Superior Court of California County of Sacramento. Felony & Misdemeanor Bail Schedules

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1 Superior Court of California County of Sacramento Felony & Misdemeanor Bail Schedules Effective: November 21, 2013

2 TABLE OF CONTENTS 1.0 Felony Bail Schedule Penal Code Vehicle Code Welfare and Institutions Code Health and Safety Codes Enhancements Enhancements Violent/ Serious Felonies Violent Felonies (Penal Code 667.5c) Serious Felonies - Penal Code (c); (a): Health and Safety Code: Vehicle Code Misdemeanor Bail Schedule Misdemeanor Bail Schedule Penal Code Vehicle Code /21/13 Page 2 of 53

3 Superior Court of California County of Sacramento 1.0 FELONY BAIL SCHEDULE Pursuant to Penal Code 1269(b), the following bail schedule has been adopted by the Superior Court of California, County of Sacramento and is to be utilized in setting bail for the release of persons arrested on charges, without warrant, for the alleged commission of any bailable offense, and for Writs of Habeas Corpus. For any felony offense for which no presumptive bail is set forth, bail is fixed at. When a person is booked on multiple felony charges, the presumptive bail amount shall be the largest amount specified in the schedule for any one of the felony charges, plus applicable enhancements (i.e. no stacking unless deemed appropriate in the court s discretion). When a person is booked on multiple felony charges, two or more of which constitute a violent felony (Penal Code 667.5(c)) or a serious felony (Penal Code (c)), the presumptive amount shall be the aggregate of each such charge, unless punishment for a particular charge would be barred by PC 654 (i.e. stacking permitted). The amount of bail for any offense listed as no bail will be determined at the first appearance 11/21/13 Page 3 of 53

4 1.1 Penal Code Penal Code Presumptive Bail 32 Accessories Same as charge 32 Accessory to Murder 67 Bribing Executive Officer $15, Bribing Ministerial Officer $15, Bribes; Asking for or Receiving $15, Resisting or Deterring Officer $20, Threat of Injury Made to Officer in Performance of His Duties $20, Threatening Life of or Serious Bodily Harm to Public Official, Staff, or Member of Immediate Family $250, Bribery of Judicial Officer $25, Bribery; Judicial Officer, Juror, etc; Asking or Receiving Threatening Jurors Following Verdict in Criminal Proceeding False Documents Selling, Distributing, Manufacturing to Conceal True Citizenship Using False Documents to Conceal True Citizenship Attempt to Record False or Forged Instrument $30,000 $250,000 $25,000 $25, Perjury 127 Subornation of Perjury 136.1(a) 136.1(b) Attempting to Prevent or Dissuade any Witness or Victim From Testifying Attempting to Prevent or Dissuade a Victim or Witness from Making a Report 11/21/13 Page 4 of 53

5 Penal Code Presumptive Bail 136.1(c) Intimidation of Witnesses and Victims 137(a)-(b) Inducing False Testimony $20, Bribery 146a(b) 146e(b) 148(d) Falsely Representing Oneself to be a Public Officer, Investigator, or Inspector in a State Department Malicious Disclosure of Address or Telephone Number of a Peace Officer Taking a Firearm from an Officer s Person or Immediate Presence Without the Intent to Permanently Deprive Falsely Reporting Planting of Bomb 148.3(b) Falsely Reporting Emergency (c)(4) 182(a)(1) to (a)(5) Willful Resistance to Peace Officer Cause of Death or Serious Bodily Injury Assault and Battery by Officer Third Degree Giving or Offering Bribe to Councilmen or Supervisor Willfully and Knowingly Violating a Protective Order or Stay Away Order Issued Pursuant To P.C for a 2 nd subsequent violation Conspiracy: To Commit any Misdemeanor To Commit any Felony $25,000 Same as substantive offense 11/21/13 Page 5 of 53

6 Penal Code 182(a)(6) (a) to (c) (a)(2) (a)(3) (a) Conspiracy: - To Commit Crime Against Person of Certain Federal or State Officers Money Laundering Aggravated White Collar Crime Participation in Criminal Street Gang Presumptive Bail or amount alleged whichever is greater or amount alleged taken whichever is greater (b)(1) (b)(4) (d) Felony Committed for Benefit of Street Gang Felony Committed for Benefit of Street Gang Life Term Public Offense (Felony or Misdemeanor) Committed for Benefit of Street Gang (a) - (c) Soliciting/Coercing Gang Activity to 189 Supplying or Selling Firearm Used in Street Gang Activity Murder, First Degree Murder, Second Degree NO BAIL Second-Degree Murder with Prior 187 NO BAIL (d) Gross Vehicular Manslaughter while Intoxicated Gross Vehicular Manslaughter with Certain Priors $250, (a) Voluntary Manslaughter 11/21/13 Page 6 of 53

7 Penal Code Presumptive Bail 192(b) Involuntary Manslaughter $30, (c)1 Vehicular Manslaughter $30, (c)(3) 192(c)(4) Vehicular Manslaughter while Intoxicated without Gross Negligence Vehicular Manslaughter for Staging Car Collision for Purposes of Presenting False Insurance Claim 203 Mayhem 205 Mayhem, Aggravated 206 Torture 207 Kidnapping 207(b) Kidnapping a Victim Under 14 for Sexual Assault 209(a) Kidnapping for Ransom or Extortion 209(b) Kidnapping for Robbery, Sexual Assault Kidnapping During the Commission of a Carjacking False Imprisonment, Using Person as Shield Robbery (2 nd degree) 211 In Residence 11/21/13 Page 7 of 53

8 Penal Code Presumptive Bail 215 Carjacking 217.1(a) Assault on Public Official 217.1(b) Attempt to Kill Public Official (b) 222 Obstruction on or Near Railroad Tracks that Causes Derailing, Damage or Injury Train Derailing or Firing Bridge With Death Throwing Missile at Common Carrier Vehicle with Bodily Harm Throwing Missile or Shooting at Train or Other Conveyance Assault with Intent to Commit Mayhem, Rape, Sodomy Assault with Intent to Commit a Specified Sex Crime During Commission of First Degree Burglary Administering Controlled Substances or Anesthetic to Aid Felony 236 False Imprisonment $25, (a) 236.1(b) Human Trafficking Forced Labor or services Human Trafficking Prostitution or depicting child or minor under 18 in obscene material 500,000 11/21/13 Page 8 of 53

9 Penal Code 236.1(c) Human Trafficking Engaging a minor in commercial sex acts By Consent Presumptive Bail By Force, Fear or intimidation 2 Million to Assault on Custodial Officer $25, (c) Battery on Peace Officer, Custodial Officer Firefighter, etc., with Injury 243(d) Battery with Serious Bodily Injury to Battery $20, (b) Throwing Acid or Flammable Substance with Intent to Disfigure or Burn Assault with Stun Gun or Taser $20, (a)(1) Assault with Deadly Weapon 245(a)(2) Assault with a Firearm $75, (a)(3) Assault with a Machine Gun $150, (a)(4) 245(b) Assault with Force Likely to Produce Great Bodily Injury Assault with a Semiautomatic Rifle $25,000 $75,000 11/21/13 Page 9 of 53

10 Penal Code 245(c) 245(d)(1) 245(d)(2) Assault with a Deadly Weapon or Force Likely to Produce Great Bodily Injury Upon a Peace Officer or Firefighter Assault with a Firearm Upon a Peace Officer or Firefighter Assault with a Semiautomatic Rifle Upon a Peace Officer or Firefighter Presumptive Bail $250,000 $500, (d)(3) Assault with a Machinegun or Assault Weapon Upon a Peace Officer or Firefighter $500, (a) 245.5(b) 245.5(c) Assault with a Deadly Weapon or Force Likely to Cause Great Bodily Injury Upon Transportation Worker or Passenger Assault with a Deadly Weapon or Force Likely to Cause Great Bodily Injury Upon Custodial Officer Assault with Deadly Weapon or Force Likely to Cause Great Bodily Injury Upon a School Employee Assault with a Firearm Upon a School Employee Assault with a Stun Gun or Taser Upon a School Employee Shooting at Inhabited Dwelling, Vehicle or Aircraft Discharging Firearm in Grossly Negligent Manner $25, Discharging Laser at Aircraft 11/21/13 Page 10 of 53

11 Penal Code Presumptive Bail 261 Rape $150, Unlawful Sexual Intercourse $5, (b) Minor not more than 3 yrs. younger 261.5(c) Minor over 3 yrs. younger $25, (d) 21 yrs. or older, minor under Rape Of Spouse $150, f 266g Rape in Concert with Force or Violence Sale of Person for Immoral Purposes Prostituting Wife $200, h Pimping Under Age i Pandering Under Age j 267 Procurement of Child Under 16 for Lewd and Lascivious Acts Abduction of Person Under 18 for Purposes of Prostitution 11/21/13 Page 11 of 53

12 Penal Code Aggravated Sexual Assault Upon a Child Under 14 and 10 or More Years Younger than Defendant (P.C. 261(a)(2), 264.1, 286, 288a or 289(a)) Parent Failure to Provide for Minor Child. Presumptive Bail 271 Abandonment of Child Under a(a) 273ab(a) Abusing or Endangering Health of Child -- Likely to Produce Great Bodily Harm or Death Having Custodial Care of Child Under Age 8, Assault of a child that results in death No Bail 273ab(b) 273d 273.5(a) 273.5(e) 273.6(d) Having Custodial Care of Child Under Age 8, Assaulting the Child by Means of Force to Produce Bodily Injury, which Results in the child s becoming comatose due to brain injury or suffering permanent paralysis Corporal Punishment or Injury of a Child Resulting in a Traumatic Condition Inflict Corporal Injury on Current or Former Spouse or Cohabitant Corporal Injury - Violating P.C within 7 Years of a Prior Conviction for P.C. 243(a), 243(d), 243(e), 243.4, 244, 244.5, 245 Violation of Court Order with a Prior 11/21/13 Page 12 of 53

13 Penal Code Presumptive Bail 278 Child Stealing Child Concealment by Person with Right to Custody or Visitation $25, (b)(1) Sodomy Victim Under 18 $25, (b)(2) Sodomy Victim Under (c)(1) Sodomy Victim Under 14 $150, (c)(2) Sodomy with force or violence $150, (c)(3) Sodomy via retaliation $150, (d) 286(f) 286(g) Sodomy In Concert With Force or Fear Sodomy Victim Not Conscious of Act Sodomy Victim Incapable of Consent Because of Mental or Physical Disability $200,000 $150,000 $150, Lewd Act on Child 288(a) Victim Under (b)(1) By Use of Force or Fear 288(b)(2) By Caretaker Upon Dependent Adult by Use of Force or Fear 288(c)(1) Victim 14 or (c)(2) By Caretaker Upon Dependent Adult $200,000 $200,000 11/21/13 Page 13 of 53

14 Penal Code 288a Oral Copulation 288a(b)(1) Victim Under 18 Presumptive Bail $25, a(b)(2) Victim Under a(c)(1) Victim Under 14 $150, a(c)(2) Use of Force or Fear $150, a(d) or Fear In Concert With Force $200, a(f) Victim Unconscious of Nature of Act $150, a(g) Victim Incapable of Consent Because of Mental or Physical Disability Distribution or Exhibition of Lewd Material to Minor (as defined in P.C. 313) (Initiative) Contacting or Attempted Contact with a Minor or a Person believed to be a Minor with Intent to Commit Specified Kidnapping, Child Pornography, or other Sex Crimes Involving a Minor. $150,000 11/21/13 Page 14 of 53

15 Penal Code Presumptive Bail (b) (Legislative) Arranging Meeting with a Minor or a Person believed to be a Minor for Purpose of Exposing Genitalia or Engaging in Lewd and Lascivious Behavior Engaging in 3 or More Acts of Substantial Sexual Conduct with Child Under Age 14 $500, a Engaging in Sodomy, Sexual Intercourse, Oral Copulation, or Sexual Penetration With a Child Age 10 or Younger 288.7b Engaging in Sodomy, Oral Copulation, or Sexual Penetration With a Child Age 10 or Younger 289 (a)-(g) Rape by Foreign Object 2 Million $150, (h) Sexual Penetration by Foreign Object Victim Under 18 $25, (i) Victim Under (j) (g)(2) Victim Under 14 Employee, Officer or Agent of Health or Detention Facility Engaging in Sexual Activity with Confined Consenting Adult Willfully Failing to Register Pursuant to P.C. 290 on any Offense and Prior Conviction for P.C. 262(a)(1), 264.1, 286, 288, 288(a), or 289 $150,000 11/21/13 Page 15 of 53

16 Penal Code 290(g)(3) 290(g)(5) Willfully Failing to Register when Required on a Felony Conviction with Prior P.C. 290 Conviction Willfully Failing to Register by Sexually Violent Predator (SVP) Presumptive Bail $75, Tampering w/ DNA Samples $25, (c) 311.4(b), 311.4(c) (b) 314(1) 347 Bringing into State Matter Depicting Child in Sexual Conduct Sale or Distribution of Obscene Material Depicting Minor Under 18 to Person 18 Years or Older Using Minor to Assist in Distribution of Obscene Matter Posing or Modeling Involving Sexual Conduct Possession of Matter Depicting Sexual Conduct of Child Under 18 Possession of Matter Depicting Sexual Conduct of Child Under 18 with a Prior Conviction Indecent Exposure with Prior Conviction Poisoning Food, Drink, Spring, Well, etc. $75, Elder Abuse 368(b)(1) Physical Abuse of Elderly 368(b)(2) 368(b)(3) Physical Abuse of Elderly with Infliction of Great Bodily Injury Physical Abuse of Elderly Resulting in Death $250,000 11/21/13 Page 16 of 53

17 Penal Code Owning or Having Custody or Control of Dog Trained to Fight, Attack or Kill Presumptive Bail 405b Lynching 417(c) Exhibiting Firearm in Presence of Peace Officer (a) or(b) (c) Intentional Infliction of Serious Bodily Injury with Weapon Exhibiting Weapon at Peace Officer Threats to Commit Crime Resulting in Death or Great Bodily Injury Hate Crime in Concert $25,000 $20,000 $30, Embezzlement by Public Officer 451(a) Arson with Great Bodily Injury $250, (b) Arson Inhabited Structure or Property $150, (c) Arson Structure or Forest Land 451(d) Arson Personal Property $25, Arson with Prior; GBI to Emergency Personnel; GBI to More than 1 Victim; Multiple Structures; or Special Device Used Aggravated Arson Willful, Malicious Intent to Cause Injury to One or More Persons, Damage to Property, etc Reckless Fire 11/21/13 Page 17 of 53

18 Penal Code 452(a) Unlawfully Causing a Fire with Great Bodily Injury Presumptive Bail 452(b) Unlawfully Causing a Fire Inhabited Structure or Property 452(c) 453(a) Unlawfully Causing a Fire of Structure or Forest Land Possession of Explosive or Flammable Matter $25,000 $20, Arson During State of Emergency $250, (a) 461(1) 460(b) 461(2) , 484f, 484i Arson, Attempt First Degree Burglary of Inhabited Dwelling Coach or Vessel - Involving a Non-Stranger Second Degree Burglary Burglary with Explosives or Burning Device Forgery/Counterfeiting, etc. Same as accomplished bail $25,000 $5, (a) Grand Theft (Over $400) $5, (c) Grand Theft Person $25, (d) Grand Theft Auto/Firearm 487h Cargo Theft 487j Grand Theft Copper 11/21/13 Page 18 of 53

19 Penal Code Presumptive Bail Receiving Stolen Property $5, Unauthorized Tampering with or Access to Computer Data and Systems $5, Embezzlement $5,000 or amount taken whichever is greater 520 Extortion 524 Extortion Attempts by Means of Threat 529 False Personation (c)(2) 530.5(c)(3) 530.5(d)(1) 530.5(d)(2) Using Identification of Another to Obtain Credit, Purchase Goods and Services or to Obtain Medical Information Acquisition or Retention of Personal Identifying Information of Another with Intent to Defraud Acquisition or Retention of Personal Identifying Information of 10 or more persons with Intent to Defraud Sale, Transfer, or Conveyance of Personal Identifying Information with Intent to Defraud Sale, Transfer, or Conveyance of Personal Identifying Information with Knowledge tha the Information will be used to Commit a Violation of 530.5(a) $25,000 $25,000 $25,000 $25,000 $25, False Pretenses 537(a)(2) Defrauding Innkeeper 11/21/13 Page 19 of 53

20 Penal Code Presumptive Bail 548 Defrauding Insurer 550(b) 591 Assisting or Conspiring to Present False Statements for Claim Under Insurance Policy Injuring or Tapping Telegraph, Telephone, or Cable T.V. Line 593 Injuring Electric Power Line 594(b)(1) Vandalism, Destruction or amt of damage whichever is greater Injecting or Throwing Upon, or Otherwise Defacing any Structure with Butyric Acid, or any Other Similar Noxious or Caustic Chemical or Substance (Vandalism) Two Prior Convictions for P.C. 594 or amount of damage whichever is greater or amount of alleged damage whichever is greater 597b Animal Fighting Exhibition Violation with a Prior Conviction $20, Guns on School Grounds $25, (a) Stalking 646.9(b) 646.9(c) Stalking with temporary restraining order, injunction or any other court order that prohibits behavior set forth in 646.9(a) Stalking following a conviction of a felony pursuant to PC 273.5, or 422 Annoying or Molesting Child Under 18 $150,000 $25,000 11/21/13 Page 20 of 53

21 Penal Code 653f 653t(d) Solicitation to Commit Felony Interrupting Transmission of an Emergency Communication When it Results in Serious Bodily Injury or Property Loss Presumptive Bail Same as underlying offense 664 Attempt Same as underlying offense Petty Theft with Prior Upon which Time was Served Enhancement for Felony Vehicle Theft or Grand Theft Auto with Prior Aggravated Sex Offenses Life Sentence Habitual Sexual Offender 667.8(a) 667.8(b) (a) 667.9(b) Kidnapping to Commit Sex Offense (261, 262, 264.1, 286, 288a, 289) Kidnapping Victim Under 14 to Commit Sex Offense 286(c), 288, 288a(c) Kidnapping Victim Under 14 to Permanently Deprive Parent Certain Enumerated Crimes when Victim is Disabled, is 65 Years of Age or Older or Under 14 Certain Enumerated Crimes when Victim is Disabled, at Least 65 or Under 14 $5, Anal/Genital Penetration (289), Victim Disabled, at Least 65 or Under 14 and Prior /21/13 Page 21 of 53

22 Penal Code (a) Exhibiting to Minor Matter Depicting Minor Engaging in Sexual Conduct (288) Presumptive Bail $ 5, (b) Exhibiting to Minor Matter Depicting Minor Engaging in Sexual Conduct (PC 288.5) 1551 Fugitive Warrant Use the largest amount of bail based on the underlying charge and double it, but no less than 1551 Fugitive Warrant for Probation, PRCS, or Parole Violations No Bail Assault with a Deadly Weapon - Prison Inmate not Serving Life State Prison Inmate Committing Battery Upon State Prison Officer or Employee by Throwing, or Causing to be Placed or Thrown, a Mixture of Human Excrement or Other Bodily Fluids or Substances Battery Upon Person not an Inmate Possession of Weapon by Prison Inmate, Person Confined or In Custody; Felony Offense to Carry, Manufacture, Attempt to Manufacture Weapons (Dirk, Dagger, Firearm, Explosive Substance) in County Jails or County Road Camps 11/21/13 Page 22 of 53

23 Penal Code 4502(b) 4503 Manufacturing or Attempting to Manufacture an Instrument or Weapon Holding of Hostages by Prison Inmate Presumptive Bail 4530(a) Escape or Attempt to Escape from Prison With Force or Violence 4530(b) 4532 Escape or Attempt to Escape from Prison Without Force or Violence Escape or Attempt to Escape from County or City Jail, Farm or Camp With Force Without Force Smuggling Controlled Substance into Prison, Camp, or Jail Smuggling Unauthorized Drugs or Liquor into Prison, Camp, or Jail Smuggling Weapon into Jail or Prison $30,000 $20, (b) Terrorizing $25, (c) Terrorizing Religious Symbol $25, (a)(1) 11418(b)(1) Possession, Manufacture or Use of Weapon of Mass Destruction Use of Weapon of Mass Destruction Against a Person 5 Million 11/21/13 Page 23 of 53

24 Penal Code 11418(b)(2) 11418(b)(3) 11418(b)(4) 11418(c) 11418(d) Use of Weapon of Mass Destruction that May Cause GBI or Death Use of Weapon of Mass Destruction In Water or Food Use of Weapon of Mass Destruction Against Animals or Crops Use of Weapon of Mass Destruction Against Natural Resources Manufacturing Pathogens Presumptive Bail 5 Million 5 Million (a)(1) Credible Threat to Use Weapon of Mass Destruction Possession of Firearm, Detachable Magazine, or Belt- Feeding Device During Street Gang Crime Principal Armed with Firearm $ 10, (a)(2) 12022(b)(1) 12022(b)(2) 12022(c) Principal Armed with Assault Weapon or Machine Gun Personal Use of Deadly/Dangerous Weapon Other than Firearm Personal Use of Deadly/Dangerous Weapon and Carjacking Personally Armed with Firearm During Specified Drug Offenses $40,000 11/21/13 Page 24 of 53

25 Penal Code 12022(d) (a) (b) (a) (b) Knowledge that Another Principal is Personally Armed During Specified Drug Offenses New Felony Offense Committed while Defendant Released on Bail or O/R Armed with Firearm with Armor/Metal Piercing Ammunition Wore Bulletproof Vest During Violent Offense Sexual Offenses - Use of Firearm Or Deadly Weapon in Commission (261,262,264.1,286,288,288a,289) Sexual Offenses Armed with Firearm or Deadly Weapon (261,262,264.1,286,288,288a,289) Presumptive Bail $20,000 $25,000 $40, Furnishing Firearm for Felony $20, (a) Personal Use of Firearm $40, (b) (b) (c) (d) Personal Use of Assault Weapon or Machine Gun Personal Use of Firearm in Specified Crimes (Appendix A) Personal Discharge of Firearm in Specified Crimes (Appendix A) Personal Discharge of Firearm Causing GBI or Death in Specified Crimes (Appendix A); or from Vehicle or 246 at Inhabited Dwelling, Vehicle or Aircraft $200,000 11/21/13 Page 25 of 53

26 Penal Code Presumptive Bail Discharging Firearm from Vehicle with GBI or Death (a) to (e) Intentionally Taking or Damaging Property During Felony Personal Infliction of GBI With Permanent Brain Injury or Paralysis Victim Over 70 Child Under 5 DV Case Administer Drug Against Victim s Will by Force or Fear of Injury or amount of alleged loss whichever is greater $30,000 $30, GBI in Specified Sex Offenses Specified Sex Offense with AIDS or HIV Personal Infliction of Injury Terminating Pregnancy $30, Child Endangerment with Death Possession of Destructive Device (formerly PC 12303) Possession of Destructive Device in Public Places (formerly PC ) Possession of materials with intent to make destructive device (formerly PC 12312) $500,000 $500,000 $150,000 11/21/13 Page 26 of 53

27 Penal Code (a) 18755(b) 25300(a)(b) 25400(c) (1-4) 25400(c)(5) (a)(c) (1 4) Carrying or Placing Explosives on Transportation Vehicles (formerly PC ) Explosion of Destructive Device with Intent to Injure (formerly PC ) Explosion or Attempt to Explode Destructive Device with Intent to Murder (Formerly PC 12308) Explosion of Destructive Device - Causing Bodily Injury (formerly PC 12309) Exploding Destructive Device causing death (Formerly PC 12310) Exploding destructive device causing mayhem, GBI (Formerly PC 12310) Carrying a Firearm in Public Place or on Public Street while Masking One s Identity (formerly PC 12040) Carrying Concealed Firearm Prior Felony Conviction, Stolen Firearm, Gang Participant, or Prohibited from Possessing (formerly PC 12025(b) (1-4)) Carrying Concealed Firearm if convicted of crime against person/property or dangerous drug violation (formerly PC 12025) Carrying Loaded Firearm with Intent to Commit Felony (formerly PC 12023) Carrying Loaded, Concealable Firearm on Person or in Vehicle, and in a Public Place if convicted felon, firearm stolen, gang participant, not in lawful possession (formerly PC 12031) Presumptive Bail 11/21/13 Page 27 of 53

28 Penal Code Presumptive Bail (a) 29800(b) (a) 29820(a)-(c) 29825(a) 29900(a) Dealer Selling or Delivering Firearm to Minor (formerly PC 12072(g)(4)) Felon, drug abuser barred from owning, buying, possessing firearm (formerly PC 12021) Certain persons convicted after juvenile certification barred from owning, possessing firearm (formerly PC 12021) Certain misdemeanants barred from owning, possessing firearm (formerly PC 12021) Certain probatiners barred from owning, purchasing, possessing firearm (formerly PC 12021) Certain juvenile offenders barred from owning, possessing firearm until age 30 (formerly 12021) Purchase/receipt of firearm or attempt to purchase, receive by person prohibited by Temporary Restraining Order (TRO) (formerly part of PC 12021) Person Previously Convicted of Violent Offense Prohibited from Possessing Firearms (formerly PC ) Possession of Armor-Piercing Ammunition (formerly PC 12320) Mfg, Sale or Transport Of Armor Piercing Ammunition (Formerly PC 12321) Manufacturer, Transportation, Sale of Assault Weapon (formerly PC 12280) $20,000 $20,000 $20,000 $60,000 11/21/13 Page 28 of 53

29 Penal Code Presumptive Bail (b) 31360(a) Possession of Assault Weapon (formerly PC 12280) Failure to Relinquish/Dispose of SKS Rifle by 1/1/00 (formerly PC 12281) Possession of Body Armor by Felon (Formerly PC 12370) Manufacturing, Importing, Keeping for Sale, Offering Or Exposing for Sale, Giving or Lending Large- Capacity Magazine (formerly 12020(a)(2) $25,000 $25,000 11/21/13 Page 29 of 53

30 1.2 Vehicle Code Vehicle Code (d) Illegal Disclosure of Confidential Home Address Information of Peace Officers with Bodily Injury Presumptive Bail $75, Flight from Pursuing Peace Officer (a) Flight from Pursuing Peace Officer Causing Injury $150, (b) Flight from Pursuing Peace Officer Causing Death $250, Driving in Wrong Direction While Fleeing Police 4463 Falsified Evidence of Registration, Ownership, or Identification $5, Owning or Operating a Chop Shop $25, Knowingly Altering, Counterfeiting, Defacing, Removing, etc., Vehicle Identification Numbers 10803(a) 10803(b) Buying with the Intent to Resell More than One Motor Vehicle or Parts with the Knowledge that the VIN numbers have been Altered Possessing, for the Purpose of Sale, More than One Vehicle or Parts with the Knowledge that the VIN numbers have been Altered Theft and Unlawful Driving or Taking of Vehicle $20,000 11/21/13 Page 30 of 53

31 Vehicle Code w/ PC Theft and Unlawful Driving or Taking of Vehicle; Prior Vehicle theft Presumptive Bail $20, (b)(1) Hit and Run Personal Injury $25, (b)(2) Death or Serious Injury $75, (c) Hit and Run after Manslaughter Reckless Driving Causing One or More Specified Injuries to Person Other than Driver Speed Contests; Exhibition of Speed within 5 Yrs of Prior, when Serious Bodily Injury to Non-Driver Occurs Engaging in Speed Contest Causing One or More Specified Injuries to Person Other than Driver $25, (b) Throwing Substance or Missile at Vehicle with Intent to do Great Bodily Injury Driving Under the Influence with 3 or More Priors With 5 or More Priors Driving Under the Influence Causing Bodily Injury (One Victim) Add per Victim for Second, Third, and Fourth Victim With 2 or More Priors of 23152, or /21/13 Page 31 of 53

32 Vehicle Code Presumptive Bail Causing Bodily Injury or Death of more than One Victim Modify presumptive bail to per additional victim 23566(c) DUI with GBI and 4 priors 11/21/13 Page 32 of 53

33 1.4 Welfare and Institutions Code Welfare & Institutions Code (b) Assault By a CYA Inmate Upon a Non-Inmate by Means of Force Likely to Produce GBI Presumptive Bail Welfare Fraud Perjury - Affirmation of Eligibility $20,000 11/21/13 Page 33 of 53

34 1.5 Health and Safety Codes Health & Safety Code Unlawful Possession Presumptive Bail $5, Possession; Possession for Sale; Transportation for Sale Use of Minor for Unlawful Transaction $20,000 if less than ½ oz. $ 75,000 if exceeding ½ oz. to 2 oz. if exceeding 2 oz. to 1 lb. $200,000 if exceeding 1 lb to 3 lbs. $500,000 if exceeding 3 lbs. to 10 lbs. $1,000,000 if exceeding 10 lbs. $ 50,000 if less than ½ oz. if exceeding ½ oz. to 2 oz. $200,000 if exceeding 2 oz. to 1 lb. $400,000 if exceeding 1 lb. to 3 lbs. $1,000,000 if exceeding 3 lbs. to 10 lbs. $2,000,000 if exceeding 10 lbs. 11/21/13 Page 34 of 53

35 Health & Safety Code Presumptive Bail Sale of Controlled Substance to Minor on Grounds of or Within 1,000 Feet of School Double Bail Of Original Offense Delivery of Falsely Represented Items $ 5, Possession of Marijuana $ 3,000 Cultivation Less than 2 lbs. Involved Possession for Sale 11/21/13 Page 35 of 53

36 Health & Safety Code Presumptive Bail Transportation, Distribution, Importation $10,00 Less than 1 lb $20,000 Exceeding 1lb Exceeding 5lb Exceeding 10 lbs $150,000 Exceeding 50 lbs $200,000 Exceeding 100 lbs Employment of Minors for Unlawful Transactions More than 2 lbs. Involved 11/21/13 Page 36 of 53

37 Health & Safety Code Presumptive Bail 1363 Peyote; Planting and Harvesting $5, Maintaining a Place for Selling, Giving, Using Controlled Substance Management of Location Used for Unlawful Manufacturer or Storage of Controlled Substance Use Location Designed to Suppress Law Enforcement Entry to Sell, Manufacture or Possess Controlled Substance $75, (b) Sale of Chemical, Drug or Laboratory Apparatus for Unlawful Use $25, Generation and Use of Forged or Altered Prescriptions $5, Violation of 11351, , 11352, 11378, , 11379, , , 11380, , with Prior of any related drug offenses. $25,000 11/21/13 Page 37 of 53

38 Health & Safety Code (a) (b) Possession for Sale, Transportation, Sale of Heroin or Cocaine Possession for Sale, Sale, or Transportation of Methamphetamine, Amphetamine, PCP Presumptive Bail $75,000 More than 1 kg $200,000 More than 4 kg $400,000 More than 10 kg $750,000 More than 20 kg More than 40 kg 1.5 Million More than 80 kg More than 1 kg or 30 liter More than 4 kg or 100 liter More than 10 kg or 200 liter More than 20 kg or 400 liter $75,000 $200,000 $400,000 $750, Possession of Controlled Substance $5,000 11/21/13 Page 38 of 53

39 Health & Safety Code Possession for Sale, Sale, Transportation, or Manufacture of Controlled Substance Presumptive Bail $20,000 if less than ½ oz. $75,000 if exceeding ½ oz. to 2 oz. if exceeding 2 oz. to 1 lb. $200,000 if exceeding 1 lb. to 3 lbs. $500,000 if exceeding 3 lbs. to 10 lbs. $1,000,000 if exceeding 10lbs. 11/21/13 Page 39 of 53

40 Health & Safety Code section Presumptive Bail Manufacture, Possession for Manufacture of Methamphetamine, PCP In Structure in Presence of Child Under 16 Causes GBI to Child Under Manufacture of PCP More than 3 gal. or 1 lb More than 10 gal. or 3 lbs More than 25 gal. or 10s lb More than 105 gal. or 44s lb Manufacture, Possession for Manufacture, Methamphetamine or PCP which Causes Death or GBI Employment of Minors for Unlawful Transactions Double bail of underlying charge $75,000 $200,000 $400,000 if less than ½ oz. if exceeding ½ oz. to 2 oz. $200,000 if exceeding 2 oz. to 1 lb. $400,000 if exceeding 1 lb. to 3 lbs. $1,000,000 if exceeding 3 lbs. to 10 lbs. $2,000,000 if exceeding 10 lbs. 11/21/13 Page 40 of 53

41 Health & Safety Code section Substitution of Fraudulently Represented Items Presumptive Bail $5, Possession with Intent to Manufacture $75, (c) 11383(d) Possession of Materials With Intent to Manufacture PCP Possession of Immediate Precursors to Manufacture PCP Possession of Materials With Intent to Manufacture Methamphetamine Possession of Materials With Intent to Sell or Furnish Materials to Another with Knowledge that they Will be Used to Manufacture PCP Possession of Materials with Intent to Sell or Furnish Materials to Another with Knowledge that they Will be Used to Manufacture Methamphetamine $75,000 $75,000 $75,000 $75,000 $75, Knowingly Exposing Another to HIV 11/21/13 Page 41 of 53

42 2.0 ENHANCEMENTS 2.1 ENHANCEMENTS Enhancements Description Presumptive Bail On Parole ADD: $25,000 On Post Release Community Supervision (PRCS) ADD: $25,000 On Misdemeanor Probation ADD: On Felony Probation ADD: $20,000 Each Prior Felony Conviction ADD: Each Prior Felony Conviction with Prior Prison Term ADD: $15,000 One Prior Violent or Serious Felony (as defined in Appendix B) Two or More Prior Violent or Serious Felony (as defined in Appendix B) One Prior Violent or Serious Felony (as defined in Appendix B) and current offense is Violent or Serious Felony $500,000 Or double bail of the new alleged offense, whichever is greater 11/21/13 Page 42 of 53

43 3.1 VIOLENT FELONIES 3.0 VIOLENT/SERIOUS FELONIES Violent Felonies (Penal Code 667.5c): Any felony punishable by death or imprisonment in the state prison for life. Penal Code Threats to Victims or Witnesses that would Constitute Felony Violation of , Criminal Street Gang Activity 187, 189 Murder 192 Voluntary Manslaughter 203, 205 Mayhem Kidnapping 211 Robbery 215 Carjacking 220 Assault with the Intent to Commit Mayhem, Rape, Sodomy, or Oral Copulation 220 Extends Reference to all PC 220 Crimes 261(a)(2), (6) 262(a)(1), (4) (c) 286(c)(1) 286(c)(3) 286(d) Rape by Force, Violence, Duress, Menace, Fear or Threat to Retaliate Spousal Rape by Force, Violence, Duress, Menace, Fear or Threat to Retaliate Rape/Sexual Penetration in Concert by Force or Violence Sodomy by Force, Violence, Duress, Menace, or Fear of Immediate and Unlawful Bodily Injury on the Victim or Another Person Sodomy on Child Under 14 and More than 10 Years Younger than Defendant Sodomy by Threat to Retaliate Sodomy in Concert by Threat to Retaliate 11/21/13 Page 43 of 53

44 Penal Code 288 Lewd Acts on a Child under the Age of 14 Years 288(b)(2) 288a(c)(1) 288a(c)(2) 288a(c)(3) 288a(d) Lewd Act on a Dependent Person by Caretaker Oral Copulation on a Child Under 14 and More than 10 Years Younger than Defendant Oral Copulation by Force, Violence, Duress, Menace, or Fear of Immediate and Unlawful Bodily Injury on the Victim or Another Person Oral Copulation by Threat to Retaliate Oral Copulation in Concert by Threat to Retaliate or Where Victim is Incapable of Giving Legal Consent Continuous Sexual Abuse of a Child (a) 289(a)(2) 289(j) 451 (a), (b) 460(a) 518 Engaging in Sodomy, Sexual Intercourse, Oral Copulation, or Sexual Penetration With a Child Age 10 or Younger Sexual Penetration by Force, Violence, Duress, Menace, or Fear of Immediate and Unlawful Bodily Injury on the Victim or Another Person Sexual Penetration by Threat to Retaliate Sexual Penetration of Child Under 14 and More than 10 Years Younger than Defendant Arson Causing GBI or Burning of Inhabited Structure Property First Degree Burglary with Person Present Extortion that would Constitute a Felony Violation of ; Street Gang Activity 664/187 Attempted Murder 11418(b), (c) (a) Use of Weapon of Mass Destruction Widespread Damage Using a Firearm or Deadly Weapon in Commission of Sex Offenses Use of Firearm in Commission of Felony Use of Firearm in Commission of Felonies Intentional Infliction of GBI or Death by Discharging Firearm from Vehicle 11/21/13 Page 44 of 53

45 Penal Code Infliction of GBI in Commission of Felony Inflicting Great Bodily Injury in Commission of Sex Offense Intentional Infliction of Injury on Pregnant Victim Explosion of Device with Intent to Commit Murder Explosion of Device Explosion of Devise Causing Mayhem, GBI or Death 11/21/13 Page 45 of 53

46 3.2 Serious Felonies Serious Felonies - Penal Code (c); (a): Penal Code Intimidation of Victims or Witnesses Criminal Street Gang Activity that Constitutes a Felony 187,189 Murder (a) 192(c)(1), (3) 192.5(a), (c) Gross Vehicular Manslaughter Involving Personal Infliction of GBI or Personal Use of Dangerous or Deadly Weapon Voluntary Manslaughter Vehicular Manslaughter Involving Personal Infliction of GBI or Personal Use of Dangerous or Deadly Weapon Vehicular Manslaughter with Vessel Involving Personal Infliction of GBI or Personal Use of Dangerous or Deadly Weapon 203, 205 Mayhem Kidnapping 211 Robbery or Bank Robbery 215 Carjacking , 211, 261 Assault with the Intent to Commit Mayhem, Rape, Sodomy or Oral Copulation Assault with Intent to Commit Rape or Robbery 244 Throwing Acid or Flammable Substances 245(c) to Assault with a Deadly Weapon, Firearm, Machinegun, Assault Weapon, or Semiautomatic Firearm or Assault on a Peace Officer or Firefighter Assault with a Deadly Weapon Against a Public Transit Employee, Custodial Officer, or School Employee 11/21/13 Page 46 of 53

47 Penal Code 246 Discharge of a Firearm at an Inhabited Dwelling, Vehicle or Aircraft 261, 262 Rape (c) Commission of Rape or Sexual Penetration in Concert with Another Person Sodomy by Force, Violence, Duress, Menace, Threat of GBI, or Fear of Immediate and Unlawful Bodily Injury on the Victim or Another Person 288 Lewd or Lascivious Act on a Child Under the Age of a(c) Oral Copulation by Force, Violence, Duress, Menace, Threat of GBI, or Fear of Immediate and Unlawful Bodily Injury on the Victim or Another Person Continuous Sexual Abuse of a Child (a) Engaging in Sodomy, Sexual Intercourse, Oral Copulation, or Sexual Penetration with a Child Age 10 or Younger Sexual Penetration by Force, Violence, Duress, Menace, or Fear of Immediate and Unlawful Bodily Injury on the Victim or Another Person 422 Criminal Threats 451 Arson 459, 460 First Degree Burglary 487 Grand Theft Involving a Firearm 664/187 Attempted Murder 4500 Assault by a Life Prisoner on a Non-Inmate 4501 Assault with a Deadly Weapon by an Inmate 4503 Holding of a Hostage by a Person Confined in a State Prison 11/21/13 Page 47 of 53

48 Penal Code 12022(b)(1) Personal Use of Dangerous, Deadly Weapon Personal Use of Firearm Personal Infliction of GBI 12034(c), (d) (b), (c) Shooting from a Vehicle Exploding a Destructive Device or any Explosive with Intent to Injure Exploding a Destructive Device or any Explosive with Intent to Murder Exploding a Destructive Device or any Explosive Causing GBI Exploding a Destructive Device Causing Mayhem, Death or GBI Use of Weapon of Mass Destruction in Form that may Cause Widespread Damage Any attempt to do above, except assault pursuant to PC (c)(39) Any conspiracy to commit an offense above pursuant to PC (c)(42) 11/21/13 Page 48 of 53

49 3.3 Health and Safety Code Health & Safety Code Health and Safety Code Selling or Giving Heroin, Cocaine or Methamphetamine to a Minor 11/21/13 Page 49 of 53

50 3.4 Vehicle Code Vehicle Code (b) Vehicle Code Evading Police Officer Causing Death or Injury with Personal Infliction of GBI or Personal Use of Dangerous or Deadly Weapon Reckless Driving Causing Bodily Injury with Personal Infliction of GBI or Personal Use of Dangerous or Deadly Weapon DUI Causing Injury with Personal Infliction of GBI or Personal Use of a Dangerous or Deadly Weapon 11/21/13 Page 50 of 53

51 Misdemeanor Bail Schedule 4.1 Misdemeanor Bail Schedule General Bail Provisions 6-Month Misdemeanor Violations $ 1, Month Misdemeanor Violations $5,000 Exceptions Listed Below: 4.2 Penal Code CODE SECTION OFFENSE DESCRIPTION PRESUMPTIVE BAIL False Identification $ 5, (a)-(c) Contempt/Protective Orders $ 5, Weapons Possession/Airport $ 5, (c)(2) Vehicular Manslaughter $ 7, Battery $ 3, (e) Domestic Violence $ 5, Violation of Protective Order $ 5, Sex Offender Registration $ 5, Indecent Exposure $ 5, (b) Intent to Authenticate Deceptive Identification Document $ 5, (e) Acquire or Keep, with intent to Defraud the Identifying Documentation of Person Deployed Outside State in Combat or Homeland Defense $ 5, b(b) False Claim to be a Veteran with Intent to Defraud $ 5, (y) Intentionally Avoid Screening at Courthouse Entrance $ 5, Registered Sex Offender on School Grounds Without Lawful Business and Written Permission of the School Administrator Purchasing or Selling a Telephone Calling Pattern Record or List or Offering or Conspiring to do so. Also Obtaining Such List by Fraud or Deceit. $5,000 $3,000 11/21/13 Page 51 of 53

52 CODE SECTION 646.6(a)(2) OFFENSE DESCRIPTION Engaging in Conduct that would be in Violation of PC When the Victim is an Adult but the Perpetrator Who is Motivated by Abnormal Sexual Interest in Children, Believes the Person is Under 18. PRESUMPTIVE BAIL 653c Registered Sex Offender Whose Victim was an Elderly or Dependent Adult Entering or Remaining on the Grounds of a Day Care or Living Facility for The Elderly or Dependent Adults Importing or Receiving Firearms Not Appearing on Statutory Lists by Firearms Dealers $5, (b) Ownership/possession of a firearm by person prohibited by TRO Possession of a.50 BMG Rifle 4.3 Vehicle Code CODE SECTION (v) OFFENSE DESCRIPTION Accessing, Modifying or Extracting Information From a Confidential Vehicle Dealer Computer Record by a vehicle Manufacturer or Distributor Without Prior Written Consent of the Dealer and Without Protecting the Security of the Information PRESUMPTIVE BAIL $3, Accessing, Modifying or Extracting Information from a Confidential Vehicle Dealer Computer Record Without the Prior Written Consent of the Dealer and Without Protecting the Security of the Information. $3, (g) 22658(g) 22658(k) Failure of Towing Agent to Release Vehicle Still Located on Private Property $1,000 Failure of Towing Agent to Release Vehicle Still Located on Private Property $1,000 Refusal of Storage Agent to Accept Credit Card Payment or to Post Notice that Credit Cards are Acceptable Payment $1,000 11/21/13 Page 52 of 53

53 22658(l) 22658(m) Removal of Vehicle by Towing Agent Without Obtaining Written Authorization of Owner $1,000 Failure of Towing Agent to Notify Local Law Enforcement of Removal of Vehicle Within Certain Specified Times $1, Property Damage $ 5,000 CODE SECTION OFFENSE DESCRIPTION PRESUMPTIVE BAIL Driving Under the Influence with Prior(s) $ 5,000 Effective: July 19, /21/13 Page 53 of 53

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