Bill Text: CA SB1180 | 2011-2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Criminal procedure: release on defendant's own

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-06-11 - Ordered to inactive file on request of Senator Hancock. [SB1180 Detail]

Download: California-2011-SB1180-Introduced.html

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BILL NUMBER: SB 1180	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Hancock

                        FEBRUARY 22, 2012

   An act to amend Section 1318.1 of the Penal Code, relating to
criminal procedure.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1180, as introduced, Hancock. Criminal procedure: release on
defendant's own recognizance.
   Existing law authorizes a court, with the concurrence of the
county board of supervisors, to employ an investigative staff for the
purpose of recommending whether a defendant should be released on
his or her own recognizance. In cases involving certain crimes,
including violent felonies, an investigative report is required to be
prepared that includes specified information, including outstanding
warrants against the defendant and prior incidents where the
defendant has failed to make a court appearance.
   This bill would also authorize a law enforcement agency, probation
department, or other agency, with the concurrence of the board of
supervisors, to employ an investigative staff for the purpose of
recommending whether a defendant should be released on his or her own
recognizance in accordance with those provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1318.1 of the Penal Code is amended to read:
   1318.1.  (a) A court,  law enforcement agency, probation
department, or other agency,  with the concurrence of the board
of supervisors, may employ an investigative staff for the purpose of
recommending whether a defendant should be released on his or her own
recognizance.
   (b) Whenever a court  , law enforcement agency, probation
department, or other agency  has employed an investigative staff
pursuant to subdivision (a), an investigative report shall be
prepared in all cases involving a violent felony, as described in
subdivision (c) of Section 667.5, or a felony in violation of
subdivision (a) of Section 23153 of the Vehicle Code, recommending
whether the defendant should be released on his or her own
recognizance. The report shall include all of the following:
   (1) Written verification of any outstanding warrants against the
defendant.
   (2) Written verification of any prior incidents where the
defendant has failed to make a court appearance.
   (3) Written verification of the criminal record of the defendant.
   (4) Written verification of the residence of the defendant during
the past year.
   After the report is certified pursuant to this subdivision, it
shall be submitted to the court for review, prior to a hearing held
pursuant to Section 1319.
   (c) The salaries of the staff are a proper charge against the
county.