AB 125 — Revises provisions governing bail. (BDR 14-542)
Last action — (No further action taken.)
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✓Introduced
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2In Committee
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3Passed Assembly
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2019 Regular Session. It reached “In Committee” 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This bill is no longer active — its legislative session has ended, so there are no live odds of enactment.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
AN ACT relating to criminal procedure; prohibiting modification of bail in certain circumstances; revising provisions governing conditions of bail; revising provisions governing the consequences for failing to comply with conditions of bail; making various other changes concerning the manner in which bail is determined, the amount of bail and modifications to bail; and providing other matters properly relating thereto.
Bill Text
What changed in the latest version
328 added · 344 removed328 line(s) added, 344 removed.
(Reprinted with amendments adopted on May 23,24, 2019) FIRSTSECOND REPRINT A.B.
125 AASSEMBLY SSEMBLYBILL BNO ILLN. O.
125–A125–ASSEMBLYMEN SSEMBLYMEN N EAL,EAL FLORES, LORES , UMO AND M CC URDY FFEBRUARY EBRUARY 11, 2019 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions governing bail.
CONTAINS UNFUNDED MANDATE (§ 5) (NOTREQUESTED BAFFECTEDLOCALGOVERNMENT) ~ EXPLANATION – Matter in bolded italics is new;
LegiTheLegThe Nevada Constitution and existing law requires all persons arrested for offenses other than murder of the first degree to be admitted to bail unless certain circumstances apply.
Existing law authorizes the court in which an indictment or information is presented for a felony charge to increase a defendant’s bail and order the defendant to be committed to actual custody if the defendant does not pay the increased amount.modification of the original bail determination if a court has made a determination of bail based on a criminal complaint, the State has elected to present the same case before a grand jury and an indictment has been returned, except in certain circumstances.
(NRSExisting 173.175)law Sectionauthorizes 4a ofcourt, thisbefore billreleasing prohibitsa theperson Statearrested fromfor seeking a ofcrime, bailto basedimpose onsuch areasonable criminalconditions complaint,on the Stateperson hasas electedit todeems presentnecessary theto sameprotect caseappear beforeat aall grandtimes jury and anplaces indictmentordered hasby beenthe returned,court. except in certain circumstances.
Existing law authorizes a court, before releasing a person arrested for a crime, to impose such reasonable conditions on the person as it deems necessary to protect the health, safety and welfare of the community and to ensure that the person will appear at all times and places ordered by the court.
- *AB125_R1* – 2 – (NRS 178.484) Section 5 of this bill provides that:
(1) unless a defendant is automatically released pursuant to an administrative order adopted by the court, a magistrate is required to review the custody status of a defendant in accordance - *AB125_R2* – 2 – with certain procedures as soon as practicable after a defendant is taken into custody, but not later than 48 hours, including nonjudicial days, after the defendant is taken into custody;
(2) each court is required to adopt an administrative order that provides for the release of defendants who are arrested without a warrant before makeholding availablea toreview the public an order containing written policies and procedurest and concerning reviews of thetheir custody statusstatus; of defendants.
Sectionand 5(3) alsoeach setscourt forthis arequired priorityto foradopt conditionsand ofmake releaseavailable into the followingpublic order:an order containing written policies and procedures concerning reviews of the custody status of defendants.
(1)Section own5 recognizancealso sets forth a release with no additional conditions other than the promise of good behavior and the promise to appear in court as required;
Additionally, section 5 provides that during any proceeding in which the court reviews the custody status of a defendant, there is a rebuttable presumption that the defendant should be released on his or her own recognizance and that monetary bail should be imposed as a condition of release only when the magistrate determines appearthat inno courtother asconditions required.releaseof release will adequatelyreasonably ensure that the defendant will Sectionappear 5 further removes certain specified amounts of monetary bail in existingcourt lawas forrequired. certain offenses involving domestic violence and for violating certain temporary or extended orders for protection.
(SeeSection NRS5 178.484)further Existingremoves lawcertain authorizesspecified aamounts court, after providing the person with reasonable notice and an opportunity for a hearing, to deem failure to comply with a condition of monetary bail asin acertain contempttemporary or increaseextended theorders amountfor ofprotection. bail.
(NRS(See 178.484)NRS Section178.484)violating 5Existing law authorizes thea courtcourt, toafter alsoproviding modify any condition of release, require any additional condition of release or set or increase the amountperson ofwith monetaryreasonable bail after conducting a rExisting law requires notice toand thean bailopportunity agentfor of a suretyhearing, bondto beforedeem releasingfailure theto defendantcomply for whom it was issued when the defendant was charged with thea commissioncondition of a category A or B felony and after being admitted to bail onas thea suretycontempt bondor isincrease taken into custody in the sameamount jurisdiction,of charged with another such felony and ordered to be released from custody without bail.
(NRS 178.4855)178.484) Section 65 ofauthorizes this bill removes the requirementcourt of notice to thealso bondmodify agentany andcondition insteadof requires,release, underrequire suchany circumstances,additional thecondition defendantof torelease haveor hisset or herincrease custodythe statusamount renewed,of whichmonetary maybail resultafter inconducting thea additionreview orof modificationthe ofcustody conditionsstatus of release.a defendant.
existingExisting law allowsrequires thenotice defendant’sto the bail agent of a surety bond before releasing the defendant for whom it was issued when the defendant was charged with the surety bond is taken into custody in the same jurisdiction, charged with another such felony and ordered to be revokedreleased followingfrom acustody hearing.without bail.
(NRS 178.4855) Section 6 of this bill removes the requirement of notice to the bond agent and instead requires, under such circumstances, the defendant to have his or her custody status reviewed which may result in the addition or modification of conditions of release.
If a defendant released on bail commits a felony during the period of release, existing law allows the defendant’s bail to be revoked following a hearing.
(NRS 178.487) Section 7 of this bill requires the magistrate under such circumstances to conduct a review of the custody status of the defendant as soon as practicable and within 48 hours, excluding nonjudicial days, to the extent possible.
(1) a magistrate may only impose monetary bail or a secured bond if no nonmonetary conditions will ensure reasonably the appearance of a defendant and the safety of the community;
(2) the amount of the monetary bail or secured bond must be based on the financial resources of the defendant and must be set as necessary to ensure (3) the magistrate must make findings as to the reasoning underlying the specific amount set and the relationship of that amount to ensuring reasonably the appearance of the defendant and the safety of the community;community.
andSection (3)8 thealso magistrateprohibits mustdetaining makea findingsdefendant aswho tois theeligible reasoningfor underlyingpretrial therelease specificsolely amountbecause set- and*AB125_R2* the– relationship3 of– that amount to ensuring reasonably the -defendant *AB125_R1*is –financially 3incapable – appearance of paying the defendantamount andof theany safetymonetary ofbail theor community.secured bond.
Section 8 also prohibits detaining a defendant who is eligible for pretrial release solely because the defendant is financially incapable of paying the amount of any monetary bail or secured bond.
(1) a district court or justice court may, at any time after setting bail and before acquittal or conviction, increase the amount of the defendant’s bail for good cause shown;
and (2) if the defendant has been released from178.499) custody,Section the9 defendantof mustthis paybill theinstead increasedallows baila ormagistrate return to custody.consider aody.
(NRS 178.499) Section 9 of this bill instead allows a magistrate to consider a modification of bail upon notice and a showing of good cause, including, without limitation, the addition, modification, suspension or cancellation of any condition or Sectionscombination 2,of 3conditions and 10-14 of thisbail. bill make conforming changes.
Sections 2, 3 and 10-14 of this bill make conforming changes.
Except as otherwise provided in NRS 178.484 and 178.487, [where] if the defendant can be admitted to bail without appearing personally before a magistrate [,] pursuant to an administrative order adopted by the court pursuant to NRS 178.484, the defendant - *AB125_R1**AB125_R2* – 4 – must be so admitted with the least possible delay, and required to appear before a magistrate at the earliest convenient time thereafter.
173.175 [When the indictment or information is for a felony and the defendant before the filing thereof has given bail for the defendant’s appearance to answer the charge, the court in which the - *AB125_R1**AB125_R2* – 5 – indictment or information is presented, or in which it is pending, may order the defendant to be committed to actual custody unless the defendant gives bail in an increased amount, to be specified in the order.] 1.
A person arrested for murder of the first degree may be admitted to bail unless the proof is evident or the presumption great by any competent court or magistrate authorized by law to do so in - *AB125_R1**AB125_R2* – 6 – the exercise of discretion, giving due weight to the evidence and to the nature and circumstances of the offense.
- *AB125_R1**AB125_R2* – 7 – (1) One previous conviction of battery that constitutes domestic violence pursuant to NRS 33.018 and there is reason to believe that the battery for which the person has been arrested resulted in substantial bodily harm or was committed by strangulation;
- *AB125_R1**AB125_R2* – 8 – (a) Three thousand dollars, if the person has no previous convictions of violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or of violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, or of violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591, or of violating a temporary or extended order for protection against sexual assault pursuant to NRS 200.378;
For the purposes of this subsection, a person shall be deemed to have a previous conviction of violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or of violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, or of violating a temporary or extended order for protection against - *AB125_R1**AB125_R2* – 9 – stalking, aggravated stalking or harassment issued pursuant to NRS 200.591, or of violating a temporary or extended order for protection against sexual assault pursuant to NRS 200.378, if the person has been convicted of such an offense in this State or has been convicted of violating a law of any other jurisdiction that prohibits the same or similar conduct.
and - *AB125_R1**AB125_R2* – 10 – (c) If the person fails to appear when so ordered and is taken into custody outside of this State, the person waives all rights relating to extradition proceedings.
Each court in this State shall, after consulting with interested groups, organizations and persons in the jurisdiction, adopt an administrative order that provides for the release, under - *AB125_R1**AB125_R2* – 11 – certain circumstances, of defendants who are arrested without a warrant, before a review of the custody status of a defendant is conducted and without the imposition of any conditions of release other than the promise of good behavior and the promise to appear in court as required.
If the court decides to change the policies and procedures adopted - *AB125_R1**AB125_R2* – 12 – pursuant to this subsection, the court shall provide notice of the changes to the public at least 30 days before the changes take effect.
In considering whether nonfinancial conditions should be imposed, the magistrate shall - *AB125_R1**AB125_R2* – 13 – consider the relation of such conditions to the charges against the defendant, the likelihood that the defendant will willfully fail to appear and the safety of an alleged victim and the community.
A defendant arrested for a violation of NRS 484C.110, 484C.120, 484C.130, 484C.430, 488.410, 488.420 or 488.425 who is under the influence of a controlled substance, is under the - *AB125_R1**AB125_R2* – 14 – combined influence of intoxicating liquor and a controlled substance or inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders the defendant incapable of safely driving or exercising actual physical control of a vehicle or vessel under power or sail must not be admitted to bail or released on his or her own recognizance sooner than 12 hours after arrest.
Show all 110 changed lines (70 more)
- *AB125_R1**AB125_R2* – 15 – 17.
Each court shall compile a report on decisions made during reviews of the custody status of defendants pursuant to this section.
The report must include, with respect to each defendant, data on the race, age and gender of the defendant, the charge or charges against the defendant, the number of days the defendant was in custody before the decision was made, the amount of any supervision, if any, relating to the defendant and the magistratef who made the decision.
Each court shall, on or before April 1 of subsection to the Director of the Legislative Counsel Bureau for distribution to the Legislature or, if the Legislature is not in session, to the Legislative Commission.
19.
20.19.
As used in this section, [“strangulation” has the meaning ascribed to it in NRS 200.481.] “own recognizance release” means release upon giving an oral promise to appear with no monetarymonetaryns conditions attached.
Sec.178.4855 A defendant charged with the commission of allows:
6.category A or B felony who is admitted to bail on a surety bond and who:
NRS1. 178.4855 is hereby amended to read as follows:
178.4855 A defendant charged with the commission of a category A or B felony who is admitted to bail on a surety bond and who:
- *AB125_R1* – 16 – 1.
Every release on bail with or without security is conditioned upon the defendant’s good behavior while so released, and upon a showing that the proof is evident or the presumption - *AB125_R2* – 16 – great that the defendant has committed a [felony] crime listed in subsection 2 during the period of release, the defendant’s bail may be revoked, after [a hearing,] a review of the custody status of the defendant that follows the requirements set forth in NRS 178.484, by the magistrate who allowed it or by any judge of the court in which the original charge is pending.
Pending such revocation, the defendant may be held without bail by order of the magistrate before whom the defendant is brought after an arrest upon the second ofcharge. the defendant as soon as practicable and within 48 hours, status excluding nonjudicial days to the extent possible, but in any case has been so reviewed.t be released until his or her custody status 2.
The magistrate shall conduct a review of the custody status of the defendant as soon as practicable and within 48 hours, excluding nonjudicial days to the extent possible, but in any case the defendant must not be released until his or her custody status has been so reviewed.
2.
(c) A violation of a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought an order or injunction is in the nature of a temporary or extended order for protection against domestic violence if it grants relief pursuant to titleNRS 1133.017 to 33.100, inclusive.ed order issued (d) A violation of NRS.a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591.
For the purposes of this paragraph, an order or injunction is in the nature of a temporary or extended order for protection against domestic violence if it grants relief that might be given in a temporary or extended order issued pursuant to NRS 33.017 to 33.100, inclusive.
- *AB125_R1* – 17 – (d) A violation of a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591.
- *AB125_R2* – 17 – 3.] The character of the defendant;
The amount of any monetary bail or secured bond set pursuant to subsection 1 must be based upon the financial resources of the defendant and set as necessary to ensure reasonably the appearance of the defendant and the safety of the community.
The magistrate shall make findings as to thety of the reasoning underlying the specific amount set and the relationship personof andthat amount to ensuring reasonably the safetyappearance of the community.heperson appearanceand the safety of the 3.community.
3.
If the defendant has been released on bail before the time when the motion to increase bail is granted, the defendant shall either return to custody or give the additional amount of bail.] Upon notice and a showing of good cause, a magistrate may consider aa] Upon modification of bail, including, without limitation, the addition, modification, suspension or cancellation of any condition or - *AB125_R1* – 18 – combination of conditions of bail imposed upon a person charged with a public offense.
and (2) Arising from a later charge, filed before the expiration of the periods provided in subsection 4, which is substantially similar - *AB125_R2* – 18 – to the charge upon which monetary bail was first [given] paid and is based upon the same act or omission as that charge;
[admitted]3. required to pay monetary bail is transferred to anothern trial court, the bond or undertaking must be transferred to the clerk of 4.e cIf the action or proceeding against a defendant who has been [admitted] required to pay monetary bail is dismissed, the monetary bail must not be exonerated until a period of 30 days has elapsed from the entry of the order of dismissal unless the defendant requests that the monetary bail be exonerated before the expiration of the 30-day period.
If an action or proceeding against a defendant who has been [admitted] required to pay monetary bail is transferred to another trial court, the bond or undertaking must be transferred to the clerk of the court to which the action or proceeding has been transferred.
4.
If the action or proceeding against a defendant who has been [admitted] required to pay monetary bail is dismissed, the monetary bail must not be exonerated until a period of 30 days has elapsed from the entry of the order of dismissal unless the defendant requests that the monetary bail be exonerated before the expiration of the 30-day period.
If, within the periods provided in subsection 4, the defendant is charged with a public offense arising out of the same act or omission supporting the charge upon which monetary bail was first [given,] required to be paid, the prosecuting attorney shall forthwith notify the clerk of the court where the bond was posted, the forthwith monetary bail must be applied to the public offense later charged, and the bond or undertaking must be transferred to the clerk of the - *AB125_R1* – 19 – appropriate court.
178.532 The court to which the committing magistrate shall return the depositions and statement, or in which an indictment or information or an appeal is pending, or to which a judgment on appeal is remitted to be carried into effect, may, by an order to be entered on its minutes, direct the arrest of the defendant and commitment to the officer to whose custody the defendant was - *AB125_R2* – 19 – committed at the time of giving bail, and the defendant’s detention until legally discharged, in the following cases:
defendant’s2. bail, or either of them, are dead, or insufficient, or have removed from the State.
casesWhen providedit insatisfactorily NRSappears 173.175.]to forthe acourt felonythat and the defendantndefendant’s thebail, paidor monetaryeither bailof beforethem, theare indictmentdead, wasor foundinsufficient, or thehave informationremoved wasfrom filed.the State.
3.
Upon an indictment being found or information filed [in the cases provided in NRS 173.175.] for a felony and the defendant paid monetary bail before the indictment was found or the information was filed.
178.5698police 1.shall, upon the request of a victim or witness, inform the victim or witness:
Thebefore prosecutingor attorney,during sheriffthe ortrial, chiefincluding, ofwithout policelimitation, shall,when upon the requestdefendant ofis areleased victimpending trial or witness,subject informto theelectronic victimsupervision; or witness:
- *AB125_R1* – 20 – (a) When the defendant is released from custody at any time before or during the trial, including, without limitation, when the defendant is released pending trial or subject to electronic supervision;
- *AB125_R2* – 20 – (2) The form that the witness must use to request notification in writing;
and (3) The form or procedure that the witness must use to provide a change of address after a request for notification has been sub(b)submitted. To each person listed in subsection 4, documentation that includes:
pursuant(b) toTo subsectioneach 5person orlisted 6in andsubsection NRS4, 176.015,documentation 176A.630,notifiedthat 178.4715,includes: 209.392, 209.3925, 209.521, 213.010, 213.040, 213.095 and 213.131 or NRS 213.10915;
(1) A form advising the person of the right to be notified pursuant to subsection 5 or 6 and NRS 176.015, 176A.630, 178.4715, 209.392, 209.3925, 209.521, 213.010, 213.040, 213.095 and 213.131 or NRS 213.10915;
(d)killed Eachas survivinga spouse,direct parentresult andof childthe commission of the offense.who is (e) A relative of a person wholisted isin killedparagraphs as(a) ato direct(d), resultdocumentation.the ofrelative therequests commissionin ofwriting to be provided with the offense.5.
- *AB125_R1* – 21 – (e) A relative of a person listed in paragraphs (a) to (d), inclusive, if the relative requests in writing to be provided with the documentation.
5.
- *AB125_R2* – 21 – 7.
The warden must not be held responsible for any injury proximately caused by the failure to give any notice required pursuant to this section if no address was provided to the warden or if 8.ethe aAsaddress usedprovided inis thisinaccurate section:urate or not current.
(a)8. “Immediate family” means any adult relative of the victim liv(b) “Sexual offense” means:ld.
As used in this section:
(a) “Immediate family” means any adult relative of the victim living in the victim’s household.
(b) “Sexual offense” means:
- *AB125_R1* – 22 – (12) Luring a child or a person with mental illness pursuant to NRS 201.560, if punished as a felony;
The(Deleted provisionsby ofamendment.) subsectionSec. 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
additional16. expenses of a local government that are related to the provisions of this act.
(Deleted by amendment.) Sec.
arr1.tarrest Uponfor aviolation showing of goodcondition. cause, a court may release without bail any person entitled to bail if it appears to the court that it can impose conditions on the person that will adequately protect the health, safety and welfare of the community and ensure that the person will appear at all times and places ordered by the court.
1.
Upon a showing of good cause, a court may release without bail any person entitled to bail if it appears to the court that it can impose conditions on the person that will adequately protect the - *AB125_R2* – 22 – health, safety and welfare of the community and ensure that the person will appear at all times and places ordered by the court.
In releasing a person without bail, the court may impose such conditions as it deems necessary to protect the health, safety and welfare of the community and to ensure that the person will appear at all times and places ordered by the court, including, without limitation, any condition set forth in subsection 11 of NRS 178.484.
(a) The person will appear at all times and places as ordered by whichthe court releasing the chargeperson isand subsequentlyas heard;rderedordered by any court before (b) The person will comply with the other conditions which have been imposed by the courtcharge andis aresubsequently statedheard; in the document;
-(b) *AB125_R1*The –person 23will –comply (c)with the other conditions which hav(c) If the person fails to appear when so ordered and is taken into custody outside of this State, the person waives all rights relating to extradition proceedings;
and (d) The person understands that any court of competent jurisdiction may revoke the order of release without bail and may order the person into custody or require the person to furnish bail or otherwise ensure the protection of the health, safety and welfare of the community or the person’s appearance.
An order issued pursuant to this section that imposes a condition on a person who is released without bail must include a provision ordering a law enforcement officer to arrest the person if the law enforcement officer has probable cause to believe that the personper178.4853 hasFactors violatedconsidered abefore conditionrelease ofwithout release.bail.
178.4853In Factorsdeciding consideredwhether beforethere is good cause to release a person without bail.bail, the court at a minimum shall consider the following factors concerning the person:
In1. deciding whether there is good cause to release a person without bail, the court at a minimum shall consider the following factors con1.
- *AB125_R2* – 23 – 5.
6.would vouch for the reliability of the person;he community who 7.
The identity of responsible members of the community who would vouch for the reliability of the person;
7.
H - *AB125_R1**AB125_R2*
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Amendments
2 amendmentsClick Show changes on an amendment above to see how it modifies the bill.
Action History
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(No further action taken.)
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From printer. To reengrossment. Reengrossed. Second reprint. To Senate. In Senate. Read first time. Referred to Committee on Judiciary. To committee.
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From printer. To engrossment. Engrossed. First reprint. Read third time. Amended. (Amend. No. 891.) Dispensed with reprinting. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 27, Nays: 12, Excused: 2, Vacant: 1.) To printer.
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From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 778.) To printer.
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Waiver granted effective: April 12, 2019.
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From printer. To committee.
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Read first time. Referred to Committee on Judiciary. To printer.
Sponsors
- Assemblywoman Dina Neal · Primary
- Assemblyman Edgar Flores · Primary
- William McCurdy II · Primary
Sponsorship breakdown
Export CSV (upgrade) →3 sponsors · 0 co-sponsors · 64 not signed on
Sponsors (3)
- Assemblywoman Dina Neal
- Assemblyman Edgar Flores
- William McCurdy II
Co-sponsors (0)
None.
Not signed on (64)
64 members have not signed on to this bill.
Show all 64 →"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.
Subjects
Frequently asked questions
- What does AB 125 do?
- AN ACT relating to criminal procedure; prohibiting modification of bail in certain circumstances; revising provisions governing conditions of bail; revising provisions governing the consequences for failing to comply with conditions of bail; making various other changes concerning the manner in which bail is determined, the amount of bail and modifications to bail; and providing other matters properly relating thereto.
- Who sponsors AB 125?
- AB 125 is sponsored by Assemblywoman Dina Neal, Assemblyman Edgar Flores, and William McCurdy II.
- What is the current status of AB 125?
- This bill died with 2019 Regular Session. It reached “In Committee” 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 AB 125?
- Track AB 125 free on One Click Politics — get push/email alerts when it moves.
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