| 1 | 1 | | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 927Introduced by Senator AndersonJanuary 24, 2018 An act to amend Section 1269 of the Penal Code, relating to bail. LEGISLATIVE COUNSEL'S DIGESTSB 927, as introduced, Anderson. Bail.Existing law provides for the procedure of approving and accepting bail, and issuing an order for the appearance and release of an arrested person. Existing law requires that bail be set in a fixed amount, as specified, and requires, in setting, reducing, or denying bail, a judge or magistrate 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. Under existing law, the magistrate or commissioner to whom the application is made is authorized to set bail in an amount that he or she deems sufficient to ensure the defendants appearance or to ensure the protection of a victim, or family member of a victim, of domestic violence, and to set bail on the terms and conditions that he or she, in his or her discretion, deems appropriate, or he or she may authorize the defendants release on his or her own recognizance.This bill would make technical, nonsubstantive changes to a related provision.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 1269 of the Penal Code is amended to read:1269. (a) The taking of bail consists in of the acceptance, by a competent court or magistrate, of the undertaking of sufficient bail for the appearance of the a defendant, according to the terms of the undertaking, or that the bail will pay to the people of this state a specified sum. Upon filing, the clerk shall enter in the register of actions the date and amounts of such that bond and the name or names of the surety or sureties thereon. of that bond. In the event of the loss or destruction of such that bond, such the entries so made shall be prima facie evidence of the due execution of such the bond as required by law. Whenever(b) Whenever any bail bond has been deposited in any criminal action or proceeding in a municipal or superior court or in any proceeding in habeas corpus in a superior court, and it is made to appear to the satisfaction of the court by affidavit or by testimony in open court that more than three years have elapsed since the exoneration or release of said bail, the court must direct that such the bond be destroyed. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 927Introduced by Senator AndersonJanuary 24, 2018 An act to amend Section 1269 of the Penal Code, relating to bail. LEGISLATIVE COUNSEL'S DIGESTSB 927, as introduced, Anderson. Bail.Existing law provides for the procedure of approving and accepting bail, and issuing an order for the appearance and release of an arrested person. Existing law requires that bail be set in a fixed amount, as specified, and requires, in setting, reducing, or denying bail, a judge or magistrate 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. Under existing law, the magistrate or commissioner to whom the application is made is authorized to set bail in an amount that he or she deems sufficient to ensure the defendants appearance or to ensure the protection of a victim, or family member of a victim, of domestic violence, and to set bail on the terms and conditions that he or she, in his or her discretion, deems appropriate, or he or she may authorize the defendants release on his or her own recognizance.This bill would make technical, nonsubstantive changes to a related provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION |
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| 11 | 11 | | Senate Bill No. 927 |
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| 13 | 13 | | Introduced by Senator AndersonJanuary 24, 2018 |
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| 15 | 15 | | Introduced by Senator Anderson |
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| 16 | 16 | | January 24, 2018 |
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| 18 | 18 | | An act to amend Section 1269 of the Penal Code, relating to bail. |
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| 19 | 19 | | |
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| 20 | 20 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 22 | 22 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 24 | 24 | | SB 927, as introduced, Anderson. Bail. |
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| 26 | 26 | | Existing law provides for the procedure of approving and accepting bail, and issuing an order for the appearance and release of an arrested person. Existing law requires that bail be set in a fixed amount, as specified, and requires, in setting, reducing, or denying bail, a judge or magistrate 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. Under existing law, the magistrate or commissioner to whom the application is made is authorized to set bail in an amount that he or she deems sufficient to ensure the defendants appearance or to ensure the protection of a victim, or family member of a victim, of domestic violence, and to set bail on the terms and conditions that he or she, in his or her discretion, deems appropriate, or he or she may authorize the defendants release on his or her own recognizance.This bill would make technical, nonsubstantive changes to a related provision. |
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| 28 | 28 | | Existing law provides for the procedure of approving and accepting bail, and issuing an order for the appearance and release of an arrested person. Existing law requires that bail be set in a fixed amount, as specified, and requires, in setting, reducing, or denying bail, a judge or magistrate 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. Under existing law, the magistrate or commissioner to whom the application is made is authorized to set bail in an amount that he or she deems sufficient to ensure the defendants appearance or to ensure the protection of a victim, or family member of a victim, of domestic violence, and to set bail on the terms and conditions that he or she, in his or her discretion, deems appropriate, or he or she may authorize the defendants release on his or her own recognizance. |
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| 30 | 30 | | This bill would make technical, nonsubstantive changes to a related provision. |
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| 31 | 31 | | |
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| 32 | 32 | | ## Digest Key |
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| 34 | 34 | | ## Bill Text |
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| 36 | 36 | | The people of the State of California do enact as follows:SECTION 1. Section 1269 of the Penal Code is amended to read:1269. (a) The taking of bail consists in of the acceptance, by a competent court or magistrate, of the undertaking of sufficient bail for the appearance of the a defendant, according to the terms of the undertaking, or that the bail will pay to the people of this state a specified sum. Upon filing, the clerk shall enter in the register of actions the date and amounts of such that bond and the name or names of the surety or sureties thereon. of that bond. In the event of the loss or destruction of such that bond, such the entries so made shall be prima facie evidence of the due execution of such the bond as required by law. Whenever(b) Whenever any bail bond has been deposited in any criminal action or proceeding in a municipal or superior court or in any proceeding in habeas corpus in a superior court, and it is made to appear to the satisfaction of the court by affidavit or by testimony in open court that more than three years have elapsed since the exoneration or release of said bail, the court must direct that such the bond be destroyed. |
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| 38 | 38 | | The people of the State of California do enact as follows: |
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| 40 | 40 | | ## The people of the State of California do enact as follows: |
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| 42 | 42 | | SECTION 1. Section 1269 of the Penal Code is amended to read:1269. (a) The taking of bail consists in of the acceptance, by a competent court or magistrate, of the undertaking of sufficient bail for the appearance of the a defendant, according to the terms of the undertaking, or that the bail will pay to the people of this state a specified sum. Upon filing, the clerk shall enter in the register of actions the date and amounts of such that bond and the name or names of the surety or sureties thereon. of that bond. In the event of the loss or destruction of such that bond, such the entries so made shall be prima facie evidence of the due execution of such the bond as required by law. Whenever(b) Whenever any bail bond has been deposited in any criminal action or proceeding in a municipal or superior court or in any proceeding in habeas corpus in a superior court, and it is made to appear to the satisfaction of the court by affidavit or by testimony in open court that more than three years have elapsed since the exoneration or release of said bail, the court must direct that such the bond be destroyed. |
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| 44 | 44 | | SECTION 1. Section 1269 of the Penal Code is amended to read: |
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| 46 | 46 | | ### SECTION 1. |
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| 48 | 48 | | 1269. (a) The taking of bail consists in of the acceptance, by a competent court or magistrate, of the undertaking of sufficient bail for the appearance of the a defendant, according to the terms of the undertaking, or that the bail will pay to the people of this state a specified sum. Upon filing, the clerk shall enter in the register of actions the date and amounts of such that bond and the name or names of the surety or sureties thereon. of that bond. In the event of the loss or destruction of such that bond, such the entries so made shall be prima facie evidence of the due execution of such the bond as required by law. Whenever(b) Whenever any bail bond has been deposited in any criminal action or proceeding in a municipal or superior court or in any proceeding in habeas corpus in a superior court, and it is made to appear to the satisfaction of the court by affidavit or by testimony in open court that more than three years have elapsed since the exoneration or release of said bail, the court must direct that such the bond be destroyed. |
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| 50 | 50 | | 1269. (a) The taking of bail consists in of the acceptance, by a competent court or magistrate, of the undertaking of sufficient bail for the appearance of the a defendant, according to the terms of the undertaking, or that the bail will pay to the people of this state a specified sum. Upon filing, the clerk shall enter in the register of actions the date and amounts of such that bond and the name or names of the surety or sureties thereon. of that bond. In the event of the loss or destruction of such that bond, such the entries so made shall be prima facie evidence of the due execution of such the bond as required by law. Whenever(b) Whenever any bail bond has been deposited in any criminal action or proceeding in a municipal or superior court or in any proceeding in habeas corpus in a superior court, and it is made to appear to the satisfaction of the court by affidavit or by testimony in open court that more than three years have elapsed since the exoneration or release of said bail, the court must direct that such the bond be destroyed. |
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| 52 | 52 | | 1269. (a) The taking of bail consists in of the acceptance, by a competent court or magistrate, of the undertaking of sufficient bail for the appearance of the a defendant, according to the terms of the undertaking, or that the bail will pay to the people of this state a specified sum. Upon filing, the clerk shall enter in the register of actions the date and amounts of such that bond and the name or names of the surety or sureties thereon. of that bond. In the event of the loss or destruction of such that bond, such the entries so made shall be prima facie evidence of the due execution of such the bond as required by law. Whenever(b) Whenever any bail bond has been deposited in any criminal action or proceeding in a municipal or superior court or in any proceeding in habeas corpus in a superior court, and it is made to appear to the satisfaction of the court by affidavit or by testimony in open court that more than three years have elapsed since the exoneration or release of said bail, the court must direct that such the bond be destroyed. |
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| 56 | 56 | | 1269. (a) The taking of bail consists in of the acceptance, by a competent court or magistrate, of the undertaking of sufficient bail for the appearance of the a defendant, according to the terms of the undertaking, or that the bail will pay to the people of this state a specified sum. Upon filing, the clerk shall enter in the register of actions the date and amounts of such that bond and the name or names of the surety or sureties thereon. of that bond. In the event of the loss or destruction of such that bond, such the entries so made shall be prima facie evidence of the due execution of such the bond as required by law. |
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| 58 | 58 | | Whenever |
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| 62 | 62 | | (b) Whenever any bail bond has been deposited in any criminal action or proceeding in a municipal or superior court or in any proceeding in habeas corpus in a superior court, and it is made to appear to the satisfaction of the court by affidavit or by testimony in open court that more than three years have elapsed since the exoneration or release of said bail, the court must direct that such the bond be destroyed. |
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