Today's Law As Amended

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



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:  
(A) Any felony offense.
(B) (A)  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) (B)  Any violation of Chapter 9 (commencing with Section 240) of Title 8 of Part 1 (assault and battery).  
(D) (C)  A violation of Section 484 (theft). 459 (residential burglary). 
(E) A violation of Section 459 (burglary).
(F) (D)  Any offense in which the defendant is alleged to have been armed with or to have personally used a firearm.
(E) Any offense involving domestic violence.
(F) Any offense in which the defendant is alleged to have caused great bodily injury to another person.
(G) Any other felony offense not described in subparagraphs (A) through (F), inclusive, unless the person is released pursuant to a court-operated pretrial release program or a pretrial release program with approval by the court, in which case subdivision (a) shall not apply.
(c) This section does not change the requirement under Section 1270.1 to hold a hearing in open court before the magistrate or judge in cases in which the person has been arrested for an offense specified in that section.
(d) This section does not alter or diminish the rights conferred under Section 28 of Article I of the California Constitution (Marsy’s Law).