California Senate Bill SCA13 Amended / Bill

 BILL NUMBER: SCA 13AMENDED BILL TEXT AMENDED IN SENATE MAY 13, 2016 INTRODUCED BY Senator Nguyen APRIL 12, 2016 A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Section 12 of Article I thereof, relating to bail. LEGISLATIVE COUNSEL'S DIGEST SCA 13, as amended, Nguyen. Bail: risk of flight exception. The California Constitution requires a person to be released on bail, as provided, except  for   if he or she is accused of  certain crimes and offenses, including capital crimes when the facts are evident or the presumption great, and felony offenses involving acts of violence on another person, or felony sexual assault offenses on another person, when the facts are evident or the presumption great and the court finds based upon clear and convincing evidence that there is a substantial likelihood the person's release would result in great bodily harm to others. This measure would expand the exception  from the right to bail  described above to include  crimes in which a person is accused of committing  felony  sexual assault  offenses  against a minor and other, specified sex offenses committed against a minor  when the facts are evident or the presumption great and the court finds based on preponderance of the evidence that there is a substantial likelihood the person will flee if  he or she is  released and that no condition or combination of conditions will reasonably assure   ensure  the person's appearance at hearing or trial if  he or she  released. Vote: 2/3. Appropriation: no. Fiscal committee: no. State-mandated local program: no. Resolved by the Senate, the Assembly concurring, That the Legislature of the State of California at its 2015-16 Regular Session commencing on the first day of December 2014, two-thirds of the membership of each house concurring, hereby proposes to the people of the State of California, that the Constitution of the State be amended as follows: That Section 12 of Article I thereof is amended to read: SEC. 12. (a) A person shall be released on bail by sufficient sureties, except for any of the following crimes and offenses: (1) Capital crimes when the facts are evident or the presumption great. (2) Felony offenses involving acts of violence on another person, or felony sexual assault offenses on another person, when the facts are evident or the presumption great and the court finds based upon clear and convincing evidence that there is a substantial likelihood the person's release would result in great bodily harm to others. (3) Felony offenses when the facts are evident or the presumption great and the court finds based on clear and convincing evidence that the person has threatened another with great bodily harm and that there is a substantial likelihood that the person would carry out the threat if released. (4) Felony  sexual assault  offenses  against a minor and other sex offenses described in the Sex Offender Registration Act when committed against a minor, including, but not limited to, any of the following,  when the facts are evident or the presumption great and the court finds based on preponderance of the evidence that there is a substantial likelihood the person will flee if  he or she is  released and that no condition or combination of conditions will reasonably  assure   ensure  the person's appearance at hearing or trial if  released.   he or she is released:   (A) Oral copulation.   (B) Lewd and lascivious acts with a minor or who is under 14 years of age.   (C) Arranging a meeting with a minor or a person he or she believes to be a minor for the purpose of engaging in lewd or lascivious behavior, including, but not limited to, engaging in sexual conduct with, or in the presence of, that minor.   (D) An attempt to commit an act described in subparagraph (A), (B), or (C).  (b)  Excessive   An excessive amount of  bail shall not be  required.   imposed.  In fixing the amount of bail, the court shall take into consideration the seriousness of the offense charged, the previous criminal record of the defendant, and the probability of his or her appearing at the  trial or  hearing  of the case.   or trial.  (c) A person may be released on his or her own recognizance in the court's discretion.