California 2013-2014 Regular Session Status: Passed Senate

SB 210 — Criminal procedure: pretrial release.

Last action — From Assembly without further action.

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2013-2014 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(1) Existing law requires a judge or magistrate, in setting, reducing, or denying bail, to take into consideration the protection of the public, the seriousness of the offense, the defendant's previous criminal record, and the probability of the defendant appearing at trial or a hearing. This bill would revise the factors that the judge or magistrate would be required to consider to, among other things, require the judge or magistrate to consider the history and circumstances of the defendant, and to consider the nature and circumstances of the offense. The bill would require a judge or magistrate to also consider those factors when determining conditions for pretrial release. (2) Existing law authorizes a court, with the concurrence of the county board of supervisors, to employ an investigative staff for the purpose of recommending whether a defendant should be released on his or her own recognizance. In cases involving certain crimes, including violent felonies, an investigative report is required to be prepared that includes specified information, including outstanding warrants against the defendant and prior incidents where the defendant has failed to make a court appearance. This bill would also authorize a sheriff, county probation department, or other local governmental agency, with the concurrence of the board of supervisors, to employ an investigative staff for those purposes, and would require a pretrial investigative report to be prepared before a court may order a defendant released on his or her own recognizance in any case involving specified crimes, including a violent felony. The bill would authorize the preparation of a pretrial investigation report in all other cases in which a court, sheriff, county probation department, or other local governmental agency has employed an investigative staff to recommend whether the defendant should be released on his or her own recognizance. The bill would require any pretrial investigative report to include the results of an evidence-based pretrial risk assessment, as defined, evaluating the defendant's probability of appearing at trial and potential risk to public safety. The bill would prohibit, for purposes of preparing the report, a defendant from being interviewed about the facts and circumstances of the defendant's current offense. The bill would authorize a court, sheriff, county probation department, or other local governmental agency, with the concurrence of the board of supervisors, to employ supervision staff to monitor a defendant's compliance with release conditions ordered by the court, as specified.

Bill Text

Action History

  1. From Assembly without further action.

  2. Died on the inactive file.

  3. Ordered to inactive file on request of Assembly Member V. Manuel Pérez.

  4. Ordered to third reading.

  5. Read third time and amended. (Page 6338.)

  6. Read second time. Ordered to third reading.

  7. From committee: Do pass. (Ayes 5. Noes 2.) (June 17).

  8. From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.

  9. Set, first hearing. Hearing canceled at the request of author.

  10. Referred to Com. on PUB. S.

  11. In Assembly. Read first time. Held at Desk.

  12. Read third time. Passed. (Ayes 25. Noes 9. Page 2684.) Ordered to the Assembly.

  13. Read second time and amended. Ordered to third reading.

  14. From committee: Do pass as amended. (Ayes 5. Noes 1. Page 2644.) (January 23).

  15. Set for hearing January 23.

  16. Placed on APPR. suspense file.

  17. Set for hearing January 21.

  18. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1. Page 2591.) (January 14). Re-referred to Com. on APPR.

  19. Set for hearing January 14.

  20. Referred to Coms. on PUB. S. and APPR.

  21. From printer. May be acted upon on or after March 14.

  22. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Hancock · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 2 voted No

Sponsors (1)

  • Hancock

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Do pass.

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5200
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Ammiano — Yea
Quirk — Yea
Jones-Sawyer — Yea
Melendez — Nay
Skinner — Yea
Waldron — Nay
Mark Stone — Yea

Official roll call →

3rd Reading

Passed 25 Yea · 9 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 22905
Democratic 3000
Total 25905
% of votes cast 64%23%0%13%
How each member voted (39)
Member Party Vote
Hueso — Yea
Lieu — Yea
Liu — Yea
Steinberg — Yea
Torres — Yea
Walters — Nay
Wyland — Nay
Evans — Yea
DeSaulnier — Yea
Hernandez — Yea
Leno — Yea
Beall — Yea
Mitchell — Yea
Wright — Not Voting
De León — Yea
Cannella — Not Voting
Fuller — Nay
Hancock — Yea
Corbett — Yea
Hill — Yea
Correa — Not Voting
Huff — Nay
Knight — Nay
Lara — Yea
Monning — Yea
Nielsen — Not Voting
Pavley — Yea
Roth — Not Voting
Anderson — Nay
Block — Yea
Vidak — Nay
Wolk — Yea
Galgiani — Yea
Yee — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Do pass as amended.

Passed 5 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4101
Democratic 1000
Total 5101
% of votes cast 71%14%0%14%
How each member voted (7)
Member Party Vote
Hill — Yea
Walters — Not Voting
De León — Yea
Lara — Yea
Steinberg — Yea
Beth Gaines — Nay
Padilla, Stephen C. Democratic Yea

Official roll call →

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 210 do?
(1) Existing law requires a judge or magistrate, in setting, reducing, or denying bail, to take into consideration the protection of the public, the seriousness of the offense, the defendant's previous criminal record, and the probability of the defendant appearing at trial or a hearing. This bill would revise the factors that the judge or magistrate would be required to consider to, among other things, require the judge or magistrate to consider the history and circumstances of the defendant, and to consider the nature and circumstances of the offense. The bill would require a judge or magistrate to also consider those factors when determining conditions for pretrial release. (2) Existing law authorizes a court, with the concurrence of the county board of supervisors, to employ an investigative staff for the purpose of recommending whether a defendant should be released on his or her own recognizance. In cases involving certain crimes, including violent felonies, an investigative report is required to be prepared that includes specified information, including outstanding warrants against the defendant and prior incidents where the defendant has failed to make a court appearance. This bill would also authorize a sheriff, county probation department, or other local governmental agency, with the concurrence of the board of supervisors, to employ an investigative staff for those purposes, and would require a pretrial investigative report to be prepared before a court may order a defendant released on his or her own recognizance in any case involving specified crimes, including a violent felony. The bill would authorize the preparation of a pretrial investigation report in all other cases in which a court, sheriff, county probation department, or other local governmental agency has employed an investigative staff to recommend whether the defendant should be released on his or her own recognizance. The bill would require any pretrial investigative report to include the results of an evidence-based pretrial risk assessment, as defined, evaluating the defendant's probability of appearing at trial and potential risk to public safety. The bill would prohibit, for purposes of preparing the report, a defendant from being interviewed about the facts and circumstances of the defendant's current offense. The bill would authorize a court, sheriff, county probation department, or other local governmental agency, with the concurrence of the board of supervisors, to employ supervision staff to monitor a defendant's compliance with release conditions ordered by the court, as specified.
Who sponsors SB 210?
SB 210 is sponsored by Hancock.
What is the current status of SB 210?
This bill died with 2013-2014 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 210?
Track SB 210 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 210

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of SB 210

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →