California 2021-2022 Regular Session Status: Passed Senate 1 D cosponsors

SB 262 — Bail.

Last action — Read third time. Refused passage.

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

This bill died with 2021-2022 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This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

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 Text

Action History

  1. Read third time. Refused passage.

  2. Ordered to third reading.

  3. Read third time and amended.

  4. Ordered to third reading.

  5. From inactive file.

  6. Notice of intention to remove from inactive file given by Assembly Member Bauer-Kahan.

  7. Ordered to inactive file on request of Assembly Member Chau.

  8. Ordered to third reading.

  9. Read third time and amended.

  10. Read second time. Ordered to third reading.

  11. Read second time and amended. Ordered to second reading.

  12. From committee: Do pass as amended. (Ayes 11. Noes 4.) (August 26).

  13. August 19 set for first hearing. Placed on suspense file.

  14. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (July 13). Re-referred to Com. on APPR.

  15. Referred to Com. on PUB. S.

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

  17. Read third time. Passed. (Ayes 30. Noes 9. Page 1258.) Ordered to the Assembly.

  18. Read second time. Ordered to third reading.

  19. Read second time and amended. Ordered to second reading.

  20. From committee: Do pass as amended. (Ayes 5. Noes 2. Page 1185.) (May 20).

  21. Set for hearing May 20.

  22. April 5 hearing: Placed on APPR suspense file.

  23. Set for hearing April 5.

  24. 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.

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

  26. Set for hearing March 23.

  27. Joint Rule 55 suspended. (Ayes 32. Noes 4. Page 272.)

  28. (Ayes 32. Noes 4.)

  29. Art. IV. Sec. 8(a) of the Constitution dispensed with.

  30. Referred to Com. on PUB. S.

  31. From printer. May be acted upon on or after February 27.

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

Sponsors

  • Hertzberg · Primary
  • Skinner · Cosponsor
  • Bonta · Cosponsor
  • Bradford · Cosponsor
  • Scott D. Wiener · Cosponsor

Sponsorship breakdown

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1 sponsors · 4 co-sponsors · 117 not signed on · 18 voted No

Sponsors (1)

  • Hertzberg

Co-sponsors (4)

Not signed on (117)

117 members have not signed on to this bill.

Show all 117 →

"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 as amended, but first amend, and re-refer to the Committee on [Appropriations]

Passed 6 Yea · 2 Nay
Party YeaNayPresentNot Voting
Democratic 4000
Unaffiliated 2000
Republican 0200
Total 6200
% of votes cast 75%25%0%0%
How each member voted (8)
Member Party Vote
Glazer — Yea
Skinner — Yea
Blakespear, Catherine S. Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Nay
Seyarto, Kelly Republican Nay

Official roll call →

SB 262 Hertzberg Senate Third Reading By Bauer-Kahan

Failed 32 Yea · 29 Nay · 19 Other
Party YeaNayPresentNot Voting
Democratic 174011
Unaffiliated 151608
Republican 0900
Total 3229019
% of votes cast 40%36%0%24%
How each member voted (80)
Member Party Vote
Mullin — Yea
Jones-Sawyer — Yea
Santiago — Yea
Quirk — Yea
Wood — Yea
Ting — Yea
O'Donnell — Yea
Levine — Yea
McCarty — Yea
Voepel — Nay
Cooley — Nay
Mathis — Nay
Bigelow — Nay
Holden — Nay
Villapudua — Nay
Salas — Nay
Rodriguez — Nay
Kiley — Nay
Medina — Nay
Gray — Nay
Smith — Nay
Bloom — Yea
Friedman — Yea
Rendon — Yea
Cunningham — Nay
Cooper — Nay
Maienschein — Not Voting
Mayes — Not Voting
Nazarian — Not Voting
Low — Not Voting
Waldron — Not Voting
Daly — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Not Voting
Jim Patterson — Nay
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Nay
Wendy Carrillo — Not Voting
Aguiar-Curry, Cecilia M. Democratic Not Voting
Alvarez, David Democratic Not Voting
Arambula, Joaquin Democratic Not Voting
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Not Voting
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Not Voting
Cervantes, Sabrina Democratic Not Voting
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Not Voting
Grayson, Timothy S. Democratic Not Voting
Haney, Matt Democratic Yea
Irwin, Jacqui Democratic Nay
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Not Voting
Nguyen, Stephanie Democratic Nay
Petrie-Norris, Cottie Democratic Nay
Quirk-Silva, Sharon Democratic Not Voting
Ramos, James C. Democratic Nay
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Not Voting
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay
Seyarto, Kelly Republican Nay
Valladares, Suzette Martinez Republican Nay

Official roll call →

Do pass as amended.

Passed 11 Yea · 4 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 6200
Democratic 5001
Republican 0200
Total 11401
% of votes cast 69%25%0%6%
How each member voted (16)
Member Party Vote
Levine — Yea
Quirk — Yea
Chau — Yea
Bigelow — Nay
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Vince Fong — Nay
Wendy Carrillo — Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Not Voting
Gabriel, Jesse Democratic Yea
Kalra, Ash Democratic Yea
Rivas, Robert Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay

Official roll call →

Do pass and be re-referred to the Committee on [Appropriations]

Passed 5 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 3000
Democratic 2001
Republican 0200
Total 5201
% of votes cast 63%25%0%13%
How each member voted (8)
Member Party Vote
Jones-Sawyer — Yea
Quirk — Yea
Santiago — Yea
Bauer-Kahan, Rebecca Democratic Not Voting
Lee, Alex Democratic Yea
Wicks, Buffy Democratic Yea
Lackey, Tom Republican Nay
Seyarto, Kelly Republican Nay

Official roll call →

3rd Reading SB262 Hertzberg et al.

Passed 30 Yea · 9 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 18500
Democratic 12001
Republican 0400
Total 30901
% of votes cast 75%23%0%3%
How each member voted (40)
Member Party Vote
Borgeas — Nay
Nielsen — Nay
Glazer — Yea
Atkins — Yea
Wieckowski — Yea
Roth — Yea
Bradford — Yea
Min — Yea
Dodd — Yea
Rubio — Yea
Newman — Yea
Kamlager — Yea
Skinner — Yea
Hueso — Yea
Gonzalez — Yea
Portantino — Yea
Pan — Yea
Eggman — Yea
Leyva — Yea
Hertzberg — Yea
Melendez — Nay
Bates — Nay
Wilk — Nay
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Not Voting
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Ochoa Bogh, Rosilicie Republican Nay

Official roll call →

Do pass as amended

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4100
Democratic 1000
Republican 0100
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Wieckowski — Yea
Kamlager — Yea
Portantino — Yea
Bradford — Yea
Bates — Nay
Laird, John Democratic Yea
Jones, Brian W. Republican Nay

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 1000
Unaffiliated 5000
Republican 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Portantino — Yea
Kamlager — Yea
Bradford — Yea
Bates — Yea
Wieckowski — Yea
Laird, John Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

public-safety
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Frequently asked questions

What does SB 262 do?
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.
Who sponsors SB 262?
SB 262 is sponsored by Hertzberg, Skinner, Bonta, Bradford, and Wiener, Scott D. (Democratic).
What is the current status of SB 262?
This bill died with 2021-2022 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 262?
Track SB 262 free on One Click Politics — get push/email alerts when it moves.

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