Misdemeanors.

Existing law provides that in any case in which a person is arrested for a misdemeanor violation of a protective court order involving domestic violence, as defined, or arrested for a misdemeanor pursuant to a policy relating to domestic violence, the person shall be taken before a magistrate rather than being released, unless the arresting officer determines that there is not a reasonable likelihood that the offense will continue or resume or that the safety of persons or property would be imminently endangered by release of the person arrested. Existing law requires that before any person who has been arrested for commission of certain crimes, including specified domestic violence offenses, stalking, and criminal threats, is released on bail in an amount other than that specified in the schedule of bail or is released on his or her own recognizance, a hearing be held at which the court shall consider certain enumerated factors including the potential danger the detained person poses to other persons. This bill would clarify that the provisions authorizing the arresting officer to release a person arrested for a misdemeanor without regard to scheduled bail do not apply to those specified crimes. Under existing law, in any case in which a person is arrested for a misdemeanor, including a violation of any city or county ordinance, and does not demand to be taken before a magistrate, the person is required to be released according to specified procedures. Existing law also specifies that those provisions are not to be construed to affect a defendant's ability to be released on bail or on his or her own recognizance. This bill would instead provide that those provisions are not to be construed to affect a defendant's ability to be released on bail or on his or her own recognizance except as provided in another provision restricted release, for certain charges, including specified misdemeanor domestic violence offenses. Existing law requires that whenever a person is arrested for a misdemeanor, that person shall be released according to certain procedures unless one of specified reasons exists for nonrelease and requires the arresting officer to indicate the reason for nonrelease, as specified. This bill would specify as a reason for nonrelease that the person was subject to a separate provision that forbids release of a person for specified offenses, including certain misdemeanor domestic violence violations, prior to a hearing held in open court before a magistrate or judge on any basis except payment of the scheduled bail. This bill would incorporate additional changes to Section 853.6 of the Penal Code proposed by AB 1209 contingent on the prior enactment of that bill.