AB 805, as amended, Jones-Sawyer. Bail.
Existing law provides that in setting, reducing, or denying bail, a judge or magistrate is required to consider 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 appearing at trial or hearing of the case. Existing law also provides that public safety is the primary consideration in setting, reducing, or denying bail. Existing law authorizes a court to employ an investigative staff for the purpose of recommending whether a defendant should be released on his or her own recognizance.
This bill would provide that in setting, reducing, or denying bail, a judge or magistrate may consider the report prepared by that staff.
This bill would also make technical, nonsubstantive changes to these 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 1275 of the Penal Code is amended to 
2read:
(a) begin insert(1)end insertbegin insert end insert In setting, reducing, or denying bail, a judge or 
2magistrate shall take into consideration the protection of the public, 
3the seriousness of the offense charged, the previous criminal record 
4of the defendant, and the probability of his or her appearing at trial 
5or hearing of the case. The public safety shall be the primary 
6consideration. In setting bail, a judge or magistrate maybegin delete take into begin insert
						consider factors such as theend insert information included 
7considerationend delete
8in a report prepared in accordance with Section 1318.1.
9In
end delete
10begin insert(2)end insertbegin insert end insertbegin insertInend insert considering the seriousness of the offense charged, a judge 
11or magistrate shall include consideration of the alleged injury to 
12the victim, and alleged threats to the victim or a witness to the 
13crime charged, the alleged use of a firearm or other deadly weapon 
14in the commission of the crime charged, and the alleged use or 
15possession of controlled substances by the defendant.
16(b) In
						considering offenses wherein a violation of Chapter 6 
17(commencing with Section 11350) of Division 10 of the Health 
18and Safety Code is alleged, a judge or magistrate shall consider 
19the following: (1) the alleged amounts of controlled substances 
20involved in the commission of the offense, and (2) whether the 
21defendant is currently released on bail for an alleged violation of 
22Chapter 6 (commencing with Section 11350) of Division 10 of the 
23Health and Safety Code.
24(c) Before a court reduces bail to below the amount established 
25by the bail schedule approved for the county, in accordance with 
26subdivisions (b) and (c) of Section 1269b, for a person charged 
27with a serious felony, as defined in subdivision (c) of Section 
281192.7, or a violent felony, as defined in subdivision (c) of Section 
29667.5, the court shall make a finding of unusual circumstances
						and 
30shall set forth those facts on the record. For purposes of this 
31subdivision, “unusual circumstances” does not include the fact 
32that the defendant has made all prior court appearances or has not 
33committed any new offenses.
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