AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on June 10, 2020, effective June 20 , 2020 Emergency rule 4. Emergency Bail

Schedule [Repealed] ................................ ...... 2 1 2

2 Emergency rule 4. Emergency Bail

Schedule [Repealed] 1 2 (

a) Purpose 3 4 Notwithstanding any other law, this rule establishes a statewide Emergency Bail 5 Schedule, which is intended to promulgate uniformity in the handling of certain 6 offenses during the state of emergency related to the COVID-19 pandemic. 7 8 (

b) Mandatory application 9 10 No later than 5 p.m. on April 13, 2020, each superior court must apply the 11 statewide Emergency Bail Schedule: 12 13

(1) To every accused person arrested and in pretrial custody. 14 15

(2) To every accused person held in pretrial custody. 16 17 (

c) Setting of bail and exceptions 18 19 Under the statewide Emergency Bail Schedule, bail for all misdemeanor and felony 20 offenses must be set at $0, with the exception of only the offenses listed below: 21 22

(1) A serious felony, as defined in Penal Code

section 1192.7(c), or a violent 23 felony, as defined in Penal Code

section 667.5(c); 24 25

(2) A felony violation of Penal Code

section 69; 26 27

(3) A violation of Penal Code

section 166(c)(1); 28 29

(4) A violation of Penal Code

section 136.1 when punishment is imposed under 30

section 136.1(c); 31 32

(5) A violation of Penal Code

section 262; 33 34

(6) A violation of Penal Code sections 243(e)(1) or 273.5; 35 36

(7) A violation of Penal Code

section 273.6 if the detained person made threats 37 to kill or harm, has engaged in violence against, or has gone to the residence 38 or workplace of, the protected party; 39 40

(8) A violation of Penal Code

section 422 where the offense is punished as a 41 felony; 42 43

(9) A violation of Penal Code

section 646.9; 1 2

(10) A violation of an offense listed in Penal Code

section 290(c); 3 4

(11) A violation of Vehicle Code sections 23152 or 23153; 5 6

(12) A felony violation of Penal Code

section 463; and 7 8

(13) A violation of Penal Code

section 29800. 9 10 (

d) Ability to deny bail 11 12 Nothing in the Emergency Bail

Schedule restricts the ability of the court to deny 13 bail as authorized by

article I,

section 12, or 28(f)(3) of the California Constitution. 14 15 (

e) Application of countywide bail

schedule 16 17

(1) The current countywide bail

schedule of each superior court must remain in 18 effect for all offenses listed in exceptions (1) through (13) of the Emergency 19 Bail Schedule, including any count-specific conduct enhancements and any 20 status enhancements. 21 22

(2) Each superior court retains the authority to reduce the amount of bail listed in 23 the court’s current countywide bail

schedule for offenses in exceptions (1) 24 through (13), or for any offenses not in conflict with the Emergency Bail 25 Schedule. 26 27 (

f) Bail for violations of post-conviction supervision 28 29

(1) Under the statewide Emergency Bail Schedule, bail for all violations of 30 misdemeanor probation, whether the arrest is with or without a bench 31 warrant, must be set at $0. 32 33

(2) Bail for all violations of felony probation, parole, post-release community 34 supervision, or mandatory supervision, must be set in accord with the 35 statewide Emergency Bail Schedule, or for the bail amount in the court’s 36 countywide

schedule of bail for charges of conviction listed in exceptions (1) 37 through (13), including any enhancements. 38 39 (

g) Sunset of rule 40 41

4 This rule will remain in effect until 90 days after the Governor declares that the 1 state of emergency related to the COVID-19 pandemic is lifted, or until amended or 2 repealed by the Judicial Council. 3 4 Emergency rule 4 repealed effective June 20, 2020. 5