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AB-789 Criminal procedure: release on own recognizance.(2017-2018)

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Date Published: 02/15/2017 09:00 PM
AB789:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 789


Introduced by Assembly Member Rubio

February 15, 2017


An act to amend Section 1319.5 of the Penal Code, relating to criminal law.


LEGISLATIVE COUNSEL'S DIGEST


AB 789, as introduced, Rubio. Criminal procedure: release on own recognizance.
Existing law prohibits the release of any person on his or her own recognizance who is arrested for a new offense and who is currently on felony probation or felony parole or who has failed to appear in court as ordered, resulting in a warrant being issued, 3 or more times over the 3 years preceding the current arrest, and who is arrested for any felony offense or other specified crimes, until a hearing is held in open court before the magistrate or judge.
This bill would allow a court to approve, without a hearing in open court, own recognizance releases under a court-operated or court-approved pretrial release program for arrestees with 3 or more prior failures to appear.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 1319.5 of the Penal Code is amended to read:

1319.5.
 (a) No A person described in subdivision (b) who is arrested for a new offense may shall not be released on his or her own recognizance until a hearing is held in open court before the magistrate or judge.
(b) Subdivision (a) shall apply to the following:
(1) Any person who is currently on felony probation or felony parole.
(2) Any person who has failed to appear in court as ordered, resulting in a warrant being issued, three or more times over the three years preceding the current arrest, except for infractions arising from violations of the Vehicle Code, and who is arrested for any of the following offenses: offenses, unless the person is released under a court-operated or court-approved pretrial release program:
(A) Any felony offense.
(B) Any violation of the California Street Terrorism Enforcement and Prevention Act (Chapter 11 (commencing with Section 186.20) of Title 7 of Part 1).
(C) Any violation of Chapter 9 (commencing with Section 240) of Title 8 of Part 1 (assault and battery).
(D) A violation of Section 484 (theft).
(E) A violation of Section 459 (burglary).
(F) Any offense in which the defendant is alleged to have been armed with or to have personally used a firearm.