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CAPITOL UPDATE #38 September 16, 2021

 September 16, 2021

California Federation of Republican Women
Sue Blair, President

        Submitted by the CFRW Legislative Analyst Committee        
  Gretchen Cox, Elaine Freeman, Lou Ann Flaherty,
Val Emick, and Theresa Speake


Friday, September 10 was the last day of the legislative session where all bills had to pass out of both houses to be placed on the Governor’s desk. The Governor has until October 10th to either sign, veto, or let the bills become law without his signature. If a bill is vetoed, the Governor is required to make comment as to the reason for the veto. By doing this, the Governor is providing information to the author on how to structure the bill for the next legislative session.

There are hundreds of bills pending for his review. One being watched closely is SB 9 which allows for a single-family lot to be subdivided and a second home built on the new lot without local control. It should be noted that each of these homes could then build an additional dwelling unit (ADU) by right so where there was one home there could be four. There is no minimum lot size required nor is there any requirement for additional parking to accommodate the new homes. This is one to watch because it really does take away local control.

AB 1395-Climate Proposal- This bill suffered a resounding defeat on the final day of the legislative session. The bill would have set a goal for the state to reach net-zero emissions by 2045. Many moderate Democrats did not vote on the bill, and it failed without adequate support.

SB 262 – Bail- Existing law provides for the procedure of approving and accepting bail and issuing an order for the appearance and release of an arrested person. Existing law requires the superior court judges in each county to prepare, adopt, and annually revise a uniform countywide schedule of bail, as specified, and requires the superior court judges, when adopting that schedule, to consider the seriousness of the offense charged and assign an additional amount of required bail for each aggravating or enhancing factor chargeable in the complaint, as specified.

THIS BILL WOULD instead require the Judicial Council to, starting January 1, 2023, prepare, adopt, and annually revise a statewide bail schedule. The bill would require the Judicial Council, when adopting that schedule, to consider the seriousness of the offense charged and input from stakeholders, experts, and other interested parties.

Some of those offenses include: all misdemeanor domestic violence cases; rape when great bodily injury is not caused; non-violent felonies when there is not a specific threat of violence; all gun crimes where there is no proof of future great bodily harm; all carjackings where no proof of future great bodily harm- among others. The bill would also require the court, prior to setting bail, to consider whether nonfinancial conditions will protect the public and the victim and assure the arrestee’s presence at trial (AKA “no bail”).

The bill would, if the court concludes that money bail is necessary, require the court to conduct an inquiry into the arrestee’s ability to pay, as specified. The bill would prohibit costs relating to conditions of release on bail from being imposed on persons released on bail or on their own recognizance. This bill would require the court to order a return of money or property paid to a bail bond licensee by or on behalf of the arrestee to obtain bail if the action or proceeding against the arrestee who has been admitted to bail is dismissed, no charges are filed against the arrestee within 60 days of arrest, or the arrestee has made all court appearances during the pendency of the action or proceeding against the arrestee, as specified.

This bill would take effect immediately as an urgency statute. This bill undermines the will of the voters who rejected a similar law in November of 2020 by voting NO to Proposition 25 by double digits when 9.3 million voters opted to keep the cash bail system in California.

For further information on any of the bills mentioned here, click the Bill # in the email. Or you can CLICK HERE and simply enter the bill # or keywords where designated.

Find/contact your local Legislators, click HERE to inquire about or let them know your opinion about bills or issues.

To contact your U.S. Representatives, call the Capitol Switchboard at (202) 224-3121

Listen to hearings on bills that interest you – 

Calif. Legislative Portal links- Express your support or opposition to a bill or directly to the Legislative committee currently reviewing it (as an individual, not as a member of RWF or CFRW)– click here, or the bill’s author- click hereenter your bill # and look for tab at top of the bill page labeled “Comments to Author”

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