CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2462Introduced by Assembly Member Harper(Principal coauthor: Assembly Member Baker)February 14, 2018 An act to amend Section 1275 of the Penal Code, relating to bail.LEGISLATIVE COUNSEL'S DIGESTAB 2462, as introduced, Harper. Bail: domestic violence.Existing law requires a judge or magistrate, in setting, reducing, or denying bail, to take into consideration 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 at a hearing of the case. Existing law requires that public safety be the primary consideration. In considering the seriousness of the offense charged, existing law requires a judge or magistrate to include consideration of, among other things, the alleged injury to the victim and the alleged use of a firearm or other deadly weapon in the commission of the crime charged.This bill, for purposes of a defendant charged with domestic violence, as defined, would require a judge or magistrate to take into consideration whether the victim was allegedly strangled or suffocated, as defined, by the defendant.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1275 of the Penal Code is amended to read:1275. (a) (1) In setting, reducing, or denying bail, a judge or magistrate shall take into consideration 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 at a hearing of the case. The public safety shall be the primary consideration. In setting bail, a judge or magistrate may consider factors such as the information included in a report prepared in accordance with Section 1318.1.(2) In considering the seriousness of the offense charged, a judge or magistrate shall include consideration of the alleged injury to the victim, and alleged threats to the victim or a witness to the crime charged, the alleged use of a firearm or other deadly weapon in the commission of the crime charged, and the alleged use or possession of controlled substances by the defendant.(3) For purposes of a defendant charged with domestic violence, as defined in Section 13700 of this code or in Section 6211 of the Family Code, a judge or magistrate shall, in setting, reducing, or denying bail, take into consideration whether the victim was allegedly strangled or suffocated, as defined in Section 273.5, by the defendant.(b) In considering offenses wherein a violation of Chapter 6 (commencing with Section 11350) of Division 10 of the Health and Safety Code is alleged, a judge or magistrate shall consider the following: (1) the alleged amounts of controlled substances involved in the commission of the offense, and (2) whether the defendant is currently released on bail for an alleged violation of Chapter 6 (commencing with Section 11350) of Division 10 of the Health and Safety Code.(c) Before a court reduces bail to below the amount established by the bail schedule approved for the county, in accordance with subdivisions (b) and (c) of Section 1269b, for a person charged with a serious felony, as defined in subdivision (c) of Section 1192.7, or a violent felony, as defined in subdivision (c) of Section 667.5, the court shall make a finding of unusual circumstances and shall set forth those facts on the record. For purposes of this subdivision, unusual circumstances does not include the fact that the defendant has made all prior court appearances or has not committed any new offenses.
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2462Introduced by Assembly Member Harper(Principal coauthor: Assembly Member Baker)February 14, 2018 An act to amend Section 1275 of the Penal Code, relating to bail.LEGISLATIVE COUNSEL'S DIGESTAB 2462, as introduced, Harper. Bail: domestic violence.Existing law requires a judge or magistrate, in setting, reducing, or denying bail, to take into consideration 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 at a hearing of the case. Existing law requires that public safety be the primary consideration. In considering the seriousness of the offense charged, existing law requires a judge or magistrate to include consideration of, among other things, the alleged injury to the victim and the alleged use of a firearm or other deadly weapon in the commission of the crime charged.This bill, for purposes of a defendant charged with domestic violence, as defined, would require a judge or magistrate to take into consideration whether the victim was allegedly strangled or suffocated, as defined, by the defendant.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 2462
Introduced by Assembly Member Harper(Principal coauthor: Assembly Member Baker)February 14, 2018
Introduced by Assembly Member Harper(Principal coauthor: Assembly Member Baker)
February 14, 2018
An act to amend Section 1275 of the Penal Code, relating to bail.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2462, as introduced, Harper. Bail: domestic violence.
Existing law requires a judge or magistrate, in setting, reducing, or denying bail, to take into consideration 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 at a hearing of the case. Existing law requires that public safety be the primary consideration. In considering the seriousness of the offense charged, existing law requires a judge or magistrate to include consideration of, among other things, the alleged injury to the victim and the alleged use of a firearm or other deadly weapon in the commission of the crime charged.This bill, for purposes of a defendant charged with domestic violence, as defined, would require a judge or magistrate to take into consideration whether the victim was allegedly strangled or suffocated, as defined, by the defendant.
Existing law requires a judge or magistrate, in setting, reducing, or denying bail, to take into consideration 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 at a hearing of the case. Existing law requires that public safety be the primary consideration. In considering the seriousness of the offense charged, existing law requires a judge or magistrate to include consideration of, among other things, the alleged injury to the victim and the alleged use of a firearm or other deadly weapon in the commission of the crime charged.
This bill, for purposes of a defendant charged with domestic violence, as defined, would require a judge or magistrate to take into consideration whether the victim was allegedly strangled or suffocated, as defined, by the defendant.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 1275 of the Penal Code is amended to read:1275. (a) (1) In setting, reducing, or denying bail, a judge or magistrate shall take into consideration 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 at a hearing of the case. The public safety shall be the primary consideration. In setting bail, a judge or magistrate may consider factors such as the information included in a report prepared in accordance with Section 1318.1.(2) In considering the seriousness of the offense charged, a judge or magistrate shall include consideration of the alleged injury to the victim, and alleged threats to the victim or a witness to the crime charged, the alleged use of a firearm or other deadly weapon in the commission of the crime charged, and the alleged use or possession of controlled substances by the defendant.(3) For purposes of a defendant charged with domestic violence, as defined in Section 13700 of this code or in Section 6211 of the Family Code, a judge or magistrate shall, in setting, reducing, or denying bail, take into consideration whether the victim was allegedly strangled or suffocated, as defined in Section 273.5, by the defendant.(b) In considering offenses wherein a violation of Chapter 6 (commencing with Section 11350) of Division 10 of the Health and Safety Code is alleged, a judge or magistrate shall consider the following: (1) the alleged amounts of controlled substances involved in the commission of the offense, and (2) whether the defendant is currently released on bail for an alleged violation of Chapter 6 (commencing with Section 11350) of Division 10 of the Health and Safety Code.(c) Before a court reduces bail to below the amount established by the bail schedule approved for the county, in accordance with subdivisions (b) and (c) of Section 1269b, for a person charged with a serious felony, as defined in subdivision (c) of Section 1192.7, or a violent felony, as defined in subdivision (c) of Section 667.5, the court shall make a finding of unusual circumstances and shall set forth those facts on the record. For purposes of this subdivision, unusual circumstances does not include the fact that the defendant has made all prior court appearances or has not committed any new offenses.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 1275 of the Penal Code is amended to read:1275. (a) (1) In setting, reducing, or denying bail, a judge or magistrate shall take into consideration 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 at a hearing of the case. The public safety shall be the primary consideration. In setting bail, a judge or magistrate may consider factors such as the information included in a report prepared in accordance with Section 1318.1.(2) In considering the seriousness of the offense charged, a judge or magistrate shall include consideration of the alleged injury to the victim, and alleged threats to the victim or a witness to the crime charged, the alleged use of a firearm or other deadly weapon in the commission of the crime charged, and the alleged use or possession of controlled substances by the defendant.(3) For purposes of a defendant charged with domestic violence, as defined in Section 13700 of this code or in Section 6211 of the Family Code, a judge or magistrate shall, in setting, reducing, or denying bail, take into consideration whether the victim was allegedly strangled or suffocated, as defined in Section 273.5, by the defendant.(b) In considering offenses wherein a violation of Chapter 6 (commencing with Section 11350) of Division 10 of the Health and Safety Code is alleged, a judge or magistrate shall consider the following: (1) the alleged amounts of controlled substances involved in the commission of the offense, and (2) whether the defendant is currently released on bail for an alleged violation of Chapter 6 (commencing with Section 11350) of Division 10 of the Health and Safety Code.(c) Before a court reduces bail to below the amount established by the bail schedule approved for the county, in accordance with subdivisions (b) and (c) of Section 1269b, for a person charged with a serious felony, as defined in subdivision (c) of Section 1192.7, or a violent felony, as defined in subdivision (c) of Section 667.5, the court shall make a finding of unusual circumstances and shall set forth those facts on the record. For purposes of this subdivision, unusual circumstances does not include the fact that the defendant has made all prior court appearances or has not committed any new offenses.
SECTION 1. Section 1275 of the Penal Code is amended to read:
### SECTION 1.
1275. (a) (1) In setting, reducing, or denying bail, a judge or magistrate shall take into consideration 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 at a hearing of the case. The public safety shall be the primary consideration. In setting bail, a judge or magistrate may consider factors such as the information included in a report prepared in accordance with Section 1318.1.(2) In considering the seriousness of the offense charged, a judge or magistrate shall include consideration of the alleged injury to the victim, and alleged threats to the victim or a witness to the crime charged, the alleged use of a firearm or other deadly weapon in the commission of the crime charged, and the alleged use or possession of controlled substances by the defendant.(3) For purposes of a defendant charged with domestic violence, as defined in Section 13700 of this code or in Section 6211 of the Family Code, a judge or magistrate shall, in setting, reducing, or denying bail, take into consideration whether the victim was allegedly strangled or suffocated, as defined in Section 273.5, by the defendant.(b) In considering offenses wherein a violation of Chapter 6 (commencing with Section 11350) of Division 10 of the Health and Safety Code is alleged, a judge or magistrate shall consider the following: (1) the alleged amounts of controlled substances involved in the commission of the offense, and (2) whether the defendant is currently released on bail for an alleged violation of Chapter 6 (commencing with Section 11350) of Division 10 of the Health and Safety Code.(c) Before a court reduces bail to below the amount established by the bail schedule approved for the county, in accordance with subdivisions (b) and (c) of Section 1269b, for a person charged with a serious felony, as defined in subdivision (c) of Section 1192.7, or a violent felony, as defined in subdivision (c) of Section 667.5, the court shall make a finding of unusual circumstances and shall set forth those facts on the record. For purposes of this subdivision, unusual circumstances does not include the fact that the defendant has made all prior court appearances or has not committed any new offenses.
1275. (a) (1) In setting, reducing, or denying bail, a judge or magistrate shall take into consideration 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 at a hearing of the case. The public safety shall be the primary consideration. In setting bail, a judge or magistrate may consider factors such as the information included in a report prepared in accordance with Section 1318.1.(2) In considering the seriousness of the offense charged, a judge or magistrate shall include consideration of the alleged injury to the victim, and alleged threats to the victim or a witness to the crime charged, the alleged use of a firearm or other deadly weapon in the commission of the crime charged, and the alleged use or possession of controlled substances by the defendant.(3) For purposes of a defendant charged with domestic violence, as defined in Section 13700 of this code or in Section 6211 of the Family Code, a judge or magistrate shall, in setting, reducing, or denying bail, take into consideration whether the victim was allegedly strangled or suffocated, as defined in Section 273.5, by the defendant.(b) In considering offenses wherein a violation of Chapter 6 (commencing with Section 11350) of Division 10 of the Health and Safety Code is alleged, a judge or magistrate shall consider the following: (1) the alleged amounts of controlled substances involved in the commission of the offense, and (2) whether the defendant is currently released on bail for an alleged violation of Chapter 6 (commencing with Section 11350) of Division 10 of the Health and Safety Code.(c) Before a court reduces bail to below the amount established by the bail schedule approved for the county, in accordance with subdivisions (b) and (c) of Section 1269b, for a person charged with a serious felony, as defined in subdivision (c) of Section 1192.7, or a violent felony, as defined in subdivision (c) of Section 667.5, the court shall make a finding of unusual circumstances and shall set forth those facts on the record. For purposes of this subdivision, unusual circumstances does not include the fact that the defendant has made all prior court appearances or has not committed any new offenses.
1275. (a) (1) In setting, reducing, or denying bail, a judge or magistrate shall take into consideration 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 at a hearing of the case. The public safety shall be the primary consideration. In setting bail, a judge or magistrate may consider factors such as the information included in a report prepared in accordance with Section 1318.1.(2) In considering the seriousness of the offense charged, a judge or magistrate shall include consideration of the alleged injury to the victim, and alleged threats to the victim or a witness to the crime charged, the alleged use of a firearm or other deadly weapon in the commission of the crime charged, and the alleged use or possession of controlled substances by the defendant.(3) For purposes of a defendant charged with domestic violence, as defined in Section 13700 of this code or in Section 6211 of the Family Code, a judge or magistrate shall, in setting, reducing, or denying bail, take into consideration whether the victim was allegedly strangled or suffocated, as defined in Section 273.5, by the defendant.(b) In considering offenses wherein a violation of Chapter 6 (commencing with Section 11350) of Division 10 of the Health and Safety Code is alleged, a judge or magistrate shall consider the following: (1) the alleged amounts of controlled substances involved in the commission of the offense, and (2) whether the defendant is currently released on bail for an alleged violation of Chapter 6 (commencing with Section 11350) of Division 10 of the Health and Safety Code.(c) Before a court reduces bail to below the amount established by the bail schedule approved for the county, in accordance with subdivisions (b) and (c) of Section 1269b, for a person charged with a serious felony, as defined in subdivision (c) of Section 1192.7, or a violent felony, as defined in subdivision (c) of Section 667.5, the court shall make a finding of unusual circumstances and shall set forth those facts on the record. For purposes of this subdivision, unusual circumstances does not include the fact that the defendant has made all prior court appearances or has not committed any new offenses.
1275. (a) (1) In setting, reducing, or denying bail, a judge or magistrate shall take into consideration 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 at a hearing of the case. The public safety shall be the primary consideration. In setting bail, a judge or magistrate may consider factors such as the information included in a report prepared in accordance with Section 1318.1.
(2) In considering the seriousness of the offense charged, a judge or magistrate shall include consideration of the alleged injury to the victim, and alleged threats to the victim or a witness to the crime charged, the alleged use of a firearm or other deadly weapon in the commission of the crime charged, and the alleged use or possession of controlled substances by the defendant.
(3) For purposes of a defendant charged with domestic violence, as defined in Section 13700 of this code or in Section 6211 of the Family Code, a judge or magistrate shall, in setting, reducing, or denying bail, take into consideration whether the victim was allegedly strangled or suffocated, as defined in Section 273.5, by the defendant.
(b) In considering offenses wherein a violation of Chapter 6 (commencing with Section 11350) of Division 10 of the Health and Safety Code is alleged, a judge or magistrate shall consider the following: (1) the alleged amounts of controlled substances involved in the commission of the offense, and (2) whether the defendant is currently released on bail for an alleged violation of Chapter 6 (commencing with Section 11350) of Division 10 of the Health and Safety Code.
(c) Before a court reduces bail to below the amount established by the bail schedule approved for the county, in accordance with subdivisions (b) and (c) of Section 1269b, for a person charged with a serious felony, as defined in subdivision (c) of Section 1192.7, or a violent felony, as defined in subdivision (c) of Section 667.5, the court shall make a finding of unusual circumstances and shall set forth those facts on the record. For purposes of this subdivision, unusual circumstances does not include the fact that the defendant has made all prior court appearances or has not committed any new offenses.