BAIL EXCEPTION. FELONY SEXUAL ASSAULT. LEGISLATIVE CONSTITUTIONAL AMENDMENT. • Amends State Constitution to add felony sexual assault offenses to crimes currently excepted from right to bail, which are 1) capital crimes; 2) felonies involving acts of violence when there is a substantial likelihood of harm to others if bail is granted; and, 3) any felony when the accused has threatened another with great bodily harm and the court finds a substantial likelihood that release would result in such harm. • Requires judicial findings upon clear and convincing evidence of likelihood that release would result in great bodily harm to others. Summary of Legislative Analyst's Estimate of Net State and Local Government Fiscal Impact: • Unknown, but probably not significant, costs to local governments for jailing individuals denied bail. • Unknown, but probably not significant, savings to the state because some individuals held without bail and then convicted can receive credit for their jail time, thereby reducing the length of stay in prison.
Legislative Vote Results
Final Votes Cast by the Legislature on ACA 37 (Proposition 189) Assembly - Ayes, 69; Noes, 0 -- Senate - Ayes, 30; Noes, 0 --
Popular Vote Results
Y: 6378386; A: 79.4; N: 1653454; B: 20.6
Assembly Constitutional Amendment
DEDE ALPERT, Assemblywoman, 78th District; MARGARET SNYDER, Assemblywoman, 25th District; ROBERT PRESLEY, State Senator, 36th District --
TED BROWN, Chairman, Libertarian Party of Los Angeles County; RICHARD BURNS, Attorney at Law; RICHARD RIDER, Stockbroker/Financial Planner --
Rebuttal Against Author
DEDE ALPERT, Assemblywoman, 78th District; MARGARET SNYDER, Assemblywoman, 25th District; CRUZ M. BUSTAMANTE, Assemblyman, 31st District --
Bail Exception. Felony Sexual Assault. California Proposition 189 (1994).