Josh Becker
- Democratic
- Senator
- District 13
Author
Existing law entitles a person detained in custody on a criminal charge for want of bail to an automatic review of the order fixing the amount of bail by the judge or magistrate. This bill would require the court at that review to also review, among other things, whether there exists clear and convincing evidence of a risk to public safety or the victim, or a risk of flight, and that no less restrictive alternative can address that risk. Existing law authorizes a court, after the defendant has been admitted to bail, to, upon good cause shown, either increase or reduce the amount of bail. Existing law authorizes the court, if the amount of bail is increased, to order the defendant be committed to actual custody unless the defendant gives bail in the increased amount. The bill would make a defendant who has a nonmonetary condition of release, other than a protective order or statutorily mandated condition, entitled to an automatic review of those conditions at the next regularly scheduled court date after the defendant has been in compliance with those conditions for 60 full days. The bill would create a rebuttable presumption at that review that the conditions are no longer necessary and shall be removed if the person has remained in compliance with the condition or conditions for 60 days, and would make that presumption rebuttable by clear and convincing evidence that the conditions remain necessary to mitigate risk to public safety or to the victim, or to mitigate risk of flight, and that no less restrictive alternative can address that risk.
In Senate. Consideration of Governor's veto pending.
Vetoed by the Governor.
Enrolled and presented to the Governor at 3 p.m.
In Senate. Ordered to engrossing and enrolling.
Read third time. Passed. (Ayes 43. Noes 25. Page 6662.) Ordered to the Senate.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 5. Noes 2.) (July 2).
June 18 set for first hearing canceled at the request of author.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 28. Noes 9. Page 4100.) Ordered to the Assembly.
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 5. Noes 2. Page 3973.) (May 16).
Set for hearing May 16.
May 6 hearing: Placed on APPR suspense file.
Set for hearing May 6.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 1. Page 3637.) (April 16).
Set for hearing April 16.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB S.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
From printer. May be acted upon on or after March 15.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB1133 | HTML |
| 02/13/24 - Introduced | |
| 03/18/24 - Amended Senate | |
| 04/04/24 - Amended Senate | |
| 04/22/24 - Amended Senate | |
| 05/16/24 - Amended Senate | |
| 08/29/24 - Enrolled |
| Document | Format |
|---|---|
| 04/11/24- Senate Public Safety | |
| 05/03/24- Senate Appropriations | |
| 05/16/24- Senate Appropriations | |
| 05/18/24- Sen. Floor Analyses | |
| 07/01/24- Assembly Public Safety | |
| 08/07/24- ASSEMBLY FLOOR ANALYSIS |
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