Today's Law As Amended


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AB-2418 Bail.(2007-2008)



As Amends the Law Today


SECTION 1.

 Section 667.21 is added to the Penal Code, to read:

667.21.
 (a) Notwithstanding any other law, no person charged with a violent felony enumerated in subdivision (c) of Section 667.5 or a gang-related felony in violation of Section 186.22 shall be eligible for bail or released on his or her own recognizance pending trial if, at the time of the alleged offense, he or she was illegally within the United States. The sheriff of the county in which the subject is being held shall, as soon as practical, notify the federal Immigration and Customs Enforcement of the person’s arrest and charges.
(b) This section shall not be construed to authorize the arrest of any person based upon his or her alien status or for violation of federal immigration laws.
(c) The sheriff, district attorney, and trial courts of each county shall record the status of any illegal alien charged with, booked for, or convicted of a felony and report this information to the Department of Justice for inclusion in that person’s criminal history so that reimbursement may be sought from the federal government for the cost of incarceration.
(d) The presiding judge shall make appropriate inquiries into the legal status of a defendant at the defendant’s bail hearings.
SEC. 2.
 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.