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 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 defendant's 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 defendant's release on his or her own recognizance. Existing law provides that a defendant being held for a misdemeanor offense is entitled to be released on his or her own recognizance, unless the court makes a finding on the record that an own recognizance release would compromise public safety or would not reasonably ensure the appearance of the defendant as required.
California SB 10 (20172018) — Pretrial release or detention: pretrial services.
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 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 defendant's 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 defendant's release on his or her own recognizance. Existing law provides that a defendant being held for a misdemeanor offense is entitled to be released on his or her own recognizance, unless the court makes a finding on the record that an own recognizance release would compromise public safety or would not reasonably ensure the appearance of the defendant as required.
Version chain
The bill's text revisions, in order — the diff chain from filing to enrollment.
SB 10 Hertzberg Senate Third Reading By BONTA — 42–31 (pass) · lower
Do pass and be re-referred to the Committee on [Appropriations] — 4–2 (pass) · lower
Placed on suspense file — 7–0 (pass) · upper
Sponsors
Hertzberg — primary (person)
Allen — author (person)
Atkins — author (person)
Beall — author (person)
Bloom — principal coauthor (person)
Bonta — author (person)
Bradford — author (person)
Chiu — principal coauthor (person)
Gloria — coauthor (person)
Gonzalez Fletcher — principal coauthor (person)
Jones-Sawyer — author (person)
Lara — author (person)
Mark Stone — principal coauthor (person)
Mitchell — author (person)
Monning — author (person)
Quirk — principal coauthor (person)
Rendon — coauthor (person)
Skinner — author (person)
Weber — principal coauthor (person)
Wieckowski — author (person)
Wiener — author (person)
Timeline
The legislative action history — every referral, reading, and vote.
2016-12-05 Introduced. Read first time. To Com. on RLS. for assignment. To print. introduction, reading-1
2016-12-06 From printer. May be acted upon on or after January 5.
2017-01-12 Referred to Com. on RLS. referral-committee
2017-01-17 From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS. reading-2, referral-committee, amendment-passage, committee-passage, reading-1
2017-01-26 Re-referred to Com. on PUB. S. referral-committee
2017-03-09 Set for hearing April 4.
2017-03-27 From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S. reading-2, referral-committee, amendment-passage, committee-passage, reading-1
2017-04-04 From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1. Page 598.) (April 4). Re-referred to Com. on APPR. committee-passage-favorable, committee-passage, referral-committee
2017-05-01 Set for hearing May 8.
2017-05-01 May 8 set for first hearing canceled at the request of author.
2017-05-04 Set for hearing May 15.
2017-05-15 May 15 hearing: Placed on APPR. suspense file.
2017-05-19 Set for hearing May 25.
2017-05-25 From committee: Do pass. (Ayes 5. Noes 2. Page 1175.) (May 25). committee-passage-favorable, committee-passage
2017-05-26 Read second time. Ordered to third reading. reading-2, reading-1
2017-05-31 Read third time. Passed. (Ayes 26. Noes 11. Page 1308.) Ordered to the Assembly. reading-3, passage, reading-1
2017-06-01 In Assembly. Read first time. Held at Desk. reading-1
2017-06-26 Referred to Com. on PUB. S. referral-committee
2017-07-05 From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S. reading-2, referral-committee, amendment-passage, committee-passage, reading-1
2017-07-12 From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 2.) (July 11). Re-referred to Com. on APPR. committee-passage-favorable, committee-passage, referral-committee
2017-08-21 From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR. reading-2, referral-committee, amendment-passage, committee-passage, reading-1
2017-08-30 August 30 set for first hearing canceled at the request of author.
2017-09-06 From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR. reading-2, referral-committee, amendment-passage, committee-passage, reading-1
2018-08-15 August 15 set for second hearing. Placed on APPR. suspense file.
2018-08-16 Joint Rule 62(a) suspended.
2018-08-16 From committee: Do pass as amended. (Ayes 11. Noes 1.) (August 16). committee-passage-favorable, committee-passage, amendment-passage
2018-08-20 Read second time and amended. Ordered to second reading. reading-1, amendment-passage, reading-2