CA
California Assembly Bill AB789

California 2017-2018 Regular Session

California Assembly Bill AB789 Compare Versions

OldNewDifferences
1-Assembly Bill No. 789 CHAPTER 554 An act to amend Section 1319.5 of the Penal Code, relating to criminal law. [ Approved by Governor October 07, 2017. Filed with Secretary of State October 07, 2017. ] LEGISLATIVE COUNSEL'S DIGESTAB 789, Rubio. Criminal procedure: release on own recognizance.Existing law prohibits the release of any person on his or her own recognizance who is arrested for a new offense and who is currently on felony probation or felony parole or who has failed to appear in court as ordered, resulting in a warrant being issued, 3 or more times over the 3 years preceding the current arrest, and who is arrested for any felony offense or other specified crimes, including theft, until a hearing is held in open court before the magistrate or judge. This bill would further apply this prohibition to any offense involving domestic violence or any offense in which the defendant caused great bodily injury to another person, and would remove the prohibition as it pertains to an offense of theft. For all other new felony offenses, the bill would prohibit the release of a person on his or her own recognizance without a hearing in open court if the person has failed to appear in court 3 or more times over the 3 preceding years, unless the person is released under a court-operated pretrial release program or a pretrial release program with approval by the court.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 1319.5 of the Penal Code is amended to read:1319.5. (a) A person described in subdivision (b) who is arrested for a new offense shall not be released on his or her own recognizance until a hearing is held in open court before the magistrate or judge.(b) Subdivision (a) shall apply to the following:(1) Any person who is currently on felony probation or felony parole.(2) Any person who has failed to appear in court as ordered, resulting in a warrant being issued, three or more times over the three years preceding the current arrest, except for infractions arising from violations of the Vehicle Code, and who is arrested for any of the following offenses: (A) Any violation of the California Street Terrorism Enforcement and Prevention Act (Chapter 11 (commencing with Section 186.20) of Title 7 of Part 1).(B) Any violation of Chapter 9 (commencing with Section 240) of Title 8 of Part 1 (assault and battery). (C) A violation of Section 459 (residential burglary).(D) Any offense in which the defendant is alleged to have been armed with or to have personally used a firearm.(E) Any offense involving domestic violence.(F) Any offense in which the defendant is alleged to have caused great bodily injury to another person.(G) Any other felony offense not described in subparagraphs (A) through (F), inclusive, unless the person is released pursuant to a court-operated pretrial release program or a pretrial release program with approval by the court, in which case subdivision (a) shall not apply.(c) This section does not change the requirement under Section 1270.1 to hold a hearing in open court before the magistrate or judge in cases in which the person has been arrested for an offense specified in that section.(d) This section does not alter or diminish the rights conferred under Section 28 of Article I of the California Constitution (Marsys Law).
1+Enrolled September 13, 2017 Passed IN Senate August 31, 2017 Passed IN Assembly September 11, 2017 Amended IN Senate July 17, 2017 Amended IN Senate June 13, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 789Introduced by Assembly Member RubioFebruary 15, 2017 An act to amend Section 1319.5 of the Penal Code, relating to criminal law. LEGISLATIVE COUNSEL'S DIGESTAB 789, Rubio. Criminal procedure: release on own recognizance.Existing law prohibits the release of any person on his or her own recognizance who is arrested for a new offense and who is currently on felony probation or felony parole or who has failed to appear in court as ordered, resulting in a warrant being issued, 3 or more times over the 3 years preceding the current arrest, and who is arrested for any felony offense or other specified crimes, including theft, until a hearing is held in open court before the magistrate or judge. This bill would further apply this prohibition to any offense involving domestic violence or any offense in which the defendant caused great bodily injury to another person, and would remove the prohibition as it pertains to an offense of theft. For all other new felony offenses, the bill would prohibit the release of a person on his or her own recognizance without a hearing in open court if the person has failed to appear in court 3 or more times over the 3 preceding years, unless the person is released under a court-operated pretrial release program or a pretrial release program with approval by the court.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 1319.5 of the Penal Code is amended to read:1319.5. (a) A person described in subdivision (b) who is arrested for a new offense shall not be released on his or her own recognizance until a hearing is held in open court before the magistrate or judge.(b) Subdivision (a) shall apply to the following:(1) Any person who is currently on felony probation or felony parole.(2) Any person who has failed to appear in court as ordered, resulting in a warrant being issued, three or more times over the three years preceding the current arrest, except for infractions arising from violations of the Vehicle Code, and who is arrested for any of the following offenses: (A) Any violation of the California Street Terrorism Enforcement and Prevention Act (Chapter 11 (commencing with Section 186.20) of Title 7 of Part 1).(B) Any violation of Chapter 9 (commencing with Section 240) of Title 8 of Part 1 (assault and battery). (C) A violation of Section 459 (residential burglary).(D) Any offense in which the defendant is alleged to have been armed with or to have personally used a firearm.(E) Any offense involving domestic violence.(F) Any offense in which the defendant is alleged to have caused great bodily injury to another person.(G) Any other felony offense not described in subparagraphs (A) through (F), inclusive, unless the person is released pursuant to a court-operated pretrial release program or a pretrial release program with approval by the court, in which case subdivision (a) shall not apply.(c) This section does not change the requirement under Section 1270.1 to hold a hearing in open court before the magistrate or judge in cases in which the person has been arrested for an offense specified in that section.(d) This section does not alter or diminish the rights conferred under Section 28 of Article I of the California Constitution (Marsys Law).
22
3- Assembly Bill No. 789 CHAPTER 554 An act to amend Section 1319.5 of the Penal Code, relating to criminal law. [ Approved by Governor October 07, 2017. Filed with Secretary of State October 07, 2017. ] LEGISLATIVE COUNSEL'S DIGESTAB 789, Rubio. Criminal procedure: release on own recognizance.Existing law prohibits the release of any person on his or her own recognizance who is arrested for a new offense and who is currently on felony probation or felony parole or who has failed to appear in court as ordered, resulting in a warrant being issued, 3 or more times over the 3 years preceding the current arrest, and who is arrested for any felony offense or other specified crimes, including theft, until a hearing is held in open court before the magistrate or judge. This bill would further apply this prohibition to any offense involving domestic violence or any offense in which the defendant caused great bodily injury to another person, and would remove the prohibition as it pertains to an offense of theft. For all other new felony offenses, the bill would prohibit the release of a person on his or her own recognizance without a hearing in open court if the person has failed to appear in court 3 or more times over the 3 preceding years, unless the person is released under a court-operated pretrial release program or a pretrial release program with approval by the court.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
3+ Enrolled September 13, 2017 Passed IN Senate August 31, 2017 Passed IN Assembly September 11, 2017 Amended IN Senate July 17, 2017 Amended IN Senate June 13, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 789Introduced by Assembly Member RubioFebruary 15, 2017 An act to amend Section 1319.5 of the Penal Code, relating to criminal law. LEGISLATIVE COUNSEL'S DIGESTAB 789, Rubio. Criminal procedure: release on own recognizance.Existing law prohibits the release of any person on his or her own recognizance who is arrested for a new offense and who is currently on felony probation or felony parole or who has failed to appear in court as ordered, resulting in a warrant being issued, 3 or more times over the 3 years preceding the current arrest, and who is arrested for any felony offense or other specified crimes, including theft, until a hearing is held in open court before the magistrate or judge. This bill would further apply this prohibition to any offense involving domestic violence or any offense in which the defendant caused great bodily injury to another person, and would remove the prohibition as it pertains to an offense of theft. For all other new felony offenses, the bill would prohibit the release of a person on his or her own recognizance without a hearing in open court if the person has failed to appear in court 3 or more times over the 3 preceding years, unless the person is released under a court-operated pretrial release program or a pretrial release program with approval by the court.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
4+
5+ Enrolled September 13, 2017 Passed IN Senate August 31, 2017 Passed IN Assembly September 11, 2017 Amended IN Senate July 17, 2017 Amended IN Senate June 13, 2017
6+
7+Enrolled September 13, 2017
8+Passed IN Senate August 31, 2017
9+Passed IN Assembly September 11, 2017
10+Amended IN Senate July 17, 2017
11+Amended IN Senate June 13, 2017
12+
13+ CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
414
515 Assembly Bill No. 789
6-CHAPTER 554
16+
17+Introduced by Assembly Member RubioFebruary 15, 2017
18+
19+Introduced by Assembly Member Rubio
20+February 15, 2017
721
822 An act to amend Section 1319.5 of the Penal Code, relating to criminal law.
9-
10- [ Approved by Governor October 07, 2017. Filed with Secretary of State October 07, 2017. ]
1123
1224 LEGISLATIVE COUNSEL'S DIGEST
1325
1426 ## LEGISLATIVE COUNSEL'S DIGEST
1527
1628 AB 789, Rubio. Criminal procedure: release on own recognizance.
1729
1830 Existing law prohibits the release of any person on his or her own recognizance who is arrested for a new offense and who is currently on felony probation or felony parole or who has failed to appear in court as ordered, resulting in a warrant being issued, 3 or more times over the 3 years preceding the current arrest, and who is arrested for any felony offense or other specified crimes, including theft, until a hearing is held in open court before the magistrate or judge. This bill would further apply this prohibition to any offense involving domestic violence or any offense in which the defendant caused great bodily injury to another person, and would remove the prohibition as it pertains to an offense of theft. For all other new felony offenses, the bill would prohibit the release of a person on his or her own recognizance without a hearing in open court if the person has failed to appear in court 3 or more times over the 3 preceding years, unless the person is released under a court-operated pretrial release program or a pretrial release program with approval by the court.
1931
2032 Existing law prohibits the release of any person on his or her own recognizance who is arrested for a new offense and who is currently on felony probation or felony parole or who has failed to appear in court as ordered, resulting in a warrant being issued, 3 or more times over the 3 years preceding the current arrest, and who is arrested for any felony offense or other specified crimes, including theft, until a hearing is held in open court before the magistrate or judge.
2133
2234 This bill would further apply this prohibition to any offense involving domestic violence or any offense in which the defendant caused great bodily injury to another person, and would remove the prohibition as it pertains to an offense of theft. For all other new felony offenses, the bill would prohibit the release of a person on his or her own recognizance without a hearing in open court if the person has failed to appear in court 3 or more times over the 3 preceding years, unless the person is released under a court-operated pretrial release program or a pretrial release program with approval by the court.
2335
2436 ## Digest Key
2537
2638 ## Bill Text
2739
2840 The people of the State of California do enact as follows:SECTION 1. Section 1319.5 of the Penal Code is amended to read:1319.5. (a) A person described in subdivision (b) who is arrested for a new offense shall not be released on his or her own recognizance until a hearing is held in open court before the magistrate or judge.(b) Subdivision (a) shall apply to the following:(1) Any person who is currently on felony probation or felony parole.(2) Any person who has failed to appear in court as ordered, resulting in a warrant being issued, three or more times over the three years preceding the current arrest, except for infractions arising from violations of the Vehicle Code, and who is arrested for any of the following offenses: (A) Any violation of the California Street Terrorism Enforcement and Prevention Act (Chapter 11 (commencing with Section 186.20) of Title 7 of Part 1).(B) Any violation of Chapter 9 (commencing with Section 240) of Title 8 of Part 1 (assault and battery). (C) A violation of Section 459 (residential burglary).(D) Any offense in which the defendant is alleged to have been armed with or to have personally used a firearm.(E) Any offense involving domestic violence.(F) Any offense in which the defendant is alleged to have caused great bodily injury to another person.(G) Any other felony offense not described in subparagraphs (A) through (F), inclusive, unless the person is released pursuant to a court-operated pretrial release program or a pretrial release program with approval by the court, in which case subdivision (a) shall not apply.(c) This section does not change the requirement under Section 1270.1 to hold a hearing in open court before the magistrate or judge in cases in which the person has been arrested for an offense specified in that section.(d) This section does not alter or diminish the rights conferred under Section 28 of Article I of the California Constitution (Marsys Law).
2941
3042 The people of the State of California do enact as follows:
3143
3244 ## The people of the State of California do enact as follows:
3345
3446 SECTION 1. Section 1319.5 of the Penal Code is amended to read:1319.5. (a) A person described in subdivision (b) who is arrested for a new offense shall not be released on his or her own recognizance until a hearing is held in open court before the magistrate or judge.(b) Subdivision (a) shall apply to the following:(1) Any person who is currently on felony probation or felony parole.(2) Any person who has failed to appear in court as ordered, resulting in a warrant being issued, three or more times over the three years preceding the current arrest, except for infractions arising from violations of the Vehicle Code, and who is arrested for any of the following offenses: (A) Any violation of the California Street Terrorism Enforcement and Prevention Act (Chapter 11 (commencing with Section 186.20) of Title 7 of Part 1).(B) Any violation of Chapter 9 (commencing with Section 240) of Title 8 of Part 1 (assault and battery). (C) A violation of Section 459 (residential burglary).(D) Any offense in which the defendant is alleged to have been armed with or to have personally used a firearm.(E) Any offense involving domestic violence.(F) Any offense in which the defendant is alleged to have caused great bodily injury to another person.(G) Any other felony offense not described in subparagraphs (A) through (F), inclusive, unless the person is released pursuant to a court-operated pretrial release program or a pretrial release program with approval by the court, in which case subdivision (a) shall not apply.(c) This section does not change the requirement under Section 1270.1 to hold a hearing in open court before the magistrate or judge in cases in which the person has been arrested for an offense specified in that section.(d) This section does not alter or diminish the rights conferred under Section 28 of Article I of the California Constitution (Marsys Law).
3547
3648 SECTION 1. Section 1319.5 of the Penal Code is amended to read:
3749
3850 ### SECTION 1.
3951
4052 1319.5. (a) A person described in subdivision (b) who is arrested for a new offense shall not be released on his or her own recognizance until a hearing is held in open court before the magistrate or judge.(b) Subdivision (a) shall apply to the following:(1) Any person who is currently on felony probation or felony parole.(2) Any person who has failed to appear in court as ordered, resulting in a warrant being issued, three or more times over the three years preceding the current arrest, except for infractions arising from violations of the Vehicle Code, and who is arrested for any of the following offenses: (A) Any violation of the California Street Terrorism Enforcement and Prevention Act (Chapter 11 (commencing with Section 186.20) of Title 7 of Part 1).(B) Any violation of Chapter 9 (commencing with Section 240) of Title 8 of Part 1 (assault and battery). (C) A violation of Section 459 (residential burglary).(D) Any offense in which the defendant is alleged to have been armed with or to have personally used a firearm.(E) Any offense involving domestic violence.(F) Any offense in which the defendant is alleged to have caused great bodily injury to another person.(G) Any other felony offense not described in subparagraphs (A) through (F), inclusive, unless the person is released pursuant to a court-operated pretrial release program or a pretrial release program with approval by the court, in which case subdivision (a) shall not apply.(c) This section does not change the requirement under Section 1270.1 to hold a hearing in open court before the magistrate or judge in cases in which the person has been arrested for an offense specified in that section.(d) This section does not alter or diminish the rights conferred under Section 28 of Article I of the California Constitution (Marsys Law).
4153
4254 1319.5. (a) A person described in subdivision (b) who is arrested for a new offense shall not be released on his or her own recognizance until a hearing is held in open court before the magistrate or judge.(b) Subdivision (a) shall apply to the following:(1) Any person who is currently on felony probation or felony parole.(2) Any person who has failed to appear in court as ordered, resulting in a warrant being issued, three or more times over the three years preceding the current arrest, except for infractions arising from violations of the Vehicle Code, and who is arrested for any of the following offenses: (A) Any violation of the California Street Terrorism Enforcement and Prevention Act (Chapter 11 (commencing with Section 186.20) of Title 7 of Part 1).(B) Any violation of Chapter 9 (commencing with Section 240) of Title 8 of Part 1 (assault and battery). (C) A violation of Section 459 (residential burglary).(D) Any offense in which the defendant is alleged to have been armed with or to have personally used a firearm.(E) Any offense involving domestic violence.(F) Any offense in which the defendant is alleged to have caused great bodily injury to another person.(G) Any other felony offense not described in subparagraphs (A) through (F), inclusive, unless the person is released pursuant to a court-operated pretrial release program or a pretrial release program with approval by the court, in which case subdivision (a) shall not apply.(c) This section does not change the requirement under Section 1270.1 to hold a hearing in open court before the magistrate or judge in cases in which the person has been arrested for an offense specified in that section.(d) This section does not alter or diminish the rights conferred under Section 28 of Article I of the California Constitution (Marsys Law).
4355
4456 1319.5. (a) A person described in subdivision (b) who is arrested for a new offense shall not be released on his or her own recognizance until a hearing is held in open court before the magistrate or judge.(b) Subdivision (a) shall apply to the following:(1) Any person who is currently on felony probation or felony parole.(2) Any person who has failed to appear in court as ordered, resulting in a warrant being issued, three or more times over the three years preceding the current arrest, except for infractions arising from violations of the Vehicle Code, and who is arrested for any of the following offenses: (A) Any violation of the California Street Terrorism Enforcement and Prevention Act (Chapter 11 (commencing with Section 186.20) of Title 7 of Part 1).(B) Any violation of Chapter 9 (commencing with Section 240) of Title 8 of Part 1 (assault and battery). (C) A violation of Section 459 (residential burglary).(D) Any offense in which the defendant is alleged to have been armed with or to have personally used a firearm.(E) Any offense involving domestic violence.(F) Any offense in which the defendant is alleged to have caused great bodily injury to another person.(G) Any other felony offense not described in subparagraphs (A) through (F), inclusive, unless the person is released pursuant to a court-operated pretrial release program or a pretrial release program with approval by the court, in which case subdivision (a) shall not apply.(c) This section does not change the requirement under Section 1270.1 to hold a hearing in open court before the magistrate or judge in cases in which the person has been arrested for an offense specified in that section.(d) This section does not alter or diminish the rights conferred under Section 28 of Article I of the California Constitution (Marsys Law).
4557
4658
4759
4860 1319.5. (a) A person described in subdivision (b) who is arrested for a new offense shall not be released on his or her own recognizance until a hearing is held in open court before the magistrate or judge.
4961
5062 (b) Subdivision (a) shall apply to the following:
5163
5264 (1) Any person who is currently on felony probation or felony parole.
5365
5466 (2) Any person who has failed to appear in court as ordered, resulting in a warrant being issued, three or more times over the three years preceding the current arrest, except for infractions arising from violations of the Vehicle Code, and who is arrested for any of the following offenses:
5567
5668 (A) Any violation of the California Street Terrorism Enforcement and Prevention Act (Chapter 11 (commencing with Section 186.20) of Title 7 of Part 1).
5769
5870 (B) Any violation of Chapter 9 (commencing with Section 240) of Title 8 of Part 1 (assault and battery).
5971
6072 (C) A violation of Section 459 (residential burglary).
6173
6274 (D) Any offense in which the defendant is alleged to have been armed with or to have personally used a firearm.
6375
6476 (E) Any offense involving domestic violence.
6577
6678 (F) Any offense in which the defendant is alleged to have caused great bodily injury to another person.
6779
6880 (G) Any other felony offense not described in subparagraphs (A) through (F), inclusive, unless the person is released pursuant to a court-operated pretrial release program or a pretrial release program with approval by the court, in which case subdivision (a) shall not apply.
6981
7082 (c) This section does not change the requirement under Section 1270.1 to hold a hearing in open court before the magistrate or judge in cases in which the person has been arrested for an offense specified in that section.
7183
7284 (d) This section does not alter or diminish the rights conferred under Section 28 of Article I of the California Constitution (Marsys Law).