Bail.
Summary
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 the superior court judges in each county to prepare, adopt, and annually revise a uniform countywide schedule of bail, as specified, and requires the superior court judges, when adopting that schedule, to consider the seriousness of the offense charged and assign an additional amount of required bail for each aggravating or enhancing factor chargeable in the complaint, as specified. This bill would prohibit costs relating to the conditions of release on bail from being imposed on persons released on bail or on their own recognizance. The bill would additionally require the court to order a return of money or property paid to a bail bond licensee by or on behalf of the arrestee to obtain bail if the action or proceeding against the arrestee who has been admitted to bail is dismissed or no charges are filed against the arrestee within 60 days of arrest, as specified. The bill would authorize the bail bond licensee to retain a surcharge not to exceed 10% of the amount paid by the arrestee or on behalf of the arrestee. The bill would require the court to order this return of money or property only for a bail contract entered into on or after January 1, 2023.
Bill status
failed
3 of 5 stages cleared
Introduction
Jan 2021
Committee Review
Jul 2021
Senate Passage
May 2021
Assembly Failed
Sep 2022
Governor
Introduced Jan 27, 2021
Last action Sep 1, 2022
Floor votes · Senate May 26, 2021 · Assembly Sep 1, 2022
How they voted
28–8
Passed · 1 other
Total votes 37
May 26, 2021
D
Democratic29
96% Yea
R
Republican8
100% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
33
Key actions
10
Committee
4
Amendments
7
Sep 1, 2022
Vote failed
Assembly Vote: fail (29-29-19)
assembly
Aug 25, 2022
Lower · Passed
Read third time and amended.
lower
Sep 2, 2021
Lower · Passed
Read third time and amended.
lower
Aug 30, 2021
Lower · Passed
Read second time and amended. Ordered to second reading.
lower
Aug 26, 2021
Lower · Passed
From committee: Do pass as amended. (Ayes 11. Noes 4.) (August 26).
lower
Jul 14, 2021
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (July 13). Re-referred to Com. on APPR.
lower
Jun 10, 2021
Committee
Referred to Com. on PUB. S.
lower
May 26, 2021
Upper · Passed
Read third time. Passed. (Ayes 30. Noes 9. Page 1258.) Ordered to the Assembly.
upper
May 20, 2021
Upper · Passed
Read second time and amended. Ordered to second reading.
upper
May 20, 2021
Upper · Passed
From committee: Do pass as amended. (Ayes 5. Noes 2. Page 1185.) (May 20).
upper
Mar 24, 2021
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1. Page 592.) (March 23). Re-referred to Com. on APPR.
upper
Mar 10, 2021
Upper · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
upper
Feb 3, 2021
Committee
Referred to Com. on PUB. S.
upper
Jan 27, 2021
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 3 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Robert M. Hertzberg
DDemocratic
Co
Nancy Skinner
DDemocratic
Co
Scott Wiener
DDemocratic
Co
Steve Bradford
DDemocratic
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