SB 185

Bill Subjects

Abstract

Existing law defines the felony offense for which a person has been released on bail or his or her own recognizance, or for which release on bail or his or her own recognizance has been revoked prior to final judgment, as a "primary offense," and defines an offense committed while so released as a "secondary offense." Under existing law, any person arrested for a secondary offense which was alleged to have been committed while that person was released from custody on a primary offense is subject to a penalty enhancement of an additional 2 years in state prison, as specified. This bill would include within the definition of "primary offense" a felony offense for which the person has been released from custody, other than on bail or on his or her own recognizance, prior to sentencing. By expanding the application of this enhancing allegation, 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 no reimbursement is required by this act for a specified reason.