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AB-2151 Bail.(2023-2024)

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Date Published: 02/06/2024 09:00 PM
AB2151:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2151

Introduced by Assembly Member Davies

February 06, 2024

An act to amend Section 1275 of the Penal Code, relating to bail.


LEGISLATIVE COUNSEL'S DIGEST


AB 2151, as introduced, Davies. Bail.
Existing law requires a judge or magistrate, in setting, reducing, or denying bail, to take into consideration the protection of the public, the seriousness of the offense charged, the previous criminal record of the defendant, and the probability of the defendant appearing at trial or at the hearing of the case.
This bill would require a court, as a condition of bail, to require a person who has been arrested for a felony offense to waive extradition if the person fails to appear as required and is apprehended outside the State of California.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 1275 of the Penal Code is amended to read:

1275.
 (a) (1) In setting, reducing, or denying bail, a judge or magistrate shall take into consideration the protection of the public, the seriousness of the offense charged, the previous criminal record of the defendant, and the probability of his or her the defendant appearing at trial or at a hearing of the case. The public safety shall be the primary consideration. In setting bail, a judge or magistrate may consider factors such as the information included in a report prepared in accordance with Section 1318.1.
(2) In considering the seriousness of the offense charged, a judge or magistrate shall include consideration of the alleged injury to the victim, and the alleged threats to the victim or a witness to the crime charged, the alleged use of a firearm or other deadly weapon in the commission of the crime charged, and the alleged use or possession of controlled substances by the defendant.
(3) For a person who has been arrested for a felony offense, the court shall require as a condition of bail that the person execute a waiver of extradition stating the person shall waive extradition if the person fails to appear as required and is apprehended outside the State of California.
(b) In considering offenses wherein a violation of Chapter 6 (commencing with Section 11350) of Division 10 of the Health and Safety Code is alleged, a judge or magistrate shall consider the following: (1) the alleged amounts of controlled substances involved in the commission of the offense, and (2) whether the defendant is currently released on bail for an alleged violation of Chapter 6 (commencing with Section 11350) of Division 10 of the Health and Safety Code.
(c) Before a court reduces bail to below the amount established by the bail schedule approved for the county, in accordance with subdivisions (b) and (c) of Section 1269b, for a person charged with a serious felony, as defined in subdivision (c) of Section 1192.7, or a violent felony, as defined in subdivision (c) of Section 667.5, the court shall make a finding of unusual circumstances and shall set forth those facts on the record. For purposes of this subdivision, “unusual circumstances” does not include the fact that the defendant has made all prior court appearances or has not committed any new offenses.