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2020UNIFORM BAIL SCHEDULE(Felony and Misdemeanor)SUPERIOR COURT OF CALIFORNIACOUNTY OF ORANGE

Superior Court of CaliforniaCounty of OrangeChambers ofKIMBERLY MENNINGER700 CIVIC CENTER DRIVE WESTSANTA ANA, CA 92701PHONE: 657-622-5205JUDGEDEPARTMENT C5CHAIR, UNIFORM BAIL COMMITTEETO:ORANGE COUNTY BAIL SCHEDULE HOLDERSLAW ENFORCEMENT AGENCIESSUBJECT:2020 UNIFORM BAIL SCHEDULE(FELONY AND MISDEMEANOR)1.Orange County Bail Schedule HoldersPursuant to Penal Code section 1269b, this bail schedule was approved by the judges of theSuperior Court of California, County of Orange, and is effective January 1, 2020.2.Law Enforcement AgenciesThe purpose of this bail schedule is to fix an amount upon which a person who is arrested withouta warrant may be released from custody prior to appearance in court. At and after a defendant'sfirst appearance, pursuant to Penal Code section 1269b(b), the amount of bail, if any is allowed,shall lie with the sound discretion of the judicial officer before whom the defendant appeared,and may be greater or less than the amount set forth in this schedule, subject to the provisionsof Penal Code section 1275. This schedule may also be used by a magistrate in fixing bailpursuant to Penal Code section 815a at the time an arrest warrant is issued, the amount whichlies with the sound discretion of the magistrate.Prevailing legislation places the burden on law enforcement agencies to notify the magistrateif the scheduled bail is not adequate for the crime. It is recommended that each agency maketheir personnel cognizant of Penal Code section 1270.l, as certain provisions may apply if bailmodifications occur.Also, paraphrased below is Penal Code section 1269c:If a defendant is arrested without a warrant for a bailable felony offense or for the misdemeanoroffense of violating a domestic violence restraining order, and a peace officer has reasonablecause to believe that the amount of bail set forth in the schedule is insufficient to assure thedefendant’s appearance or to assure the protection of a victim, or family member of a victim, ofdomestic violence, the peace officer shall prepare a declaration under penalty of perjury settingforth the facts and circumstances in support [of a higher bail].3.Further information is available 24 hours a day through Pre-Trial Services by calling (714) 6474581.Hon. Kimberly Menninger, ChairUniform Bail Procedures Committee

ORANGE COUNTY UNIFORM BAIL SCHEDULETABLE OF CONTENTSFelony Bail Schedule .1Determining Felony Bail.1Persons Not Entitled to Bail .1Bail for Offenses Involving Larceny .1Presumptive Bail .1Penal Code Section 1270.1.2Bail Limit for Multiple Offenses .2Holds for Out-of-County Charges .2Violation of Probation .2Code Sections and Subsections.2Revisions/Additions to Felony Bail Schedule .2Penal Code Description - Felony .3Vehicle Code Description - Felony .9Health & Safety Code Description – Felony.11Misdemeanor/Infraction Bail Schedule . . .15Determining Misdemeanor Bail .15Determining Infraction Bail .15Revisions/Additions to Misdemeanor /Infraction Bail Schedule .15Additions to Superior Court Case Management System .16Bail Limit for Multiple Felony/Misdemeanor Offenses .16Unlisted Penal Code Misdemeanor .17Unlisted Health & Safety Code Misdemeanor .18Unlisted Vehicle Code Misdemeanor .19

A.B.Determining Felony Bail:1.Felony Bail Schedule shall be applicable throughout Orange County and isapplicable to all arrests without a warrant for bailable felony offenses.2.Violent felony offenses will have a presumptive life sentence when two or morestrikes are documented.3.If two or more strike priors are documented on serious and/or non-violent felonycharges, the bail will be enhanced as follows: 2nd Strike Prior at 200,000, anda 3rd Strike Prior at 300,000.Persons not entitled to be released on bail are those charged with:1.Capital crimes (i.e. murder with special circumstance), when the facts areevident or the presumption great. Penal Code section 1270.5 & CaliforniaConstitution, Article 1, Section 12(a);2.Felony offenses involving act of violence on another person when the facts areevident or the presumption great and the court finds based upon clear andconvincing evidence that there is a substantial likelihood the person’s releasewould result in great bodily harm to others; or3.Felony offenses when the facts are evident or the presumption great and thecourt finds based upon clear and convincing evidence that the person hasthreatened another with great bodily harm and that there is a substantiallikelihood that the person would carry out the threat if released. CaliforniaConstitution, Article 1, Section 12(c).C.Bail for offenses involving larceny under the Penal Code, as listed in this schedule(e.g. P.C. 487, 496, 504, etc.), is the scheduled amount or the amount of [loss],whichever is higher. This policy is also to apply to fraud type offenses of other Codes(e.g. Insurance Code, Revenue and Taxation Code, etc.) for which no presumptivebail is specified in this schedule, at the presumptive bail for top term potential, below,or the amount of loss, whichever is higher.D.For all offenses and enhancements for which no presumptive bail is specified in thisschedule, the presumptive bail shall be set according to state prison top term potentialfor the offense plus enhancement:Top term 3 yearsTop term 4 yearsTop term 5 yearsTop term 6 yearsTop term 7 yearsTop term 8 yearsTop term 9 yearsTop term 10 yearsTop term 11 yearsTop term 12 yearsTop term 13 yearsTop term 14 yearsTop term 15 yearsTop term 16 years*One Strike Prior*Two Strike Prior*Three Strike PriorAll life 0200,000300,0001,000,000Pursuant to Penal Code §1192.7(c); 667.5(c)1

E.F.Penal Code section 1270.1 prohibits the release of an arrestee on bail in an amountOTHER THAN THAT SET FORTH ON THE BAIL SCHEDULE prior to a hearing inopen court for:1.Violent felonies as described in Penal Code section 667.5(c), but not 460(a);2.Serious felonies as described in Penal Code section 1192.7(c) (including thoselisted in Penal Code section 1192.8); and3.Violations of Penal Code sections 136.1(c), 243(e)(1), 262, 273.5, 273.6,422 (as a felony, and 646.9).Bail Limit for Multiple Offenses - A bail limit for a case with multiple charges will beestablished as follows:1.Felony only. The highest bail amount for any one felony offense, plusenhancement, will apply.2.Felony with misdemeanor or infraction violations. The highest bail amount forany one felony offense, plus enhancement, will apply. Misdemeanor andinfraction bails will not be considered.G.Holds for Out-of-County Charges - The Felony Bail Schedule will apply to holds placedfor out-of-county charges when no amount has been previously established or shownon a warrant.H.Violation of Probation:1.Arrest without a warrant shall have NO BAIL if offense is for violating the termsof felony probation, mandatory supervision, post release communitysupervision and parole.2.BAIL will be set at 15,000.00 if offense is for violating the terms ofmisdemeanor probation.I.All references to a code section shall include all subsections thereof unless a specificbail is set forth for a particular subsection.J.Revisions/Additions to the Felony Bail Schedule:The following procedure is established to make interim changes to the bail schedulewithout a formal meeting of the bail committee1.The staff will present to the chair of the Uniform Bail Procedures Committee allproposed interim changes to the approved bail schedule.2.When the changes have been approved, a revised page for the bail schedulewill distributed to all agencies holding authorized copies.2

SUPERIOR COURT OF CALIFORNIACOUNTY OF ORANGEFELONY BAIL SCHEDULEPENAL CODEPENAL CODESECTIONOFFENSE114Using false documents to conceal true citizenship182Conspiracy187Murder - with special circumstance50,000Same as substantiveoffenseAll other murders191.5BAILNo bail1,000,000Vehicular homicide (DUI with gross negligence)100,000192(a)Manslaughter - voluntary100,000192(b)Manslaughter - involuntary25,000192(c)(1)Manslaughter - driving vehicle with gross negligence100,000192(c)(2)Vehicular homicide (without gross negligence)100,000192(c)(3)Vehicular homicide (accident caused for financial gain)100,000203Mayhem100,000205Aggravated mayhem (life)207Kidnapping100,000207(b)Kidnapping victim under 14 years of age500,000209(a)Kidnapping for ransom or extortion (life)1,000,000209(b)Kidnapping for robbery (life)1,000,000209.5Kidnapping during a carjacking (life)1,000,000210.5False imprisonment - kidnap to evade arrest1,000,0002111,000,000Robbery212.5(a)(b) – First Degree100,000212.5(c) - Second Degree50,000215Carjacking100,000219Train wrecking (life)220(a)1,000,000Assault with intent to commit mayhem, rape, sodomy, oralcopulation, or any violation of Penal Code section 264.1, 288 or2893Same as substantiveoffense

SUPERIOR COURT OF CALIFORNIACOUNTY OF ORANGEFELONY BAIL SCHEDULEPENAL CODEPENAL lt with intent to commit sexual offense, or any violation ofPenal Code section 264.1, 288 or 289 during the commission of1st degree burglary (life)1,000,000Human Trafficking250,000False imprisonment - elder or dependent person50,000Battery243(c) upon peace officer, etc. with injury20,000243(d) with serious bodily injury25,000Sexual battery25,000245(a)(1)Assault with deadly weapon or instrument other than a firearm25,000245(a)(2)Assault with a firearm50,000245(a)(3)Assault with a machinegun or assault weapon70,000245(a)(4)Assault on a person by means of force likely to produce G.B.I25,000Assault with deadly weapon other than a firearm or force likely toproduce G.B.I. upon a peace officer or firefighter50,000245(d)(1)Assault with a firearm upon a peace officer or firefighter100,000245(d)(2)Assault with a semiautomatic upon a peace officer or firefighter100,000246Shooting at inhabited dwelling, building, occupied motor vehicle250,000Discharge of firearm - gross negligence25,000Rape100,000Unlawful sexual intercourse with person under 18 years of age20,000Spousal rape100,000264.1Rape in concert with force & violence100,000266hPimping35,000266h(b)(1)Pimping for prostitute minor over 16 years of age35,000266h(b)(2)Pimping for prostitute under 16 years of age45,000243.4245(c)246.3261261.5(c)2624

SUPERIOR COURT OF CALIFORNIACOUNTY OF ORANGEFELONY BAIL SCHEDULEPENAL CODEPENAL llful harm or injury to child likely to produce G.B.I.100,000273d(a)Corporal punishment or injury of child50,000Corporal injury of spouse, cohabitant former spouse orcohabitant or mother or father of his or her child50,000With prior conviction within 7 years under 273.5(f)100,000278Child stealing25,000286Sodomy273.5286(b)(1)If victim under 18 years of age50,000286(b)(2)If victim under 16 and defendant over 21 years of age50,000286(c)If victim under 14 and defendant more than 10 years older thanvictim or defendant compelled another by force, duress orthreats of great bodily injury100,000286(d)If in concert with force and violence100,000286(e)If committed in state prison or jail50,000If victim unconscious or nature of act/incapable of consent100,000286(f) & (g)287Oral copulation287(b)(1)If victim under 18 years of age50,000287(b)(2)If victim under 16 and defendant over 21 years of age50,000287(c)If victim under 14 and defendant more than 10 years older thanvictim or defendant compelled another to participate by force,duress or threats of G.B.I.100,000287(d)If in concert with force and violence100,000287(e)If committed in state prison or jail50,000If victim unconscious of nature of act/incapable of consent100,000Lewd act with child under 14 years of age100,000Lewd act with child under 14 years with force100,000287(f) & (g)288(a)288(b)(1) & (2)5