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CA SCA13

CA

Status

Failed

11/30/2016

Primary Sponsor

Janet Nguyen

Click for details

Origin

Senate

2015-2016 Session

AI Summary

  • Proposes constitutional amendment to expand exceptions to the right to bail for certain sex offenses against minors, specifically felony sexual assault offenses and other sex offenses under the Sex Offender Registration Act committed against minors.

  • Adds four specific sex offenses against minors as bail exceptions: oral copulation, lewd and lascivious acts with a minor, arranging a meeting with a minor for lewd purposes, and attempts to commit these acts.

  • Requires courts to find based on preponderance of the evidence (lower standard than existing "clear and convincing evidence") that there is substantial likelihood the person will flee if released and that no conditions can ensure their appearance at trial.

  • Retains existing bail exceptions for capital crimes, violent felonies, and felonies involving threats of great bodily harm, which continue to require "clear and convincing evidence" standard.

  • Requires two-thirds vote in both chambers for passage and voter approval to amend the California Constitution.

Legislative Description

Bail: risk of flight exception.

Last Action

From committee without further action.

11/30/2016

Committee Referrals

Public Safety4/28/2016
Rules4/12/2016

Full Bill Text

No bill text available