Fabio
127 lines
10 KiB
Markdown
127 lines
10 KiB
Markdown
---
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type: "Bill"
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title: "Pretrial release or detention: pretrial services."
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description: "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."
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jurisdiction: "us/states/ca"
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legislature: "California Legislature"
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session: "20172018"
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identifier: "SB 10"
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citation: "California SB 10 (20172018)"
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classification: ["bill"]
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subjects: ["Pretrial release or detention: pretrial services."]
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status: "enacted"
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primary_sponsors: ["Hertzberg"]
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version_count: 10
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action_count: 34
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vote_count: 8
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first_action: "2016-12-05"
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last_action: "2018-08-28"
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source: "openstates"
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source_identifier: "ocd-bill/d2c079cd-0dfb-40c0-b51f-681c3b79a3ad"
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source_url: "http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB10"
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source_hash: "78a5dbe448d2c3256cd9695e442625aaea5e671cfb3748d6c55a2ba5fab564d3"
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vintage: "2026-07-01"
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source_snapshot: "https://data.openstates.org/daily/2026-07-01/public.pgdump"
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retrieved_at: "2026-07-06"
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confidence: "reported"
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tags: ["legislation", "bill", "us-ca"]
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---
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# California SB 10 (20172018) — Pretrial release or detention: pretrial services.
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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.
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## Version chain
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The bill's text revisions, in order — the diff chain from filing to enrollment.
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1. **12/05/16 - Introduced** (filed) — [source](https://leginfo.legislature.ca.gov/faces/billPdf.xhtml?bill_id=201720180SB10&version=20170SB1099INT)
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2. **01/17/17 - Amended Senate** (committee substitute) — [source](https://leginfo.legislature.ca.gov/faces/billPdf.xhtml?bill_id=201720180SB10&version=20170SB1098AMD)
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3. **03/27/17 - Amended Senate** (committee substitute) — [source](https://leginfo.legislature.ca.gov/faces/billPdf.xhtml?bill_id=201720180SB10&version=20170SB1097AMD)
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4. **07/05/17 - Amended Assembly** (committee substitute) — [source](https://leginfo.legislature.ca.gov/faces/billPdf.xhtml?bill_id=201720180SB10&version=20170SB1096AMD)
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5. **08/20/18 - Amended Assembly** (committee substitute) — [source](https://leginfo.legislature.ca.gov/faces/billPdf.xhtml?bill_id=201720180SB10&version=20170SB1093AMD)
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6. **08/21/17 - Amended Assembly** (committee substitute) — [source](https://leginfo.legislature.ca.gov/faces/billPdf.xhtml?bill_id=201720180SB10&version=20170SB1095AMD)
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7. **08/28/18 - Chaptered** (committee substitute) — [source](https://leginfo.legislature.ca.gov/faces/billPdf.xhtml?bill_id=201720180SB10&version=20170SB1091CHP)
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8. **09/06/17 - Amended Assembly** (committee substitute) — [source](https://leginfo.legislature.ca.gov/faces/billPdf.xhtml?bill_id=201720180SB10&version=20170SB1094AMD)
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9. **SB10** (committee substitute) — [source](http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB10)
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10. **08/28/18 - Enrolled** (enrolled) — [source](https://leginfo.legislature.ca.gov/faces/billPdf.xhtml?bill_id=201720180SB10&version=20170SB1092ENR)
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## Votes
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- Do pass, but first be re-referred to the Committee on [Appropriations] — **5–1** (pass) · upper
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- Unfinished Business SB10 Hertzberg et al. Concurrence — **26–12** (pass) · upper
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- Do pass — **5–2** (pass) · upper
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- Do pass as amended. — **11–1** (pass) · lower
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- 3rd Reading SB10 Hertzberg et al. — **26–11** (pass) · upper
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- SB 10 Hertzberg Senate Third Reading By BONTA — **42–31** (pass) · lower
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- Do pass and be re-referred to the Committee on [Appropriations] — **4–2** (pass) · lower
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- Placed on suspense file — **7–0** (pass) · upper
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## Sponsors
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- Hertzberg — primary (person)
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- Allen — author (person)
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- Atkins — author (person)
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- Beall — author (person)
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- Bloom — principal coauthor (person)
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- Bonta — author (person)
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- Bradford — author (person)
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- Chiu — principal coauthor (person)
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- Gloria — coauthor (person)
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- Gonzalez Fletcher — principal coauthor (person)
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- Jones-Sawyer — author (person)
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- Lara — author (person)
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- Mark Stone — principal coauthor (person)
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- Mitchell — author (person)
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- Monning — author (person)
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- Quirk — principal coauthor (person)
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- Rendon — coauthor (person)
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- Skinner — author (person)
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- Weber — principal coauthor (person)
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- Wieckowski — author (person)
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- Wiener — author (person)
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## Timeline
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The legislative action history — every referral, reading, and vote.
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- **2016-12-05** Introduced. Read first time. To Com. on RLS. for assignment. To print. `introduction, reading-1`
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- **2016-12-06** From printer. May be acted upon on or after January 5.
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- **2017-01-12** Referred to Com. on RLS. `referral-committee`
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- **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`
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- **2017-01-26** Re-referred to Com. on PUB. S. `referral-committee`
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- **2017-03-09** Set for hearing April 4.
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- **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`
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- **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`
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- **2017-05-01** Set for hearing May 8.
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- **2017-05-01** May 8 set for first hearing canceled at the request of author.
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- **2017-05-04** Set for hearing May 15.
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- **2017-05-15** May 15 hearing: Placed on APPR. suspense file.
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- **2017-05-19** Set for hearing May 25.
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- **2017-05-25** From committee: Do pass. (Ayes 5. Noes 2. Page 1175.) (May 25). `committee-passage-favorable, committee-passage`
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- **2017-05-26** Read second time. Ordered to third reading. `reading-2, reading-1`
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- **2017-05-31** Read third time. Passed. (Ayes 26. Noes 11. Page 1308.) Ordered to the Assembly. `reading-3, passage, reading-1`
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- **2017-06-01** In Assembly. Read first time. Held at Desk. `reading-1`
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- **2017-06-26** Referred to Com. on PUB. S. `referral-committee`
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- **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`
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- **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`
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- **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`
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- **2017-08-30** August 30 set for first hearing canceled at the request of author.
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- **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`
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- **2018-08-15** August 15 set for second hearing. Placed on APPR. suspense file.
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- **2018-08-16** Joint Rule 62(a) suspended.
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- **2018-08-16** From committee: Do pass as amended. (Ayes 11. Noes 1.) (August 16). `committee-passage-favorable, committee-passage, amendment-passage`
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- **2018-08-20** Read second time and amended. Ordered to second reading. `reading-1, amendment-passage, reading-2`
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- **2018-08-20** Assembly Rule 63 suspended. (Ayes 51. Noes 25. Page 6412.)
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- **2018-08-20** Read third time. Passed. (Ayes 42. Noes 31. Page 6413.) Ordered to the Senate. `reading-3, passage, reading-1`
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- **2018-08-21** In Senate. Concurrence in Assembly amendments pending.
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- **2018-08-21** Assembly amendments concurred in. (Ayes 26. Noes 12. Page 5535.) Ordered to engrossing and enrolling. `committee-passage-favorable, amendment-passage`
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- **2018-08-28** Enrolled and presented to the Governor at 10 a.m.
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- **2018-08-28** Approved by the Governor. `executive-signature`
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- **2018-08-28** Chaptered by Secretary of State. Chapter 244, Statutes of 2018.
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## Source
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OpenStates / OpenCivicData bulk snapshot [2026-07-01](https://data.openstates.org/daily/2026-07-01/public.pgdump); origin `ocd-bill/d2c079cd-0dfb-40c0-b51f-681c3b79a3ad`. Confidence: reported (aggregated from official California legislature records).
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