Title

BAIL.

Proposition Summary

BAIL. LEGISLATIVE CONSTITUTIONAL AMENDMENT. Adds provisions to the Constitution prohibiting release of persons on bail when court makes specified findings. Release on felony offenses is prohibited where: (1) Acts of violence on another person are involved and court finds substantial likelihood the person's release would result in great bodily harm to others. (2) The person has threatened another with great bodily harm and court finds substantial likelihood the person would carry out the threat. In fixing bail, requires court to consider seriousness of offense, previous criminal record, and probability of appearance at trial. Retains existing provisions regarding releases on bail. Summary of Legislative Analyst's estimate of net state and local government fiscal impact: By broadening the circumstances under which bail could be denied, would increase jail and bail hearing costs of local governments. Due to credit received for jail time while awaiting trial, there could be offsetting savings as a result of less time having to be spent in jail or prison if person later sentenced.

Proposition Number

4

Year

1982

Document Type

Proposition

Pass/Fail

Pass

Legislative Vote Results

Assembly - Ayes, 71; Noes, 0 -- Senate - Ayes, 27; Noes, 1

Popular Vote Results

Y: 4278709; A: 82.8; N: 885938; B: 17.2

Election Type

Primary

Proposition Type

Assembly Constitutional Amendment

Relevant Case

Brown v. Borg, No. C-92-1769 MHP: 1992 U.S. Dist. LEXIS 19149, N.D. Cal. 1992; In re York: 9 Cal. 4th 1133, 1995; Brosnahan v. Brown: 32 Cal. 3d 236, 1982; Dant v. Superior Ct. of San Francisco: 61 Cal. App. 4th 380, 1998; In re Bright: 13 Cal. App. 4th 1664, 1993; People v. Cortez: 6 Cal. App. 4th 1202, 1992; In re Wick: 233 Cal. App. 3d 516, 1991; People v. Barrow: 233 Cal. App. 3d 721, 1991; People v. Otto: 4 Cal. App. 4th 1642, 1991; Yoshisato v. Superior Ct.: 3 Cal. App. 4th 1070, 1991; Williams v. County of San Joaquin: 225 Cal. App. 3d 1326, 1990; In re Spitler: 156 Cal. App. 3d 1081, 1984; In re Nordin: 143 Cal. App. 3d 538, 1983; People v. Superior Ct. of Butte County: 135 Cal. App. 3d 1052, 1982; Wilson v. Superior Ct. of Los Angeles County: 134 Cal. App. 3d 173, 1982

Code Sections Affected

Amended Cal. Const. art. I, section 12

For Author

Alister McAlister, Member of the Assembly, 25th District; Robert Presley, State Senator, 34th District; Omer L. Rains, State Senator, 18th District

Against Author

Clifford Anderson, Ph.D., Associate Professor of Philosophy California State University, Sacramento; Brent A. Barnhart, Attorney Legislative Representative, American Civil Liberties Union of Southern California; Michael L. Pinkerton, Attorney Legislative Advocate, California Attorneys for Criminal Justice

Rebuttal Author

Brent A. Barnhart, Attorney Legislative Representative, American Civil Liberties Union of Southern California; Michael L. Pinkerton, Attorney Legislative Advocate, California Attorneys for Criminal Justice

Rebuttal Against Author

Alister McAlister, Member of the Assembly, 25th District; Robert Presley, State Senator, 34th District; Omer L. Rains, State Senator, 18th District

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