Amended IN Assembly March 30, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 791Introduced by Assembly Member RamosFebruary 13, 2023An act to amend Section 1272 of, and to repeal and add Section 1166 of, Sections 1166 and 1272 of the Penal Code, relating to bail. LEGISLATIVE COUNSEL'S DIGESTAB 791, as amended, Ramos. Postconviction bail.Existing law requires a defendant out on bail, if a verdict is rendered against them, to be committed to the custody of the county to await judgment of the court upon the verdict, unless the court concludes that various factors, including the protection of the public and the probability of the defendant failing to appear, support a decision to allow the defendant to remain out on bail. Existing law gives a defendant convicted of an offense who has made an application for probation or who has appealed a right to be admitted to bail in misdemeanor or infraction cases. Existing law authorizes the court to admit a defendant convicted of an offense not punishable with death to bail in all other cases.This bill would require the judicial officer to remand a person who is found guilty of any felony or any offense that requires registration as a sex offender unless the judicial officer finds by clear and convincing evidence that the person is not likely to flee and will not pose a danger to the safety of any other person or the community. The bill would require the judicial officer to remand a person convicted of specified felonies, including serious felonies, unless the judicial officer finds that there is a substantial likelihood that a motion for acquittal or new trial will be granted or the prosecuting attorney has recommended that no sentence of imprisonment be imposed on the person. The bill would prohibit a person convicted of an offense punishable by life without the possibility of parole from being released on bail. By requiring county jails to hold additional defendants, this bill would impose a state-mandated local program.This bill would require a judicial officer to remand a defendant who has been found guilty of an offense for which they face imprisonment for life and is awaiting imposition or execution of sentence unless, among other things, the judicial officer finds that there is a substantial likelihood that a motion for acquittal or new trial will be granted or the prosecuting attorney has recommended that no sentence of imprisonment be imposed on the person, as specified. The bill would prohibit a person convicted of an offense punishable by life without the possibility of parole or death from being released on bail. By requiring county jails to hold additional defendants, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1.Section 1166 of the Penal Code is repealed.SEC. 2.Section 1166 is added to the Penal Code, to read:1166.(a)(1)Except as provided in paragraph (2), the judicial officer shall order that a person who has been found guilty of a felony offense or any offense that requires registration pursuant to Section 290 and who is awaiting imposition or execution of sentence be remanded, unless the judicial officer finds by clear and convincing evidence that the person is not likely to flee and will not pose a danger to the safety of any other person or the community.(2)Except as provided in paragraph (3), the judicial officer shall order that a person who has been found guilty of an offense in a case involving an offense described in subdivision (e) of Section 667 or subdivision (c) of Section 1192.7 or any conviction for which the defendant faces an imprisonment of life, and is awaiting imposition or execution of sentence, be remanded unless either of the following apply:(A)The judicial officer finds there is a substantial likelihood that a motion for acquittal or new trial will be granted.(B)The prosecuting attorney has recommended that no sentence of imprisonment be imposed on the person.(3)The judicial officer shall order that a person who has been found guilty of an offense punishable by life in prison without the possibility of parole or death, and is awaiting imposition or execution of sentence, be remanded.(b)When remanded, the defendants bail is exonerated, or if money is deposited instead of bail, it shall be refunded to the defendant or to the person or persons found by the court to have deposited said money on behalf of said defendant.SECTION 1. Section 1166 of the Penal Code is amended to read:1166. If (a) Except as provided in subdivision (b), if a general verdict is rendered against the defendant, or a special verdict is given, he or she must they shall be remanded, if in custody, or if on bail he or she they shall be committed to the proper officer of the county to await the judgment of the court upon the verdict, unless, upon considering the protection of the public, the seriousness of the offense charged and proven, the previous criminal record of the defendant, the probability of the defendant failing to appear for the judgment of the court upon the verdict, and public safety, the court concludes the evidence supports its decision to allow the defendant to remain out on bail. When committed, his or her bail is exonerated, or if money is deposited instead of bail it must be refunded to the defendant or to the person or persons found by the court to have deposited said money on behalf of said defendant.(b) Except as provided in subdivision (c), the judicial officer shall order that a person who has been found guilty of an offense for which the defendant faces an imprisonment of life, and is awaiting imposition or execution of sentence, be remanded unless any of the following apply:(1) The judicial officer finds by clear and convincing evidence that the person is not likely to flee and does not pose a danger to the safety of another person or the community.(2) The judicial officer finds there is a substantial likelihood that a motion for acquittal or new trial will be granted.(3) The prosecuting attorney has recommended that no sentence of imprisonment be imposed on the person.(c) The judicial officer shall order that a person who has been found guilty of an offense punishable by life in prison without the possibility of parole or death, and is awaiting imposition or execution of sentence, be remanded.(d) When a defendant is committed or remanded pursuant to this section, their bail is exonerated, or if money is deposited instead of bail, it shall be refunded to the defendant or to the person who deposited money on behalf of the defendant.SEC. 3.SEC. 2. Section 1272 of the Penal Code is amended to read:1272. (a) After being found guilty of any offense, a defendant who has made application for probation or who has appealed may be admitted to bail as a matter of right in the following circumstances:(1) Before judgment is pronounced pending application for probation in cases of misdemeanors, when that offense does not require registration pursuant to Section 290. misdemeanors.(2) When appealing from a judgment imposing a fine only.(3) When appealing from a judgment imposing imprisonment in a misdemeanor case, when that offense does not require registration pursuant to Section 290. case.(b)A defendant shall be remanded and not admitted to bail for any felony offense or any offense requiring registration pursuant to Section 290, unless the judicial officer finds by clear and convincing evidence that the person is not likely to flee and will not pose a danger to the safety of any other person or the community. (c)(b) (1) A defendant who has been found guilty of an offense described in subdivision (e) of Section 667 or subdivision (c) of Section 1192.7 or any conviction for which the defendant faces an imprisonment of life, and is awaiting imposition or execution of sentence, shall be remanded and not admitted to bail unless either any of the following apply:(A) The judicial officer finds by clear and convincing evidence that the person is not likely to flee and does not pose a danger to the safety of another person or the community. (A)(B) The judicial officer finds there is a substantial likelihood that a motion for acquittal or new trial will be granted.(B)(C) The prosecuting attorney has recommended that no sentence of imprisonment be imposed on the person.(2) A person convicted of an offense subject to this subdivision, who makes a motion for release on bail subsequent to a sentencing hearing, shall provide notice of the hearing on the bail motion to the prosecuting attorney at least five court days prior to the hearing.(d)(c) Under no circumstances shall a person be admitted to bail for an offense punishable by life in prison without the possibility of parole or death.SEC. 4.SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
Amended IN Assembly March 30, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 791Introduced by Assembly Member RamosFebruary 13, 2023An act to amend Section 1272 of, and to repeal and add Section 1166 of, Sections 1166 and 1272 of the Penal Code, relating to bail. LEGISLATIVE COUNSEL'S DIGESTAB 791, as amended, Ramos. Postconviction bail.Existing law requires a defendant out on bail, if a verdict is rendered against them, to be committed to the custody of the county to await judgment of the court upon the verdict, unless the court concludes that various factors, including the protection of the public and the probability of the defendant failing to appear, support a decision to allow the defendant to remain out on bail. Existing law gives a defendant convicted of an offense who has made an application for probation or who has appealed a right to be admitted to bail in misdemeanor or infraction cases. Existing law authorizes the court to admit a defendant convicted of an offense not punishable with death to bail in all other cases.This bill would require the judicial officer to remand a person who is found guilty of any felony or any offense that requires registration as a sex offender unless the judicial officer finds by clear and convincing evidence that the person is not likely to flee and will not pose a danger to the safety of any other person or the community. The bill would require the judicial officer to remand a person convicted of specified felonies, including serious felonies, unless the judicial officer finds that there is a substantial likelihood that a motion for acquittal or new trial will be granted or the prosecuting attorney has recommended that no sentence of imprisonment be imposed on the person. The bill would prohibit a person convicted of an offense punishable by life without the possibility of parole from being released on bail. By requiring county jails to hold additional defendants, this bill would impose a state-mandated local program.This bill would require a judicial officer to remand a defendant who has been found guilty of an offense for which they face imprisonment for life and is awaiting imposition or execution of sentence unless, among other things, the judicial officer finds that there is a substantial likelihood that a motion for acquittal or new trial will be granted or the prosecuting attorney has recommended that no sentence of imprisonment be imposed on the person, as specified. The bill would prohibit a person convicted of an offense punishable by life without the possibility of parole or death from being released on bail. By requiring county jails to hold additional defendants, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
Amended IN Assembly March 30, 2023
Amended IN Assembly March 30, 2023
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 791
Introduced by Assembly Member RamosFebruary 13, 2023
Introduced by Assembly Member Ramos
February 13, 2023
An act to amend Section 1272 of, and to repeal and add Section 1166 of, Sections 1166 and 1272 of the Penal Code, relating to bail.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 791, as amended, Ramos. Postconviction bail.
Existing law requires a defendant out on bail, if a verdict is rendered against them, to be committed to the custody of the county to await judgment of the court upon the verdict, unless the court concludes that various factors, including the protection of the public and the probability of the defendant failing to appear, support a decision to allow the defendant to remain out on bail. Existing law gives a defendant convicted of an offense who has made an application for probation or who has appealed a right to be admitted to bail in misdemeanor or infraction cases. Existing law authorizes the court to admit a defendant convicted of an offense not punishable with death to bail in all other cases.This bill would require the judicial officer to remand a person who is found guilty of any felony or any offense that requires registration as a sex offender unless the judicial officer finds by clear and convincing evidence that the person is not likely to flee and will not pose a danger to the safety of any other person or the community. The bill would require the judicial officer to remand a person convicted of specified felonies, including serious felonies, unless the judicial officer finds that there is a substantial likelihood that a motion for acquittal or new trial will be granted or the prosecuting attorney has recommended that no sentence of imprisonment be imposed on the person. The bill would prohibit a person convicted of an offense punishable by life without the possibility of parole from being released on bail. By requiring county jails to hold additional defendants, this bill would impose a state-mandated local program.This bill would require a judicial officer to remand a defendant who has been found guilty of an offense for which they face imprisonment for life and is awaiting imposition or execution of sentence unless, among other things, the judicial officer finds that there is a substantial likelihood that a motion for acquittal or new trial will be granted or the prosecuting attorney has recommended that no sentence of imprisonment be imposed on the person, as specified. The bill would prohibit a person convicted of an offense punishable by life without the possibility of parole or death from being released on bail. By requiring county jails to hold additional defendants, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law requires a defendant out on bail, if a verdict is rendered against them, to be committed to the custody of the county to await judgment of the court upon the verdict, unless the court concludes that various factors, including the protection of the public and the probability of the defendant failing to appear, support a decision to allow the defendant to remain out on bail. Existing law gives a defendant convicted of an offense who has made an application for probation or who has appealed a right to be admitted to bail in misdemeanor or infraction cases. Existing law authorizes the court to admit a defendant convicted of an offense not punishable with death to bail in all other cases.
This bill would require the judicial officer to remand a person who is found guilty of any felony or any offense that requires registration as a sex offender unless the judicial officer finds by clear and convincing evidence that the person is not likely to flee and will not pose a danger to the safety of any other person or the community. The bill would require the judicial officer to remand a person convicted of specified felonies, including serious felonies, unless the judicial officer finds that there is a substantial likelihood that a motion for acquittal or new trial will be granted or the prosecuting attorney has recommended that no sentence of imprisonment be imposed on the person. The bill would prohibit a person convicted of an offense punishable by life without the possibility of parole from being released on bail. By requiring county jails to hold additional defendants, this bill would impose a state-mandated local program.
This bill would require a judicial officer to remand a defendant who has been found guilty of an offense for which they face imprisonment for life and is awaiting imposition or execution of sentence unless, among other things, the judicial officer finds that there is a substantial likelihood that a motion for acquittal or new trial will be granted or the prosecuting attorney has recommended that no sentence of imprisonment be imposed on the person, as specified. The bill would prohibit a person convicted of an offense punishable by life without the possibility of parole or death from being released on bail. By requiring county jails to hold additional defendants, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1.Section 1166 of the Penal Code is repealed.SEC. 2.Section 1166 is added to the Penal Code, to read:1166.(a)(1)Except as provided in paragraph (2), the judicial officer shall order that a person who has been found guilty of a felony offense or any offense that requires registration pursuant to Section 290 and who is awaiting imposition or execution of sentence be remanded, unless the judicial officer finds by clear and convincing evidence that the person is not likely to flee and will not pose a danger to the safety of any other person or the community.(2)Except as provided in paragraph (3), the judicial officer shall order that a person who has been found guilty of an offense in a case involving an offense described in subdivision (e) of Section 667 or subdivision (c) of Section 1192.7 or any conviction for which the defendant faces an imprisonment of life, and is awaiting imposition or execution of sentence, be remanded unless either of the following apply:(A)The judicial officer finds there is a substantial likelihood that a motion for acquittal or new trial will be granted.(B)The prosecuting attorney has recommended that no sentence of imprisonment be imposed on the person.(3)The judicial officer shall order that a person who has been found guilty of an offense punishable by life in prison without the possibility of parole or death, and is awaiting imposition or execution of sentence, be remanded.(b)When remanded, the defendants bail is exonerated, or if money is deposited instead of bail, it shall be refunded to the defendant or to the person or persons found by the court to have deposited said money on behalf of said defendant.SECTION 1. Section 1166 of the Penal Code is amended to read:1166. If (a) Except as provided in subdivision (b), if a general verdict is rendered against the defendant, or a special verdict is given, he or she must they shall be remanded, if in custody, or if on bail he or she they shall be committed to the proper officer of the county to await the judgment of the court upon the verdict, unless, upon considering the protection of the public, the seriousness of the offense charged and proven, the previous criminal record of the defendant, the probability of the defendant failing to appear for the judgment of the court upon the verdict, and public safety, the court concludes the evidence supports its decision to allow the defendant to remain out on bail. When committed, his or her bail is exonerated, or if money is deposited instead of bail it must be refunded to the defendant or to the person or persons found by the court to have deposited said money on behalf of said defendant.(b) Except as provided in subdivision (c), the judicial officer shall order that a person who has been found guilty of an offense for which the defendant faces an imprisonment of life, and is awaiting imposition or execution of sentence, be remanded unless any of the following apply:(1) The judicial officer finds by clear and convincing evidence that the person is not likely to flee and does not pose a danger to the safety of another person or the community.(2) The judicial officer finds there is a substantial likelihood that a motion for acquittal or new trial will be granted.(3) The prosecuting attorney has recommended that no sentence of imprisonment be imposed on the person.(c) The judicial officer shall order that a person who has been found guilty of an offense punishable by life in prison without the possibility of parole or death, and is awaiting imposition or execution of sentence, be remanded.(d) When a defendant is committed or remanded pursuant to this section, their bail is exonerated, or if money is deposited instead of bail, it shall be refunded to the defendant or to the person who deposited money on behalf of the defendant.SEC. 3.SEC. 2. Section 1272 of the Penal Code is amended to read:1272. (a) After being found guilty of any offense, a defendant who has made application for probation or who has appealed may be admitted to bail as a matter of right in the following circumstances:(1) Before judgment is pronounced pending application for probation in cases of misdemeanors, when that offense does not require registration pursuant to Section 290. misdemeanors.(2) When appealing from a judgment imposing a fine only.(3) When appealing from a judgment imposing imprisonment in a misdemeanor case, when that offense does not require registration pursuant to Section 290. case.(b)A defendant shall be remanded and not admitted to bail for any felony offense or any offense requiring registration pursuant to Section 290, unless the judicial officer finds by clear and convincing evidence that the person is not likely to flee and will not pose a danger to the safety of any other person or the community. (c)(b) (1) A defendant who has been found guilty of an offense described in subdivision (e) of Section 667 or subdivision (c) of Section 1192.7 or any conviction for which the defendant faces an imprisonment of life, and is awaiting imposition or execution of sentence, shall be remanded and not admitted to bail unless either any of the following apply:(A) The judicial officer finds by clear and convincing evidence that the person is not likely to flee and does not pose a danger to the safety of another person or the community. (A)(B) The judicial officer finds there is a substantial likelihood that a motion for acquittal or new trial will be granted.(B)(C) The prosecuting attorney has recommended that no sentence of imprisonment be imposed on the person.(2) A person convicted of an offense subject to this subdivision, who makes a motion for release on bail subsequent to a sentencing hearing, shall provide notice of the hearing on the bail motion to the prosecuting attorney at least five court days prior to the hearing.(d)(c) Under no circumstances shall a person be admitted to bail for an offense punishable by life in prison without the possibility of parole or death.SEC. 4.SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
(a)(1)Except as provided in paragraph (2), the judicial officer shall order that a person who has been found guilty of a felony offense or any offense that requires registration pursuant to Section 290 and who is awaiting imposition or execution of sentence be remanded, unless the judicial officer finds by clear and convincing evidence that the person is not likely to flee and will not pose a danger to the safety of any other person or the community.
(2)Except as provided in paragraph (3), the judicial officer shall order that a person who has been found guilty of an offense in a case involving an offense described in subdivision (e) of Section 667 or subdivision (c) of Section 1192.7 or any conviction for which the defendant faces an imprisonment of life, and is awaiting imposition or execution of sentence, be remanded unless either of the following apply:
(A)The judicial officer finds there is a substantial likelihood that a motion for acquittal or new trial will be granted.
(B)The prosecuting attorney has recommended that no sentence of imprisonment be imposed on the person.
(3)The judicial officer shall order that a person who has been found guilty of an offense punishable by life in prison without the possibility of parole or death, and is awaiting imposition or execution of sentence, be remanded.
(b)When remanded, the defendants bail is exonerated, or if money is deposited instead of bail, it shall be refunded to the defendant or to the person or persons found by the court to have deposited said money on behalf of said defendant.
SECTION 1. Section 1166 of the Penal Code is amended to read:1166. If (a) Except as provided in subdivision (b), if a general verdict is rendered against the defendant, or a special verdict is given, he or she must they shall be remanded, if in custody, or if on bail he or she they shall be committed to the proper officer of the county to await the judgment of the court upon the verdict, unless, upon considering the protection of the public, the seriousness of the offense charged and proven, the previous criminal record of the defendant, the probability of the defendant failing to appear for the judgment of the court upon the verdict, and public safety, the court concludes the evidence supports its decision to allow the defendant to remain out on bail. When committed, his or her bail is exonerated, or if money is deposited instead of bail it must be refunded to the defendant or to the person or persons found by the court to have deposited said money on behalf of said defendant.(b) Except as provided in subdivision (c), the judicial officer shall order that a person who has been found guilty of an offense for which the defendant faces an imprisonment of life, and is awaiting imposition or execution of sentence, be remanded unless any of the following apply:(1) The judicial officer finds by clear and convincing evidence that the person is not likely to flee and does not pose a danger to the safety of another person or the community.(2) The judicial officer finds there is a substantial likelihood that a motion for acquittal or new trial will be granted.(3) The prosecuting attorney has recommended that no sentence of imprisonment be imposed on the person.(c) The judicial officer shall order that a person who has been found guilty of an offense punishable by life in prison without the possibility of parole or death, and is awaiting imposition or execution of sentence, be remanded.(d) When a defendant is committed or remanded pursuant to this section, their bail is exonerated, or if money is deposited instead of bail, it shall be refunded to the defendant or to the person who deposited money on behalf of the defendant.
SECTION 1. Section 1166 of the Penal Code is amended to read:
### SECTION 1.
1166. If (a) Except as provided in subdivision (b), if a general verdict is rendered against the defendant, or a special verdict is given, he or she must they shall be remanded, if in custody, or if on bail he or she they shall be committed to the proper officer of the county to await the judgment of the court upon the verdict, unless, upon considering the protection of the public, the seriousness of the offense charged and proven, the previous criminal record of the defendant, the probability of the defendant failing to appear for the judgment of the court upon the verdict, and public safety, the court concludes the evidence supports its decision to allow the defendant to remain out on bail. When committed, his or her bail is exonerated, or if money is deposited instead of bail it must be refunded to the defendant or to the person or persons found by the court to have deposited said money on behalf of said defendant.(b) Except as provided in subdivision (c), the judicial officer shall order that a person who has been found guilty of an offense for which the defendant faces an imprisonment of life, and is awaiting imposition or execution of sentence, be remanded unless any of the following apply:(1) The judicial officer finds by clear and convincing evidence that the person is not likely to flee and does not pose a danger to the safety of another person or the community.(2) The judicial officer finds there is a substantial likelihood that a motion for acquittal or new trial will be granted.(3) The prosecuting attorney has recommended that no sentence of imprisonment be imposed on the person.(c) The judicial officer shall order that a person who has been found guilty of an offense punishable by life in prison without the possibility of parole or death, and is awaiting imposition or execution of sentence, be remanded.(d) When a defendant is committed or remanded pursuant to this section, their bail is exonerated, or if money is deposited instead of bail, it shall be refunded to the defendant or to the person who deposited money on behalf of the defendant.
1166. If (a) Except as provided in subdivision (b), if a general verdict is rendered against the defendant, or a special verdict is given, he or she must they shall be remanded, if in custody, or if on bail he or she they shall be committed to the proper officer of the county to await the judgment of the court upon the verdict, unless, upon considering the protection of the public, the seriousness of the offense charged and proven, the previous criminal record of the defendant, the probability of the defendant failing to appear for the judgment of the court upon the verdict, and public safety, the court concludes the evidence supports its decision to allow the defendant to remain out on bail. When committed, his or her bail is exonerated, or if money is deposited instead of bail it must be refunded to the defendant or to the person or persons found by the court to have deposited said money on behalf of said defendant.(b) Except as provided in subdivision (c), the judicial officer shall order that a person who has been found guilty of an offense for which the defendant faces an imprisonment of life, and is awaiting imposition or execution of sentence, be remanded unless any of the following apply:(1) The judicial officer finds by clear and convincing evidence that the person is not likely to flee and does not pose a danger to the safety of another person or the community.(2) The judicial officer finds there is a substantial likelihood that a motion for acquittal or new trial will be granted.(3) The prosecuting attorney has recommended that no sentence of imprisonment be imposed on the person.(c) The judicial officer shall order that a person who has been found guilty of an offense punishable by life in prison without the possibility of parole or death, and is awaiting imposition or execution of sentence, be remanded.(d) When a defendant is committed or remanded pursuant to this section, their bail is exonerated, or if money is deposited instead of bail, it shall be refunded to the defendant or to the person who deposited money on behalf of the defendant.
1166. If (a) Except as provided in subdivision (b), if a general verdict is rendered against the defendant, or a special verdict is given, he or she must they shall be remanded, if in custody, or if on bail he or she they shall be committed to the proper officer of the county to await the judgment of the court upon the verdict, unless, upon considering the protection of the public, the seriousness of the offense charged and proven, the previous criminal record of the defendant, the probability of the defendant failing to appear for the judgment of the court upon the verdict, and public safety, the court concludes the evidence supports its decision to allow the defendant to remain out on bail. When committed, his or her bail is exonerated, or if money is deposited instead of bail it must be refunded to the defendant or to the person or persons found by the court to have deposited said money on behalf of said defendant.(b) Except as provided in subdivision (c), the judicial officer shall order that a person who has been found guilty of an offense for which the defendant faces an imprisonment of life, and is awaiting imposition or execution of sentence, be remanded unless any of the following apply:(1) The judicial officer finds by clear and convincing evidence that the person is not likely to flee and does not pose a danger to the safety of another person or the community.(2) The judicial officer finds there is a substantial likelihood that a motion for acquittal or new trial will be granted.(3) The prosecuting attorney has recommended that no sentence of imprisonment be imposed on the person.(c) The judicial officer shall order that a person who has been found guilty of an offense punishable by life in prison without the possibility of parole or death, and is awaiting imposition or execution of sentence, be remanded.(d) When a defendant is committed or remanded pursuant to this section, their bail is exonerated, or if money is deposited instead of bail, it shall be refunded to the defendant or to the person who deposited money on behalf of the defendant.
1166. If (a) Except as provided in subdivision (b), if a general verdict is rendered against the defendant, or a special verdict is given, he or she must they shall be remanded, if in custody, or if on bail he or she they shall be committed to the proper officer of the county to await the judgment of the court upon the verdict, unless, upon considering the protection of the public, the seriousness of the offense charged and proven, the previous criminal record of the defendant, the probability of the defendant failing to appear for the judgment of the court upon the verdict, and public safety, the court concludes the evidence supports its decision to allow the defendant to remain out on bail. When committed, his or her bail is exonerated, or if money is deposited instead of bail it must be refunded to the defendant or to the person or persons found by the court to have deposited said money on behalf of said defendant.
(b) Except as provided in subdivision (c), the judicial officer shall order that a person who has been found guilty of an offense for which the defendant faces an imprisonment of life, and is awaiting imposition or execution of sentence, be remanded unless any of the following apply:
(1) The judicial officer finds by clear and convincing evidence that the person is not likely to flee and does not pose a danger to the safety of another person or the community.
(2) The judicial officer finds there is a substantial likelihood that a motion for acquittal or new trial will be granted.
(3) The prosecuting attorney has recommended that no sentence of imprisonment be imposed on the person.
(c) The judicial officer shall order that a person who has been found guilty of an offense punishable by life in prison without the possibility of parole or death, and is awaiting imposition or execution of sentence, be remanded.
(d) When a defendant is committed or remanded pursuant to this section, their bail is exonerated, or if money is deposited instead of bail, it shall be refunded to the defendant or to the person who deposited money on behalf of the defendant.
SEC. 3.SEC. 2. Section 1272 of the Penal Code is amended to read:1272. (a) After being found guilty of any offense, a defendant who has made application for probation or who has appealed may be admitted to bail as a matter of right in the following circumstances:(1) Before judgment is pronounced pending application for probation in cases of misdemeanors, when that offense does not require registration pursuant to Section 290. misdemeanors.(2) When appealing from a judgment imposing a fine only.(3) When appealing from a judgment imposing imprisonment in a misdemeanor case, when that offense does not require registration pursuant to Section 290. case.(b)A defendant shall be remanded and not admitted to bail for any felony offense or any offense requiring registration pursuant to Section 290, unless the judicial officer finds by clear and convincing evidence that the person is not likely to flee and will not pose a danger to the safety of any other person or the community. (c)(b) (1) A defendant who has been found guilty of an offense described in subdivision (e) of Section 667 or subdivision (c) of Section 1192.7 or any conviction for which the defendant faces an imprisonment of life, and is awaiting imposition or execution of sentence, shall be remanded and not admitted to bail unless either any of the following apply:(A) The judicial officer finds by clear and convincing evidence that the person is not likely to flee and does not pose a danger to the safety of another person or the community. (A)(B) The judicial officer finds there is a substantial likelihood that a motion for acquittal or new trial will be granted.(B)(C) The prosecuting attorney has recommended that no sentence of imprisonment be imposed on the person.(2) A person convicted of an offense subject to this subdivision, who makes a motion for release on bail subsequent to a sentencing hearing, shall provide notice of the hearing on the bail motion to the prosecuting attorney at least five court days prior to the hearing.(d)(c) Under no circumstances shall a person be admitted to bail for an offense punishable by life in prison without the possibility of parole or death.
SEC. 3.SEC. 2. Section 1272 of the Penal Code is amended to read:
### SEC. 3.SEC. 2.
1272. (a) After being found guilty of any offense, a defendant who has made application for probation or who has appealed may be admitted to bail as a matter of right in the following circumstances:(1) Before judgment is pronounced pending application for probation in cases of misdemeanors, when that offense does not require registration pursuant to Section 290. misdemeanors.(2) When appealing from a judgment imposing a fine only.(3) When appealing from a judgment imposing imprisonment in a misdemeanor case, when that offense does not require registration pursuant to Section 290. case.(b)A defendant shall be remanded and not admitted to bail for any felony offense or any offense requiring registration pursuant to Section 290, unless the judicial officer finds by clear and convincing evidence that the person is not likely to flee and will not pose a danger to the safety of any other person or the community. (c)(b) (1) A defendant who has been found guilty of an offense described in subdivision (e) of Section 667 or subdivision (c) of Section 1192.7 or any conviction for which the defendant faces an imprisonment of life, and is awaiting imposition or execution of sentence, shall be remanded and not admitted to bail unless either any of the following apply:(A) The judicial officer finds by clear and convincing evidence that the person is not likely to flee and does not pose a danger to the safety of another person or the community. (A)(B) The judicial officer finds there is a substantial likelihood that a motion for acquittal or new trial will be granted.(B)(C) The prosecuting attorney has recommended that no sentence of imprisonment be imposed on the person.(2) A person convicted of an offense subject to this subdivision, who makes a motion for release on bail subsequent to a sentencing hearing, shall provide notice of the hearing on the bail motion to the prosecuting attorney at least five court days prior to the hearing.(d)(c) Under no circumstances shall a person be admitted to bail for an offense punishable by life in prison without the possibility of parole or death.
1272. (a) After being found guilty of any offense, a defendant who has made application for probation or who has appealed may be admitted to bail as a matter of right in the following circumstances:(1) Before judgment is pronounced pending application for probation in cases of misdemeanors, when that offense does not require registration pursuant to Section 290. misdemeanors.(2) When appealing from a judgment imposing a fine only.(3) When appealing from a judgment imposing imprisonment in a misdemeanor case, when that offense does not require registration pursuant to Section 290. case.(b)A defendant shall be remanded and not admitted to bail for any felony offense or any offense requiring registration pursuant to Section 290, unless the judicial officer finds by clear and convincing evidence that the person is not likely to flee and will not pose a danger to the safety of any other person or the community. (c)(b) (1) A defendant who has been found guilty of an offense described in subdivision (e) of Section 667 or subdivision (c) of Section 1192.7 or any conviction for which the defendant faces an imprisonment of life, and is awaiting imposition or execution of sentence, shall be remanded and not admitted to bail unless either any of the following apply:(A) The judicial officer finds by clear and convincing evidence that the person is not likely to flee and does not pose a danger to the safety of another person or the community. (A)(B) The judicial officer finds there is a substantial likelihood that a motion for acquittal or new trial will be granted.(B)(C) The prosecuting attorney has recommended that no sentence of imprisonment be imposed on the person.(2) A person convicted of an offense subject to this subdivision, who makes a motion for release on bail subsequent to a sentencing hearing, shall provide notice of the hearing on the bail motion to the prosecuting attorney at least five court days prior to the hearing.(d)(c) Under no circumstances shall a person be admitted to bail for an offense punishable by life in prison without the possibility of parole or death.
1272. (a) After being found guilty of any offense, a defendant who has made application for probation or who has appealed may be admitted to bail as a matter of right in the following circumstances:(1) Before judgment is pronounced pending application for probation in cases of misdemeanors, when that offense does not require registration pursuant to Section 290. misdemeanors.(2) When appealing from a judgment imposing a fine only.(3) When appealing from a judgment imposing imprisonment in a misdemeanor case, when that offense does not require registration pursuant to Section 290. case.(b)A defendant shall be remanded and not admitted to bail for any felony offense or any offense requiring registration pursuant to Section 290, unless the judicial officer finds by clear and convincing evidence that the person is not likely to flee and will not pose a danger to the safety of any other person or the community. (c)(b) (1) A defendant who has been found guilty of an offense described in subdivision (e) of Section 667 or subdivision (c) of Section 1192.7 or any conviction for which the defendant faces an imprisonment of life, and is awaiting imposition or execution of sentence, shall be remanded and not admitted to bail unless either any of the following apply:(A) The judicial officer finds by clear and convincing evidence that the person is not likely to flee and does not pose a danger to the safety of another person or the community. (A)(B) The judicial officer finds there is a substantial likelihood that a motion for acquittal or new trial will be granted.(B)(C) The prosecuting attorney has recommended that no sentence of imprisonment be imposed on the person.(2) A person convicted of an offense subject to this subdivision, who makes a motion for release on bail subsequent to a sentencing hearing, shall provide notice of the hearing on the bail motion to the prosecuting attorney at least five court days prior to the hearing.(d)(c) Under no circumstances shall a person be admitted to bail for an offense punishable by life in prison without the possibility of parole or death.
1272. (a) After being found guilty of any offense, a defendant who has made application for probation or who has appealed may be admitted to bail as a matter of right in the following circumstances:
(1) Before judgment is pronounced pending application for probation in cases of misdemeanors, when that offense does not require registration pursuant to Section 290. misdemeanors.
(2) When appealing from a judgment imposing a fine only.
(3) When appealing from a judgment imposing imprisonment in a misdemeanor case, when that offense does not require registration pursuant to Section 290. case.
(b)A defendant shall be remanded and not admitted to bail for any felony offense or any offense requiring registration pursuant to Section 290, unless the judicial officer finds by clear and convincing evidence that the person is not likely to flee and will not pose a danger to the safety of any other person or the community.
(c)
(b) (1) A defendant who has been found guilty of an offense described in subdivision (e) of Section 667 or subdivision (c) of Section 1192.7 or any conviction for which the defendant faces an imprisonment of life, and is awaiting imposition or execution of sentence, shall be remanded and not admitted to bail unless either any of the following apply:
(A) The judicial officer finds by clear and convincing evidence that the person is not likely to flee and does not pose a danger to the safety of another person or the community.
(A)
(B) The judicial officer finds there is a substantial likelihood that a motion for acquittal or new trial will be granted.
(B)
(C) The prosecuting attorney has recommended that no sentence of imprisonment be imposed on the person.
(2) A person convicted of an offense subject to this subdivision, who makes a motion for release on bail subsequent to a sentencing hearing, shall provide notice of the hearing on the bail motion to the prosecuting attorney at least five court days prior to the hearing.
(d)
(c) Under no circumstances shall a person be admitted to bail for an offense punishable by life in prison without the possibility of parole or death.
SEC. 4.SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 4.SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 4.SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
### SEC. 4.SEC. 3.