AB 42 - Amends Money Bail Procedures - California Key Vote


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Title: Amends Money Bail Procedures

Vote Smart's Synopsis:

Vote to pass a bill that makes changes to the money bail system.



  • Requires all defendants to be taken before a magistrate without unnecessary delay (Sec. 4).

  • Authorizes the individual or entity in charge of a jail to approve and sign a pretrial release order without the collection of money bail (Sec. 8).

  • Requires the Department of Corrections to conduct a risk assessment of individuals before they are released without bail (Sec. 8).

  • Prohibits defendants in violent felony cases from being released from jail before seeing a judge or magistrate (Sec. 8).

  • Establishes that if no pretrial report is available for an individual, they are to be released without bail under the terms of a pretrial agreement (Sec. 8).

  • Authorizes judges and magistrates to set money bail for individuals who they reasonably believe will not likely appear in court as required (Sec. 8).

  • Prohibits judges from setting bail that results in detention due to an individual’s inability to pay bail (Sec. 14).

  • Authorizes prosecuting attorneys to file a motion for pretrial detention if (Sec. 16):

    • The defendant is charged with a capital crime;

    • The defendant is charged with a violent felony;

    • Any relevant history corresponds to a likely result of bodily harm to others; or

    • There is no set of conditions that would reasonably assure the safety of the threatened individual.

  • Requires each county to establish a pretrial services agency (Sec. 27).

  • Prohibits pretrial risk assessments from factoring into their reports a defendant’s race, national origin, immigration status, gender, religion, sexual orientation, or prior criminal history (Sec. 29).