry out the threat if released.
(4) Felony sexual assault offenses against a minor and other sex offenses described in the Sex Offender Registration Act when committed against a minor, including, but not limited to, any of the following, when the facts are evident or the presumption great and the court finds based on preponderance of the evidence that there is a substantial likelihood the person will flee if he or she is released and that no condition or combination of conditions will reasonably assure ensure the person’s appearance at hearing or trial if released. he or she is released:
(A) Oral copulation.
(B) Lewd and lascivious acts with a minor or who is under 14 years of age.
(C) Arranging a meeting with a minor or a person he or she believes to be a minor for the purpose of engaging in lewd or lascivious behavior, including, but not limited to, engaging in sexual conduct with, or in the presence of, that minor.
(D) An attempt to commit an act described in subparagraph (A), (B), or (C).
(b) Excessive An excessive amount of bail shall not be required. imposed. In fixing the amount of bail, the court shall take into consideration the seriousness of the offense charged, the previous criminal record of the defendant, and the probability of his or her appearing at the trial or hearing of the case. or trial.
(c) A person may be released on his or her own recognizance in the court’s discretion.