SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA 2013 CRIMINAL BAIL SCHEDULE

Transcription

1 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA 2013 CRIMINAL BAIL SCHEDULE

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3 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA 2013 CRIMINAL BAIL SCHEDULE INDEX PAGE Preface... i Bail Schedule Legend... ii Bail and Court Appearance... iii Post and Forfeit Cases... iii Default Bail - Vehicle Code... iii Default Bail - State, City, County Misdemeanors and Infractions... iv Default Bail - Fish and Game... iv Default Bail - Cupertino, Gilroy, Los Gatos...v Default Bail - Santa Clara County Zoning Ordinances... vi Default Bail - City of Santa Clara and Town of Los Gatos Zoning Ordinances... vi Zoning Ordinances Generally... vi Animal Offenses Generally... vi Juvenile Offenses Generally... vi Night Court Assessment... vii Penalty Assessment P.C vii Parking Violations... vii Graduated Bail Traffic Infractions... viii Graduated Bail V.C viii Penalty Assessment Schedule... ix Civil Assessment Note...x

4 TABLE OF CONTENTS BAIL AND PENALTY SCHEDULES FELONY CODES, MISDEMEANOR PENAL CODES, AND OTHER MISDEMEANOR CODES Felony Codes Felony Bail Schedule...1 Misdemeanor Codes Penal Code Boating (Harbors & Navigation, Vehicle Code, California Code of Regulations) Business & Professions Code California Vehicle Code (including bicycles & pedestrians) Excess Weight Chart (V.C & V.C ) Speed Chart California Vehicle Code - Highway Construction or Maintenance Zones Speed Chart (VC 42009) Education Code Election Code Fish & Game Food & Agriculture Forestry Government Code Hazardous Materials (California Code of Regulations) Health and Safety Code Labor Code Public Utilities Code State Parks Unemployment Insurance Code Weights & Measures (Business & Professions Code) Welfare & Institutions Revenue & Taxation...154

5 MUNICIPAL CODES & ORDINANCES (Cities, Towns, County, Mid-peninsula Regional Open Space District-in alphabetical order) Campbell, City of (Municipal Codes) Campbell, City of (Fire Codes) Cupertino, City of Gilroy, City of Los Altos, City of Los Altos Hills, Town of Los Gatos, Town of (Municipal Codes) Los Gatos, Town of (Fire Codes) Midpeninsula Regional Open Space District Milpitas, City of Monte Sereno, Town of Morgan Hill, City of Mountain View, City of Palo Alto, City of San Jose, City of Santa Clara, City of (Municipal Codes) Santa Clara County Building Ordinance Santa Clara County Ordinance (Other than Zoning & Building) Santa Clara Valley Transportation Authority Santa Clara Zoning Ordinance Santa Clara Open Space Authority Saratoga, City of Sunnyvale, City of...234

6 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA CRIMINAL BAIL SCHEDULE HOLDERS OF THE BAIL SCHEDULE Preface The Superior Court of California, County of Santa Clara Bail Schedule is the only authorized schedule for Bail on all non-vehicle code infractions, all misdemeanors and all felonies. JUDICIAL COUNCIL S UNIFORM BAIL AND PENALTY SCHEDULES Vehicle Code Infractions Bail on Vehicle Code infractions is established by the Judicial Council and is published in the Uniform Bail and Penalty Schedules. The only infraction violations to appear in this schedule are those on which the Superior Court has determined a different processing criteria than the Uniform Bail Schedule criteria, or for purposes of clarification. All Other Sections The Uniform Bail and Penalty Schedule is not to be used for determining bail on any other offenses (other than Vehicle Code infractions). LOCAL ORDINANCES Bail is established by the Superior Court for all local ordinance infractions and misdemeanors. Requests for addition deletion or modification of local ordinance offenses must be submitted to Superior Court Administration no later than September 30 th each year Attention: Bail Schedule Coordinator, Director of Criminal and Traffic Division. These requests must be submitted on forms which are available through Superior Court Administration at (408) or at All other requests will be returned. i

7 SUPEROR COURT OF CALIFORNIA COUNTY OF SANTA CLARA CRIMINAL BAIL SCHEDULE OFFENSES BAIL SCHEDULE LEGEND The following legend is applicable throughout the bail schedule. a. Crime Category column: I designates Infraction or M Misdemeanor b. P.A. column: Whether or not a penalty assessment under 1464 of the Penal Code applies is designated by Y Yes or N No for each offense. When Court appearance is mandatory, penalty assessment is not to be added to the bail; however, it shall be added to the fine upon conviction. c. P/C column: Indicates eligibility for dismissal upon presentation of proof of correction. Y =Eligible, N =In-Eligible, M =Mandatory proof of correction. d. File Division column: CR Indicates that the violation is to be filed in the Criminal Division and TR indicates that the violation is to be filed in the Traffic Division e. DMV column: Indicates reporting ability to the Department of Motor Vehicles. Y = Yes, N = No. f. CT Designates court appearance is required. ii

8 BAIL AND COURT REQUIRED Where the bail schedule provides for bail and Court, it is the intent that the defendant be allowed to deposit bail when booked and upon his release be given a mandatory court appearance date; however, when defendant appears in the Clerk s Office, it is the intent that defendant be given a mandatory court appearance without the deposit of bail. APPLIION ON POST AND FORFEIT CASES In the event the Court, on a misdemeanor charge, permits the defendant to post bail and forfeit with no further proceedings, then the applicable penalty assessment shall be added to the bail unless otherwise indicated. VEHICLE CODE Bail for infraction violations of the Vehicle Code is established by the Judicial Council pursuant to PC 1269(b). The Uniform Bail and Penalty Schedule is updated and published annually. All vehicle code infractions have been removed from this bail schedule, except for the violations which have mandatory appearance, or dismissal upon proof of correction criteria which differs from the Uniform Bail Schedule. For violations not specifically listed in the Uniform Bail Schedule, base bail shall be set at: $ PA for misdemeanor offenses; $ PA for infraction offenses; and $ PA for bicycle, pedestrian, motorized scooter, registration and equipment offenses. iii

9 STATE, CITY, COUNTY MISDEMEANORS Bail on all State codes not specifically provided for in this schedule shall be in the amount of $1, with mandatory Court appearance and filed in the Criminal Division. Bail on all City and County Ordinance misdemeanors, not specifically provided for in this schedule shall be in the amount of $ with mandatory court appearance and filed in the Criminal Division. NOTE: Misdemeanor ordinances filed in the Traffic Division shall meet the following criteria: a) Bail not to exceed $ b) No Mandatory Court appearances c) No Juveniles d) No booking required Bail on all Cupertino Municipal Ordinance misdemeanors, excluding Vehicle Code Violations, not specifically provided for in this schedule, shall be in the amount of $ with mandatory Court appearance and filed in the Criminal Division. STATE, CITY, COUNTY INFRACTIONS Bail on all City and County Ordinance infractions, (EXCLUDING FISH AND GAME, COUNTY ZONING ORDINANCES and CITY OF SANTA CLARA ZONING ORDINANCES, CITY OF GILROY MUNICIPAL CODES) and State statute infractions other than vehicle code not specifically provided for in this schedule, shall be in the amount of $50.00, together with the penalty assessment. Ordinance violations classified as infractions, and on which Court appearance is not required by this schedule, may be settled by forfeiture of bail with no further proceedings and filed in the Traffic Division. FISH AND GAME VIOLATIONS Violations of the Fish and Game Code (misdemeanor or infraction) not provided for in this schedule shall be in the amount of $204 with a mandatory court appearance, filed in the Criminal Division. iv

10 CITY OF GILROY MUNICIPAL & ZONING ORDINANCES, CUPERTINO & TOWN OF LOS GATOS MUNICIPAL ORDINANCE INFRACTIONS Bail on all Gilroy Municipal & Zoning Ordinances, Cupertino & Town of Los Gatos Municipal Code Infractions not specifically provided for in this schedule shall be in the amount of: First offense: Second offense: Third offense: $100 + PA $200 + PA $500 + PA They shall be filed in the Traffic Division. NOTE: It is the responsibility of the issuing agency to indicate in the body of the accusatory pleading if the charge is a second or third violation. v

11 SANTA CLARA COUNTY ZONING ORDINANCES Bail on all Santa Clara County Zoning Ordinances not specifically provided for in this schedule shall be in the amount of: $ with mandatory Court appearance filed in the Criminal Division NOTE: It is the responsibility of the issuing agency to indicate in the body of the accusatory pleading if the charge is a second or third violation. CITY OF SANTA CLARA AND TOWN OF LOS GATOS ZONING ORDINANCES All City of Santa Clara and Town of Los Gatos Ordinance violations relating to Zoning offenses shall be in the amount of: $ with mandatory Court appearance filed in the Criminal Division NOTE: It is the responsibility of the issuing agency to indicate in the body of the accusatory pleading if the charge is a second or third violation. ZONING ORDINANCES GENERALLY All Ordinance violations relating to zoning offenses shall be filed in the Criminal Division. ANIMAL OFFENSES GENERALLY All Ordinance violations relating to animal offenses shall be filed in the Traffic Division unless specifically indicated otherwise. JUVENILE OFFENSES GENERALLY All vehicle code infraction citations issued to minors shall be filed in the Traffic Divisions of the Superior Court. All vehicle code misdemeanors will continue to be heard under the jurisdiction of the Santa Clara County Probation Department. IMPORTANT NOTE Pursuant to Welfare & Institutions Code it is not mandatory for parents to appear with the juvenile at any stage of their case. Initial Courtesy Notices will be addressed to the minor. Subsequent notices regarding delinquent cases may be sent to the parents or guardians. The Court cannot issue a warrant against a juvenile. vi

12 NIGHT COURT ASSESSMENT C.V.C Effective September 7, 2004 this assessment is no longer levied. BASE BAIL The Base Bail indicated is the amount from which the additional penalties required by Penal Code section 1464, Government Code sections and 70375, Government Code section 76000, and the surcharge required by Penal Code section are calculated. ADDITIONAL PENALTIES AND SURCHARGE A penalty assessment shall be levied on all criminal offenses including all offenses involving a violation of the Vehicle Code or any local ordinance adopted pursuant to the Vehicle Code, or where an order is made to pay a sum to the general fund of a county pursuant to paragraph (iii) of subdivision (3) of Section 268 of the Welfare and Institutions Code. * Pursuant to PC (b)(1) a minimum Restitution Fine must be imposed upon every conviction for misdemeanors and felonies. * Pursuant to PC 1464, a state penalty assessment of $10.00 for each $10.00 of a fine or forfeiture imposed shall be collected by the Superior Court. * Pursuant to GC 76000, a county penalty assessment of $7.00 for each $10.00 of a fine or forfeiture imposed shall be collected by the Superior Court. * Pursuant to PC , a 20% criminal surcharge is assessed for each fine or forfeiture. * Pursuant to GC 70372(a), $5.00 Court Construction penalty will be imposed. * Pursuant to PC , a $40.00 Court Security fee shall be imposed on every conviction for a criminal or traffic offense. * Pursuant to GC , a DNA identification fund penalty assessment of $1.00 for each $10.00 of a fine or forfeiture shall be collected by the Superior Court. * Pursuant to GC , a state DNA penalty of $4.00 for $10.00 of a fine or forfeiture shall be collected by the Superior Court. * Pursuant to GC , an Emergency Medical Service penalty of $2.00 for each $10.00 of a fine, forfeiture, or a fraction thereof. * Pursuant to GC 70373, a $35 per infraction and/or a $30 per misdemeanor or felony charge to be imposed on every conviction for a criminal or traffic offense. * Pursuant to VC 40611, a $25 dismissal fee for each corrected violation dismissed by the court. * Pursuant to GC 76000, 10 a penalty of four dollars ($4) shall be imposed upon every conviction for a violation of the Vehicle Code or a local ordinance adopted pursuant to the Vehicle Code, except parking offenses subject to Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of the Vehicle Code. vii

13 Penalty Assessments shall be levied as follows: a) Where a fine is imposed...* $30.00 for each $10.00 or fraction thereof b) Where bail is forfeited (or forfeitable)...* $30.00 for each $10.00 of a fine, or a fraction thereof c) Where multiple offenses...the penalty assessment shall be based on the total fine or bail for all applicable offenses. PARKING VIOLATIONS EFFECTIVE 7/1/93 Any violation of an unlawful standing or parking provision of law shall be subject to a civil penalty schedule established by the governing body of the jurisdiction in which the notice of parking violation was issued (CVC et. seq.) viii

14 GRADUATED BAIL TRAFFIC INFRACTIONS 1. The base fine for one Vehicle Code moving violation that is assessed points on a current arrest or citation shall be enhanced by $10 for each prior conviction within 36 months of the new alleged offense. For calculating the enhancement, both the current and prior offense must be a moving violation for which a point has been assigned per Vehicle Code sections or Regardless of the number of moving violation convictions on a citation only one prior per citation shall be counted in determining the enhancement on the current offense. GRADUATED BAIL V.C The following bail shall apply to violations of Section of the Vehicle Code where there are prior convictions: Number of Priors Bail VC- no priors $ 5,000 1 within 10 years $ 10,000 2 within 10 years $ 25,000 3 within 10 years (Felony) $100,000 In each case with priors as noted, defendants SHALL NOT BE ELIGIBLE FOR O.R. RELEASE. ix

15 CRIMINAL ISION(310%) 20% 100% 70% 35% 10% 10% 30% 20% 15% PC PC1464 GC76000 GC70372 GC GC GC GC GC70372 STATE STATE COUNTY STATE DNA St DNA St DNA EMERG ICNA-ST. BASE TOTAL SRCHRGE PEN. PEN. CRTHSE PEN. PEN. PEN. MED PEN CRTHSE BAIL PA SSCR STPF CNPA SCCP DNAP SDNA SDN2 EMSP ICCF Page 1 SCC PENALTY ASSESSMENT CHART June 28, 2012

16 CRIMINAL ISION(310%) 20% 100% 70% 35% 10% 10% 30% 20% 15% PC PC1464 GC76000 GC70372 GC GC GC GC GC70372 STATE STATE COUNTY STATE DNA St DNA St DNA EMERG ICNA-ST. BASE TOTAL SRCHRGE PEN. PEN. CRTHSE PEN. PEN. PEN. MED PEN CRTHSE BAIL PA SSCR STPF CNPA SCCP DNAP SDNA SDN2 EMSP ICCF Page 2 SCC PENALTY ASSESSMENT CHART June 28, 2012

17 CRIMINAL ISION(310%) 20% 100% 70% 35% 10% 10% 30% 20% 15% PC PC1464 GC76000 GC70372 GC GC GC GC GC70372 STATE STATE COUNTY STATE DNA St DNA St DNA EMERG ICNA-ST. BASE TOTAL SRCHRGE PEN. PEN. CRTHSE PEN. PEN. PEN. MED PEN CRTHSE BAIL PA SSCR STPF CNPA SCCP DNAP SDNA SDN2 EMSP ICCF Page 3 SCC PENALTY ASSESSMENT CHART June 28, 2012

18 CRIMINAL ISION(310%) 20% 100% 70% 35% 10% 10% 30% 20% 15% PC PC1464 GC76000 GC70372 GC GC GC GC GC70372 STATE STATE COUNTY STATE DNA St DNA St DNA EMERG ICNA-ST. BASE TOTAL SRCHRGE PEN. PEN. CRTHSE PEN. PEN. PEN. MED PEN CRTHSE BAIL PA SSCR STPF CNPA SCCP DNAP SDNA SDN2 EMSP ICCF , , , , , , , , , , , , , , , , Page 4 SCC PENALTY ASSESSMENT CHART June 28, 2012

19 CRIMINAL ISION(310%) 20% 100% 70% 35% 10% 10% 30% 20% 15% PC PC1464 GC76000 GC70372 GC GC GC GC GC70372 STATE STATE COUNTY STATE DNA St DNA St DNA EMERG ICNA-ST. BASE TOTAL SRCHRGE PEN. PEN. CRTHSE PEN. PEN. PEN. MED PEN CRTHSE BAIL PA SSCR STPF CNPA SCCP DNAP SDNA SDN2 EMSP ICCF , , , , , , , , , , , , , , , , , , , , Page 5 SCC PENALTY ASSESSMENT CHART June 28, 2012

20 CRIMINAL ISION(310%) 20% 100% 70% 35% 10% 10% 30% 20% 15% PC PC1464 GC76000 GC70372 GC GC GC GC GC70372 STATE STATE COUNTY STATE DNA St DNA St DNA EMERG ICNA-ST. BASE TOTAL SRCHRGE PEN. PEN. CRTHSE PEN. PEN. PEN. MED PEN CRTHSE BAIL PA SSCR STPF CNPA SCCP DNAP SDNA SDN2 EMSP ICCF , , , , , , , , , , , , , , , , , , , , Page 6 SCC PENALTY ASSESSMENT CHART June 28, 2012

21 CRIMINAL ISION(310%) 20% 100% 70% 35% 10% 10% 30% 20% 15% PC PC1464 GC76000 GC70372 GC GC GC GC GC70372 STATE STATE COUNTY STATE DNA St DNA St DNA EMERG ICNA-ST. BASE TOTAL SRCHRGE PEN. PEN. CRTHSE PEN. PEN. PEN. MED PEN CRTHSE BAIL PA SSCR STPF CNPA SCCP DNAP SDNA SDN2 EMSP ICCF , , , , , , , , , , , , , , , , , , , , Page 7 SCC PENALTY ASSESSMENT CHART June 28, 2012

22 CRIMINAL ISION(310%) 20% 100% 70% 35% 10% 10% 30% 20% 15% PC PC1464 GC76000 GC70372 GC GC GC GC GC70372 STATE STATE COUNTY STATE DNA St DNA St DNA EMERG ICNA-ST. BASE TOTAL SRCHRGE PEN. PEN. CRTHSE PEN. PEN. PEN. MED PEN CRTHSE BAIL PA SSCR STPF CNPA SCCP DNAP SDNA SDN2 EMSP ICCF , , , , , , , , , , , , , , , , , , , , Page 8 SCC PENALTY ASSESSMENT CHART June 28, 2012

23 CRIMINAL ISION(310%) 20% 100% 70% 35% 10% 10% 30% 20% 15% PC PC1464 GC76000 GC70372 GC GC GC GC GC70372 STATE STATE COUNTY STATE DNA St DNA St DNA EMERG ICNA-ST. BASE TOTAL SRCHRGE PEN. PEN. CRTHSE PEN. PEN. PEN. MED PEN CRTHSE BAIL PA SSCR STPF CNPA SCCP DNAP SDNA SDN2 EMSP ICCF , , , , , , , , , , , , , , , , , , , , Page 9 SCC PENALTY ASSESSMENT CHART June 28, 2012

24 CRIMINAL ISION(310%) 20% 100% 70% 35% 10% 10% 30% 20% 15% PC PC1464 GC76000 GC70372 GC GC GC GC GC70372 STATE STATE COUNTY STATE DNA St DNA St DNA EMERG ICNA-ST. BASE TOTAL SRCHRGE PEN. PEN. CRTHSE PEN. PEN. PEN. MED PEN CRTHSE BAIL PA SSCR STPF CNPA SCCP DNAP SDNA SDN2 EMSP ICCF , , , , , , , , , , , , , , , , , , , , , , , Page 10 SCC PENALTY ASSESSMENT CHART June 28, 2012

25 NOTES: 1. State Penalty Assessment PC 1464 requires a penalty assessment in the sum of $10.00 for each $10.00 of a fine or forfeiture collected by the Superior Court. 2. County Penalty Assessment GC requires a penalty assessment in the sum of $7.00 for each $10.00 of a fine or forfeiture collected by the Superior Court % Surcharge AB 3000 requires a 20% surcharge added to the penalty assessment for all fines and forfeitures collected by Superior Court. 4. State Courthouse Penalty Assessment SB 1732 requires a penalty assessment in the sum of $5.00 for each $10.00 of a fine or forfeiture collected by Superior Court. 5. Court Security Assessment (SECA) AB 1759 requires a $40.00 fee for court security charged for each citation with a conviction as specified by Penal Code section Pursuant to GC a DNA identification fund penalty assessment of $1.00 for each $10.00 of a fine or forfeiture shall be collected. 7. Pursuant to GC a state DNA identification fund penalty assessment of $3.00 for each $10.00 of a fine or forfeiture shall be collected. 8. Emergency Medical Service Penalty- SB 1773 authorizes a penalty of $2.00 for each $10.00 of a fine, forfeiture or fraction thereof. 9. Emergency Medical Air Transportation Penalty- AB 2173 requires a penalty of $4.00 per conviction as specified by GC Note: 20% surcharge is not subject to the 2% Accounting Automation Fund See page i for application of penalty assessment when bail is forfeitable. xi

26 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA 2013 Felony Bail Schedule 1

27 GENERAL INSTRUCTIONS It is the duty of the superior court judges in each county to prepare, adopt, and annually revise a uniform countywide schedule of bail for all bailable felony offenses (Penal Code section 1269b ). In adopting a uniform countywide bail schedule of bail for all bailable felony offenses the judges shall consider the seriousness of the offense charged (Penal Code section 1269b(e)). The countywide bail schedule shall contain a list of the offenses and the amounts of bail applicable for each as the judges determine to be appropriate (Penal Code section 1269b(f)). The bail schedule shall contain a general clause for those offenses not specifically listed in the bail schedule. For all felony offenses not listed, the bail amount is $10,000. Prior to an appearance before a judge or magistrate, the bail shall be in the amount fixed in the warrant of arrest or, if no warrant of arrest has been issued, the amount of bail shall be pursuant to the uniform countywide schedule of bail. At the defendant s first appearance before a judge or magistrate on the charge contained in the complaint, indictment, or information, the bail shall be set by the judge at the time of the appearance (Penal Code section 1269b(b)). Penal Code section 1275 provides that: In setting, reducing, or denying bail, the judge or magistrate shall take into consideration the protection of the public, the seriousness of the offense charged, the previous criminal record of the defendant, and the probability of his or her appearing at trial or hearing of the case. The public safety shall be the primary consideration. When a person is detained in custody on a criminal charge prior to conviction for want of bail, that person is entitled to an automatic review of the order fixing the amount of the bail by the judge or magistrate having jurisdiction of the offense. That review shall be held not later than five days from the time of the original order fixing the amount of bail on the original accusatory pleading. The defendant may waive this review (Penal Code section ). Before any person who is arrested to for any of the following crimes may be released on bail in an amount that is either more or less than the amount contained in the schedule of bail for the offense, or may be released on his or her own recognizance, a hearing shall be held in open court before the magistrate, or judge. Felony offenses in which the defendant is not to be released on bail or own recognizance release 2

28 without judicial review at a hearing with notice to the District Attorney, if bail is to be more or less than the amount in the Bail Schedule are: Any serious felony listed in Penal Code section ; Any violent felony as defined in subdivision of Penal Code section 667.5, (but not including Penal Code section 460(a)); A violation of Penal Code section pursuant to subdivision ; Any felony violation of Penal Code section 262 (Spousal Rape), Penal Code section (Domestic Violence), Penal Code section 422 (Threats); Any violation of Penal Code Section (Stalking); Any violation of paragraph (a) of subdivision (e) of Penal Code section 243; A violation of Penal Code section 273.6, if the detained person made threats or harm, has engaged in violence against, or has gone to the residence workplace of, the protected party: Felony offenses in which the defendant is not to be released without judicial review are: Any felony where the defendant has (2) two or more serious or violent felony prior convictions (Sections 667(e)(2)(A) & (c)(2)(A); Any felony sex offense where the defendant has similar prior convictions (Penal Code section ). Narcotic felony offense (Sections 11353, , 11361, 11380, ; Health and Safety Code), where defendant has two prison prior convictions of same nature (Penal Code section ) Felony offenses involving acts of violence on another person, felony sexual assault offenses on another person, and any felony offense where the defendant has threatened another with great bodily harm must be reviewed by the Duty Judge prior to the setting of bail. The Bail Schedule contemplates the following practice where more than one offense is charged. (1) When a defendant is booked on two or more charges arising from the same course of conduct, bail shall be the amount set for the charge having the highest bail. (2) When a defendant is booked on two more charges arising from separate courses of conduct, bail shall be the sum of the amount set for the charge in each course of conduct having the highest bail. (3) For sex offenses arising from threat or menace, bail shall be the sum of the full amounts set for each charge irrespective of whether the charges arise from a single course of conduct or single transaction. 3

29 Where an enhancement or enhancements have been alleged, the listed bail amounts for each enhancement or enhancements should be added to the bail for the underlying offense or offenses. 4

30 The examples outlined below demonstrate how to calculate a bail amount when a person is arrested and booked on more than one charge. EXAMPLE #1 This example demonstrates how to calculate the bail amount when a defendant is booked on more than one charge arising out of a single act that precludes multiple punishments. Charge 1 459PC $50,000 Charge 2 496PC 10,000 Charge 3 487PC 10,000 The bail in this example is $50,000 because the PC 459 charge has the highest bail and all the charges arise from a single act that precludes multiple punishments. EXAMPLE #2 This example demonstrates how to calculate the bail amount when a defendant is booked on more than one charge arising from different acts that permit multiple punishments. Charge 1 VC $10,000 Charge 2 VC ,000 Charge 3 VC ,000 The bail amount in this example is $60,000 because VC 10851, VC 20001, and VC are separate acts that can be punished separately. 5

31 Penal Offense Term Bail 32 Accessory to felony Bribes, giving or offering to executive officer 67.5(b) Bribing ministerial officer 68 Bribes, executive or ministerial officers 69 Resisting executive officer , , , Same as underlying offense; No specified underlying offense 10,000 Underlying offense has life term 100,000 10, Threat to injure ,000 school official 76(a)(1) Threatening life of ,000 government official 76(a)(2) Threat to public ,000 official with prior 85 Bribes; giving or ,000 offering 86 Bribes; asking or ,000 receiving 92 Bribes; judicial ,000 officers, jurors 93 Judicial officer or ,000 juror accepting bribe 95.1 Threatening juror ,000 after verdict 118 Perjury , (a) 136.1(b) Dissuading a witness or victim from testifying Dissuading a witness or victim from reporting a crime ,000 25,000 6

32 Penal Offense Term Bail Dissuading a witness or victim by threat 137(a) Inducing false testimony 139 Threats to use violence or force against witness or victim 140 Threatening witnesses, victims 141(b) Peace officer planting evidence 148(b),(c),(d) Removing or taking police officer s weapon Resisting officer resulting in injury or death 149 Officer unnecessarily beats or assaults person 165 Bribery; council members, board of supervisors 182 Conspiracy to commit crime , , , , , , ,000 25, ,000 Same as crime Same as crime Street gang activity , (b)(4) Committing certain Life 500,000 enumerated felonies as part of street gang activities (a) Soliciting or ,000 threatening another to participate in criminal street gang 187,189,190,190.5 Murder First Degree 25 YEARS TO LIFE; DEATH OR LIFE W/O PAROLE No Bail*

33 Penal Offense Term Bail 187,189,190,190.5 Murder Second Degree 191.5(a) Gross Vehicular Manslaughter while intoxicated 191.5(b) Vehicular manslaughter while intoxicated per 1170(h) 191.5(d) Gross vehicular manslaughter while intoxicated with priors 192(a) Manslaughter voluntary 192(b) Manslaughterinvoluntary 192(c)(1) Manslaughter driving vehicle with gross negligence 192(c)(3) Manslaughter while driving for financial gain 15, 20 OR 25 No Bail* YEARS TO LIFE OR LIFE W/O PAROLE , ,000 Life No bail , , , , Mayhem , Aggravated LIFE No Bail* mayhem 206 Torture LIFE No Bail* 207(a) Kidnapping , (b) 207(c) 209(a) Kidnapping for purposes of 288 under 14 Kidnapping out of state Kidnapping for ransom or extortion , ,000 LIFE No Bail* 8

34 Penal Offense Term Bail 209(b) Kidnapping for LIFE No Bail* robbery or felony sex offense 212.5(a) Robbery First ,000 Degree 212.5(b) Robbery First ,000 Degree of Person using Teller Machine 212.5(c) Robbery Second ,000 Degree 215 Carjacking , Train Wrecking LIFE No Bail* attempt 219 Train Wrecking LIFE No Bail* Hurling missile at common carrier vehicle Hurling missile at train 220 Assault with intent to commit sodomy, mayhem, oral copulation, or rape 220(a) Assault with intent to commit sodomy, mayhem, oral copulation, or rape 220(b) Assault with the intent to commit certain sex crimes False imprisonment by violence 236.1(a) Human Trafficking Forced Labor or Services 236.1(b) Human Trafficking for Sexual Purposes , , , ,000 LIFE No Bail* ,000 5, 8, ,000 8, 14, ,000 9

35 Penal Offense Term Bail 236.1(c)(1) Human Trafficking for Sexual Purposes involving a minor 236.1(c)(2) Human Trafficking for Sexual Purposes involving a minor by force or fear Assault against custodial officer Assault against peace officer of school district 5, 8, , to Life No Bail ,000 10,000 10

36 Penal Offense Term Bail 243(c) Battery upon peace officer and causes injury 243(d) Battery with serious bodily injury Battery upon custodial officer Battery on public transit employee with injury , , , , Sexual Battery , Battery on school ,000 employee with injury Battery by gassing , (b) Assault with stun ,000 gun 245(a)(1) Assault with deadly ,000 weapon 245(a)(2) Assault with firearm , (a)(3) Assault with ,000 machine gun or assault weapon 245(a)(4) Assault by force ,000 likely to produce GBI 245(b) Assault with semiautomatic ,000 weapon 245(c) Assault on peace ,000 officer by force or weapon not a firearm 245(d)(1) Assault on peace officer or firefighter with firearm ,000 11

37 Penal Offense Term Bail 245(d)(2) Assault on peace officer or firefighter with semi-automatic weapon 245(d)(3) Assault on peace officer or firefighter with machine gun or assault weapon Assault with a deadly weapon while on public transit Assault with deadly weapon on custodial officer 245.5(a) Assault with a deadly weapon by means of force likely to result in GBI on school employee 245.5(b) Assault with firearm on school employee 245.5(c) Assault with stun gun or taser on school employee Hazing that causes serious bodily injury 246 Shooting at inhabited dwelling, building or aircraft Discharge of weapon in grossly negligent manner 246.3(b) Willfully discharging a BB device in a grossly negligent manner which could result in injury or death , , , , ,000 50,000 50,000 25, ,000 25,000 5,000 12

38 Penal Offense Term Bail Discharge of laser at ,000 aircraft 261 Rape , (c) Unlawful sexual ,000 intercourse 261.5(d) Unlawful sexual ,000 intercourse where defendant is over 21 and victim under Spousal Rape , Rape in concert with ,000 force and violence 266h(b)(1) Pimping with victim , or older 266h(b)(2) Pimping with victim ,000 under i Pandering , i Pandering with ,000 child under Abduction for ,000 purposes of prostitution 269 Aggravated sexual LIFE No Bail* assault on child under 14 by person 10 years or more older than victim 270 Child Neglect 1 YEAR ONE DAY 10, a(a) 273ab 273d Mistreating child likely to produce GBI or death Assault on child under 8 with GBI or death Corporal Punishment with cruelty or injury LIFE ,000 No Bail* 25,000 13

39 Penal Offense Term Bail Inflicting corporal injury on spouse, cohabitant 273.5(e)(1) Inflicting corporal injury on spouse, cohabitant with prior conviction Violating domestic restraining order with prior conviction , ,000 10, Child stealing , (b)(1) Sodomy where ,000 victim under (b)(2) Sodomy where ,000 victim under (c)(1) Sodomy where ,000 victim under (c)(2)(A) Sodomy by force or ,000 fear 286(c)(2)(B) Sodomy by force or ,000 fear where victim under (c)(2)(c) Sodomy by force or ,000 fear where victim is 14 or older 286(c)(3) Sodomy by threat or ,000 retaliation 286(d)(1) Sodomy in concert , (d)(2) 286(d)(3) 286(e) Sodomy in concert where victim under 14 Sodomy in concert where victim 14 or above Sodomy in state prison or county jail , , ,000 14

40 Penal Offense Term Bail 286(f),(g),(i),(j)& (k) 288(a) 288a(b)(1) 288(a)(b)(2) 288a(c)(1) 288a(c)(2)(A) 288a(c)(2)(B) 288a(c)(2)(c) 288a(c)(3) 288a(d)(1) 288a(d)(2) 288a(e) 288(b)(1)(2) 288(c)(1)(2) Sodomy if victim unconscious, or incapable of consent Lewd act with child under 14 Oral copulation where victim is under 18 Oral copulation where victim under 16 Oral copulation where victim under 14, more than 10 Oral copulation by force or fear Oral copulation by force or fear where victim under 14 Oral copulation by force or fear where victim 14 or above Oral copulation by threat or retaliation Oral copulation in concert Oral copulation in concert by force or fear where victim under 14 Oral copulation in state prison Lewd act with child under 14 by force or fear Lewd act with child 14 or 15, where defendant is 10 years older than victim , , ,000 50, , , , , , , , , , ,000 15

41 Penal Offense Term Bail 288a(f,g,h,i,j,k) Oral copulation of unconscious, disabled person Distribution or exhibition of lewd material to minor Meeting with a minor or person believed to be a minor for the purpose of exposing genitals, pubic or rectal areas (second version) 288.3(a)(2) 288.3(b) Contacting a minor with the intent to commit certain offenses 290 registrant who arranges to meet with a minor or person believed to be a minor for the purpose of exposing genitals, pubic, or rectal areas Anyone who violates 288.3(a)(1) and goes to an arranged meeting place Three or more lewd acts with child under (a) Engaging in sexual intercourse or sodomy with a child 10 or younger 288.7(b) Engaging in oral copulation or sexual penetration with a child 10 or younger , Term for the intended offense 25,000 10,000 50, , , , years to LIFE NO BAIL* 15 years to LIFE NO BAIL* 16