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One new proposal has been posted for comment: Criminal and Traffic Procedure: Appearance in Court for Infractions Without Deposit of Bail

Tuesday, September 01, 2015 8:41 PM | Amelia Montgomery (Administrator)

Comments sought:
 
One new proposal has been posted for comment:
 
Criminal and Traffic Procedure: Appearance in Court for Infractions Without Deposit of Bail
Item Number: SP15-06
Deadline for Comments: September 7, 2015 5:00 PM
Submit Comment Online Or, email: invitations@jud.ca.gov

The Criminal Law and Traffic Advisory Committees propose amending rule 4.105 of the California Rules of Court to apply the rule to non-traffic infractions and require courts to consider the totality of the circumstances of a particular case when making bail determinations before trial. The committees also propose adding an advisory committee comment to clarify the scope of the rule and explain that consideration of the totality of the circumstances includes whether an order setting bail would impose an undue hardship on the defendant. The proposed amendments were developed in response to recent Judicial Council directives to expand the application of the rule and promote access to justice in all infraction cases.

If you have any questions, please contact Camilla Kieliger, at camilla.kieliger@jud.ca.gov, or at 415-865-7681.

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