Compare Versions


Add To My Favorites | print page

AB-59 Bail: violent felonies.(1993-1994)



Current Version: 09/27/94 - Chaptered

Compare Versions information image


AB59:v95#DOCUMENT

Assembly Bill No. 59
CHAPTER 58

An act to amend Section 1270.1 of the Penal Code, relating to bail.

[ Filed with Secretary of State  September 27, 1994. Approved by Governor  September 26, 1994. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 59, Alpert. Bail: violent felonies.
Existing law provides that, among other things, before any person who is arrested for a violent felony, as defined, is released on bail, which bail is set in an amount which is either more or less than the amount contained in the schedule of bail for that felony, a hearing shall be held in open court before the magistrate or judge, as specified.
This bill would, in addition, require a hearing to be held before any person who is arrested for stalking, as defined, willful infliction of corporal injury on his or her spouse, battery on a former spouse, fiancG, fiancGe, or a person with whom there is a current or former dating relationship, or spousal rape, among others, is released on bail set in an amount that is more or less than the amount contained in the schedule of bail or is released on his or her own recognizance.

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


SECTION 1.

 Section 1270.1 of the Penal Code is amended to read:

1270.1.
 Before any person who is arrested for a violent felony or a violation of Section 262, 273.5, or 646.9, or paragraph (1) of subdivision (e) of Section 243, is released on bail, in an amount that is either more or less than the amount contained in the schedule of bail for the offense, or is released on his or her own recognizance, a hearing shall be held in open court before the magistrate or judge. The prosecuting attorney shall be given a two court-day written notice and an opportunity to be heard on the matter. The hearing required by this section shall be held within the time period prescribed in Section 825.
If the judge or magistrate sets the bail in an amount which is either more or less than the amount contained in the schedule of bail for the offense, the judge or magistrate shall state the reasons for that decision and shall address the issue of threats made against the victim or witness, if they were made, in the record. This statement shall be included in the record.
As used in this section, the term “violent felony” means any crime specified in subdivision (c) of Section 667.5.