Bill Text: CA AB38 | 2021-2022 | Regular Session | Amended


Bill Title: Statewide bail schedule.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2021-01-15 - Re-referred to Com. on PUB. S. [AB38 Detail]

Download: California-2021-AB38-Amended.html

Amended  IN  Assembly  January 14, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 38


Introduced by Assembly Member Cooper

December 07, 2020


An act to add Section 1269d to the Penal Code, relating to bail.


LEGISLATIVE COUNSEL'S DIGEST


AB 38, as amended, Cooper. Statewide bail schedule.
Existing law requires superior court judges in each county to prepare, adopt, and annually revise a uniform countywide schedule of bail for all bailable felony offenses, all misdemeanor offenses, and all infractions, except Vehicle Code infractions. Existing law requires the countywide bail schedule to contain a list of offenses and the amounts of bail applicable for each, as the judges determine to be appropriate.
This bill would require the Judicial Council to prepare, adopt, and annually revise a statewide bail schedule for all bailable felony offenses and for all misdemeanor and infraction offenses except Vehicle Code infractions, as specified. This bill would require that bail for a person charged with 2 or more offenses be the amount computed under the bail schedule for the charge having the highest amount of bail, except as provided.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 1269d is added to the Penal Code, to read:

1269d.
 (a) In addition to preparing the penalty schedule for infraction violations of the Vehicle Code pursuant to Section 40310 of the Vehicle Code, it is the duty of the Judicial Council, on or before January 1, 2022, to prepare, adopt, and annually revise a statewide bail schedule for all bailable felony offenses and for all misdemeanor and infraction offenses except Vehicle Code infractions.
(1) The Judicial Council shall appoint a group of judges, deemed by the council sufficient to adequately represent counties varying in size from throughout the state, to develop and approve the statewide bail schedule.
(2) In preparing, adopting, and annually revising the statewide bail schedule, the Judicial Council shall consult with the following representatives:
(A) A representative appointed by the California District Attorneys Association.
(B) A representative appointed by the California Public Defenders Association.
(C) A representative appointed by the California State Sheriffs’ Association.
(3) In preparing, adopting, and annually revising the statewide bail schedule, the Judicial Council shall receive and consider input regarding the statewide bail schedule from interested parties other than those specified in paragraph (2).
(b) (1) In adopting the statewide bail schedule for all bailable felony offenses, the Judicial Council shall consider the seriousness of the offense charged. In considering the seriousness of the offense charged the Judicial Council shall assign an additional amount of required bail for each aggravating or enhancing factor chargeable in the complaint, including, but not limited to, additional bail for charges alleging facts that would bring a person within any of the following sections: Section 667.5, 667.51, 667.6, 667.8, 667.85, 667.9, 667.10, 12022, 12022.1, 12022.2, 12022.3, 12022.4, 12022.5, 12022.53, 12022.8, or 12022.9 of this code, or Section 11356.5, 11370.2, or 11370.4 of the Health and Safety Code.
(2) In considering offenses in which a violation of Chapter 6 (commencing with Section 11350) of Division 10 of the Health and Safety Code is alleged, the Judicial Council shall assign an additional amount of required bail for offenses involving large quantities of controlled substances.
(3) In adopting the statewide bail schedule for all bailable offenses, the Judicial Council shall do all of the following:
(A) Except as provided in subparagraph (B), if a person is booked for or charged with two or more offenses, require bail to be the amount computed under the bail schedule for the charge having the highest amount of bail, including applicable amounts for enhancements and prior convictions.
(B) If a person is booked for or charged with two or more offenses and one of the circumstances specified in clause (i) or (ii) is present, require bail to be the sum of the amounts listed for each offense, including applicable amounts for enhancements and prior convictions.
(i) The offenses were alleged to be committed against separate victims or on separate dates.
(ii) Separate sex acts were alleged to be committed on the same victim and each may be punished separately, including pursuant to subdivision (c) or (d) of Section 667.6.
(C) When determining the amount of bail pursuant to subparagraph (A) or (B), require both of the following:
(i) That amounts for applicable enhancements be added only one time per person.
(ii) That amounts for prior convictions, if applicable, be added only one time per prior case.
(c) The statewide bail schedule shall contain a list of the offenses and the amounts of bail applicable for each as the Judicial Council determines to be appropriate. If the schedule does not list all offenses specifically, it shall contain a general clause for designated amounts of bail as the Judicial Council determines to be appropriate for all the offenses not specifically listed in the schedule.
(d) The statewide bail schedule shall not reduce the bail amount for an offense listed in any county’s bail schedule to less than half of what it was prior to January 1, 2022.
(e) The Judicial Council shall adopt California Rules of Court consistent with this section.

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