Bills

SB 1133: Bail.

  • Session Year: 2023-2024
  • House: Senate
  • Latest Version Date: 2024-08-29

Current Status:

Failed

(2024-09-22: In Senate. Consideration of Governor's veto pending.)

Introduced

In Committee

First Chamber

In Committee

Second Chamber

Enacted

What does this bill do?

The bill changes pretrial reviews by requiring courts to decide at automatic bail hearings whether there is clear and convincing evidence (a high level of proof) that a person poses a danger to public safety or a victim, or is likely to flee, and that no less restrictive option can address that risk. It also gives people with nonmonetary release conditions—like curfews, electronic monitoring, or required programs—an automatic review after 60 days of full compliance. At that review there is a presumption the conditions should be removed, but the district attorney can keep them by showing clear and convincing evidence the conditions are still needed to prevent danger or flight and that no less restrictive alternative exists.

The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.

Version:

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.

Discussed in Hearing

Assembly Floor 10MIN
Aug 27, 2024

Assembly Floor

Assembly Floor 52SEC
Aug 27, 2024

Assembly Floor

Assembly Standing Committee on Public Safety 17MIN
Jul 2, 2024

Assembly Standing Committee on Public Safety

Senate Floor 2MIN
May 21, 2024

Senate Floor

Senate Standing Committee on Public Safety 12MIN
Apr 16, 2024

Senate Standing Committee on Public Safety

View Older Hearings
Authors shown for version:
Enrolled (8/29/2024)

Bill Author