California Legislative News

Below is a list of past legislation in Caliofornia pertaining to the bail industry.

Bill Number Assembly Bills CBAA Position Status
AB 1081 - Amiano

Federal Immigration policy enforcement

Provides that law enforcement may not detain an individual on the basis of immigration hold after the individual becomes eligible for release from criminal custody, unless convicted of a serious or violent felony, etc.

Support In Assembly, concurrence in Senate amendments pending. May be considered on or after August 3, 2012
AB 1323 - Gatto

Postrelease

Should a local government entity be authorized to enact an ordinance requiring persons on postrelease community serpervision to register with local law enforcement.

  Re-referred to Senate Public Safety Committee
AB 1529 Dickinson

Trial Court Restructuring

Provides that a bail forfeiture appeal in which the amount in controversy exceeds $25,000 shall be heard in the court of appeal and an appeal involving $25,000 or less shall be heard in an appellate division of a superior court.

Support

 

Ordered for 3rd reading in Senate Public Safety Committee
AB 1824 - Hagman

Bail Fugitives - Extradition-Exoneration of Bail:

1. Provide hat where a bail fugitive has been taken into custody in the county of prosecution within the 180-day period during which bail forfeiture is stayed, but he or she has not appeard in court until that period has run, the bail agent may move for relief from forfeiture, as specified; 2. grant a bail agent 20 days after notice of summary judgment is mailed to file a motion for relief from forfeiture in cases where the defendant was arrested within the 180-day period outside the county of prosecution; and 3. require spefified notice be given to the prosecutor of a motion for relief from forfeiture brought under this bill.

Support

 

 

 

 

 

 

 

 

Re-referred to Senate Public Safety Committee
AB 1913 - Skinner

Post Release Supervision: Bail Pending Revocation Hearing:

The purpose of this bill is to allow a person on post release community supervision who has been arrested and held in custody pending hearing on a petition to revoke to move for release on bail.

Support Re-referred to Senate Appropriations Committee August 8th, 2012
AB 2029 - Amiano

Bail Fugitive Recovery Persons:

1. Reenact the Bail Fugitive Recovery Persons Act, which regulates persons who arrest and return fugitive defendants to court; 2. require that bail fugitive recovery persons and bail agents who arrest fugitives complete a course on arrest and 20 hours of training on the duties of bail agents; 3. provide that only bail agents, bail fugitive recovery persons and private investigators, as specified, may arrest bail fugitives; 4. require a person authorized by law to arrest a bail fugitive to obtain written authoriation and applicable certificates of training when performing his or her duties; 5. require a person authorized by law to arres a bail fugitive to inform local law enforcement when making an arrest, as speficied, except under exigent circumstances; 6. prohibit a person authorized by law to arrest a bail fugitive from representing themselves to be law enforcement officers, as specified; and 7. provide that violations of the Act a misdemeanor.

Oppose unless

amended

 

 

 

 

 

 

 

 

 

 

 

Re-referred to Senate Appropriations Committee August 8th.
AB 2016-Gorell and Morell Electronic Monitoring: removing or disabling: offense   In committee process. Hearing cancelled by author.
AB 2221-Block

Public Records:

Adds prosecutors and public defenders whose home address and telephone number in firearm licenses and applications are not fully disclosed as public record under CPRA and adds confidential information or records pertaining to crime victims to list of information not required to be disclosed under CPRA
  Ordered for 3rd reading in Senate Appropriations
AB 2222 - Block

Criminal History:

allowing prosecutors to effectively use electronic data to respond to the public's request for information.

  Enrolled 6/29/12 with Governors Office
AB 2303

Insurance Omnibus:

increases the bail agent license exam eligibility qualifications to a minimum of 20 hours; expands the curriculum board to include representatives of bail agents and expands the curriculum being developed to include courses of study for bail agents.

Support Ordered to 3rd reading in Senate Appropriations
AB 2343-Torres

Criminal History Information:

provide subsequent disposition information to California regulatory entities and provide authority to participate in the Federal Bureau of Investigation's (FBI) subsequent notification service offering for regulatory entities.

  Ordered to 3rd reading in Senate Appropriations
AB 2385-Harkey

Electronic Monitoring: Contracts and Standards:

The purpose of this bill is to provide that any defendant who participates in an electronic monitoring program shall be placed in a program that meets standards specified in statute for electronic monitoring of low-risk inmaktes and probationers who have been placed on home detention. Nothing in this bill is designed to limit or restrict the use of electronic monitoring.

Oppose unless

amended

 

 

In Senate Public Safety Committee
AB 2467-Hueso

Domestic Violence Protective Orders: Electronic Monitoring:

The purpose of this bill is to authorize a court with jurisdiction over a criminal matter to include electronic monitoring as part of a protective order, as specified.

  Re-referred to Senate Appropriations for hearing August 6
AB 2527-Swanson Probation: Early termination of period of probation   Ordered for 3rd reading Senate Public Safety
  SENATE BILLS    
SB 210-Hancock

Criminal procedure: Release on defendant's own recognizance:

Specifies that a court shall determine, with public safety as the primary consideration, whether a defendant charged with a jail feloy is eligible for release on his or her own recognizance (OR)

Remake of SB1180 Oppose

Re-referred to Senate Public Safety Committee

UPDATE:

8/31/12 Died on Assembly Floor

Thanks to CBAA's opposition efforts

SB 968-Wright

Inmates: Electronic Monitoring

If a person is arrested without a warrant for a bailable offense, and that offense is punishable as a jail felony persuant to Penal Code section 1170(h), the person may apply to the court at the preliminary hearing, or anytime thereafter, for release on bail reduced by up to 75 percent of the set amount of bail if the defendant agrees to be placed in an electronic monitoring program administered by the county-authorized correctional administrator

  Held in Committee under submission
SB 989-Vargas

Bail: Extradition:

Would allow a court to toll the 180-day period within which to vacate bail forfeiture, if it is agreed by both the bail agent and prosecuting attorney that additional time to return a fugitive defendant to the jurisdiction of the court is necessary. This bill simply allows both parties to come to an agreement if more time is needed to return a fugitive to custody.

Support

 

 

 

Enrolled 7/2/12 with Governor's Office
SB 1144-Strickland

Public Safety Omnibus:

Makes technical and corrective changes, as well as non-controversial substantive changes, to various code sections relating to criminal justice laws

 

Adds references to"postrelease community supervision" and "mandatory supervision" to incorporate the new types of supervision implemented by realighnment.

  Re-referred to Assembly Appropriations Committee
SB 1180-Hancock Criminal procedure: Release on defendant's own recognizance   Ordered to inactive file by author - Morphed into SB 210
SB 1265-Vargas

An act to amend Section 1810 of Insurance Code, relating to bail agent licenses

 

Oppose

 

Withdrawn from Committee
SB 1462-Leno

County Sheriffs: Release of prisioners: medical release:

Provides for authority of Sheriff to release persons from county jail who have a terminal illness with a life expectancy of less than six months and who does not pose a threat to the community. Provides authority for sheriffs to grant medical parol for inmates who are incapacitated.

  In floor process