Upload
trandien
View
217
Download
0
Embed Size (px)
Citation preview
Effective: March 12, 2019 Page 1 2019 Non- Traffic Misdemeanor and Infraction Bail Schedule
2019 NON-TRAFFIC MISDEMEANOR AND INFRACTION BAIL SCHEDULE
Contents Page # Symbols and Abbreviations
Notes 2 #M-F Felony Wobbler
Penal Code 3 M Misdemeanor
Business & Professions Code 13 I Infraction
Education Code 13 I-M Misdemeanor Wobbler
Food & Agricultural Code 13 PC Penal Code
Government Code 13 “*” Offenses subject to PC 1270.1
Health & Safety Code 14 “**” Offenses subject to PC 646.93
Labor Code 16 "+" Symbol preceding bail amount means bail is forfeitable
Revenue & Taxation Code 16
Streets & Highways Code 16
Unemployment Insurance Code 17
Vehicle Code 17
Welfare & Institutions Code 18
Effective: March 12, 2019 Page 2 2019 Non- Traffic Misdemeanor and Infraction Bail Schedule
NOTES
1. Hearing Required by Penal Code Section 1270.1 Penal Code section 1270.1 requires a court hearing before anyone arrested for certain offenses can
be released (a) on his or her own recognizance, or (b) on bail in an amount that varies from the bail
schedule. The hearing requirement applies to the following charges:
• A “serious felony” as defined in Penal Code section 1192.7(c).
• A “violent felony” as defined in Penal Code section 667.5(c), except for a residential burglary under Penal Code section 460(a).
• Penal Code section 136.1(c) (preventing or dissuading testimony), if a felony.
• Penal Code section 243(e)(1) (dating-partner battery), if a misdemeanor or felony.
• Penal Code section 262 (spousal rape), if a misdemeanor or felony.
• Penal Code section 273.5 (spousal battery) if a misdemeanor or felony.
• Penal Code section 273.6 (violation of a domestic violence protective order) a misdemeanor.
• Penal Code section 422 (terrorist threats), if a felony.
• Penal Code section 646.9 (stalking) if a misdemeanor or felony.
Offenses subject to Penal Code section 1270.1 are marked in this schedule with a single asterisk (*).
2. Notice Required by Penal Code Section 646.93 Effective January 1, 2000, Penal Code section 646.93 requires the County Sheriff to give notice to the
District Attorney of the release on bail of any person who was arrested for a violation of Penal Code
section 646.9 (stalking). It also requires the District Attorney to make reasonable efforts to notify the
victims about the prerelease hearing required by Penal Code section 1270.1 (see paragraph 1,
above), and allows the victims to address the court at the hearing on the issue of bail.
Offenses subject to Penal Code section 646.93 are marked in this schedule with a double asterisk (**).
3. Bail for Violation of Unscheduled Penal Code Section
• $10,000 bail for unscheduled M-F "wobbler."
• $5,000 bail for unscheduled Penal Code misdemeanors with 1 year maximum sentence.
• $5,000 bail for unscheduled Penal Code misdemeanors with 6 months maximum sentence.
• $100 bail for unscheduled Penal Code infractions.
4. Bail for Violation of Unscheduled Local Municipal Codes
• $150 base bail for all unscheduled Local Municipal Code within the local Municipal code misdemeanors unless a different bail is set.
• $50 base bail for all unscheduled local municipal code within the local municipal code infractions unless a different bail is set.
• All infractions & misdemeanors adopted pursuant to a local municipal code are eligible for bail forfeiture unless prohibited by the code.
Effective: March 12, 2019 Page 3 2019 Non- Traffic Misdemeanor and Infraction Bail Schedule
NOTES
5. Infractions
• Penal Code infractions are defined in PC 17(d).
• Punishment for infractions is in PC 19.6: infractions not punishable by imprisonment.
• Per PC 19.8, a fine for an infraction cannot exceed $250 unless expressly provided in another section.
PENAL CODE
CODE SEC. DESCRIPTION TYPE BAIL MAXIMUM SENTENCE
69 Resist officer by threats #M-F $20,000 1 year
71 Threaten injury to pub official #M-F $20,000 1 year
76 Threaten GBI pub. off/judge #M-F $20,000 1 year
95.1 Threaten juror #M-F $15,000 1 year
96.5 Obstruct justice by judicial officer M $10,000 1 year
112 / 113 Manufacturing false documents to conceal citizenship
M $5,000 1 year
135.5 Alter evidence in officer discipline proceeding
M $5,000 6 months
136.1 (a), (b) Witness intimidation/tampering #M-F $10,000 1 year
139 Felon threatening witness #M-F $10,000 1 year
140 Threatening witness, victim, informant
#M-F $15,000 1 year
148(a)(1) (a)(2)
Interfering with officer and police radio transmissions
M $5,000 1 year
148(b),(d) Resisting an officer, etc., with removal of weapon
#M-F $20,000 1 year and $1,000
148.1 False bomb report #M-F $10,000 1 year
148.2 Interfere with emergency personnel M $5,000 6 months
148.4(a) Tamper with or false fire alarm M $5,000 1 year and/or $1,000
151(a)(1) Advocate killing or injuring officer M $20,000 6 months
166(a)(4) Contempt of Court: violation of order connected with domestic violence
M
$20,000
Effective: March 12, 2019 Page 4 2019 Non- Traffic Misdemeanor and Infraction Bail Schedule
PENAL CODE
CODE SEC. DESCRIPTION TYPE BAIL MAXIMUM SENTENCE
166(b)(1) Contempt of Court: violation of order connected with stalking
M M M
$20,000 $20,000 $10,000
1 year and $5,000 166(c)(1)
166 Contempt of Court: All Other
171(c)/171(d) Bringing loaded firearm in specified offices
#M-F $10,000 1 year (d) = conditions for M-F
186.28 Supply firearm used in felony by criminal street gang member
#M-F $25,000 1 year
192(c) (1),(2),(3)
Vehicular manslaughter #M-F $25,000 1 year and $1,000 (PC 672)
193.8 Relinquishing vehicle to intoxicated minor to drive
I $250 $250
217.1(a) Assault on public official #M-F $10,000 1 year
236 False imprisonment #M-F $10,000 1 year (M-F if certain conditions PC 237)
241(b) Assault on policeman/fireman M $10,000 1 year and/or $2,000
242 Battery M $5,000 6 months
243(a) Battery M $5,000 6 months
243(b) Battery on police officer (w/o resulting injury)
M $5,000 1 year and/or $2,000
243(c)(1) Battery on police officer (w/ injury) #M-F $10,000 1 year or $2,000
243(d) Battery (w/serious bodily injury) #M-F $20,000 1 year
243(e) * Battery on non-cohabiting former spouse, other
M $15,000 1 year and/or $2,000
243.2 Battery on school grounds, parks, or hospitals
M $5,000 1 year
243.3 if injury = #M-F $10,000
Battery against public transit M $5,000 1 year
243.4(a)-(c) #M-F $20,000
243.4(a) Sexual battery M $10,000 1 year
243.6 if injury = #M-F $10,000 1 year
Battery on school employee M $5,000
243.7 Battery against juror #M-F $20,000 1 year
Effective: March 12, 2019 Page 5 2019 Non- Traffic Misdemeanor and Infraction Bail Schedule
PENAL CODE
CODE SEC. DESCRIPTION TYPE BAIL MAXIMUM SENTENCE
244.5 (c) Assault on peace officer w/ a stun gun or taser
#M-F $20,000 1 year and $1,000
245(a)(1) Assault with deadly weapon #M-F $10,000 1 yr and/or $10,000
245(a)(2) Assault with firearm #M-F $15,000 1 year and/or $10,000
(6 mos. min under PC 1203.09 5)
246 Shoot firearm at inhabited, occupied building or vehicle
#M-F $20,000 1 year and $1,000 (PC 672) (6 mos. min under PC 1203.095)
246.3 Gross negligent discharge of firearm #M-F $20,000 1 year
247 Discharge of firearm at building or vehicle (not occupied)
#M-F $10,000 1 year
247.5 Discharge laser at aircraft #M-F $20,000 1 year
248 Interfere with operations of aircraft M $5,000 1 year
261.5(c)(d) Unlawful sexual intercourse with minor
#M-F $10,000 1 year
270 Failure to provide support to minor child
#M-F $5,000 1 year and/or $2,000
271/271(a) Desertion/Abandonment of child under 14
#M-F $10,000 1 year
272 Contributing to delinquency/dependency of juvenile
M $5,000 1 year and/or $2,500
273a(1) Injury or endangerment of child #M-F $10,000 1 year
273(d) Corporal punishment on child (cruel or inhuman)
#M-F $20,000 1 year
273.5 Domestic Violence / inflicting corporal injury
#M-F $20,000 1 year and/or $6,000 (mandatory minimums for subsequent committed within 7 yrs)
273.6 * Violation of restraining order #M-F $20,000 1 year and/or $1,000
273.65 Violation of protective order M $20,000 1 year
273.7 Disclosing location of domestic violence shelter
M $5,000 6 months
278 Child abduction #M-F $10,000 1 year
Effective: March 12, 2019 Page 6 2019 Non- Traffic Misdemeanor and Infraction Bail Schedule
PENAL CODE
CODE SEC. DESCRIPTION TYPE BAIL MAXIMUM SENTENCE
278.5 Child abduction in violation of custody/visitation order
#M-F $20,000 1 year
280(a) (b)
Child concealment M $5,000 1 year
#M-F $10,000
286(b)(1) Sodomy #M-F $10,000 1 year
288(c)(1) Lewd act with child 14/15 years #M-F $10,000 1 year
(c)(2) Lewd act with dependent child by caretaker
#M-F $25,000
288a(b)(1) Oral copulation with minor #M-F $10,000 1 year
288.2(a),(b) Harmful matter sent with intent to seduce minor
#M-F $10,000 6 months
289(c) Sexual penetration of disabled, mentally ill
#M-F $20,000 1 year
289(h) Sexual penetration of minor #M-F $15,000 1 year
289.5 Sex offender - Flight to Calif. to avoid prosecution
M $10,000 6 months
290(g)(1) Failure to register M $5,000 1 year and $1,000 plus additional fines
290.95 Failure to disclose 290 reg. Status M $5,000 6 months
313.1 (a-d) Distributing harmful matter to minor #M-F $15,000 if prior
M $10,000 1 year
314.1 Lewd or obscene conduct; indecent exposure
M $10,000
330 Unlawful gambling M $1000 6 months and/or $1000 fine
332 Theft by Fraud, trick or cheating M $5,000 6 months
337j(a) Controlled game offenses without license
M $2,500 1 year
(b), (c), (f)
347(b) False report of adulterated food or medicine
#M-F $10,000 1 year
368 (b) Elder/dependent adult abuse with GBI
#M-F $20,000 1 year
368 (c) Elder/dependent adult abuse without GBI
M $15,000 6 months
Effective: March 12, 2019 Page 7 2019 Non- Traffic Misdemeanor and Infraction Bail Schedule
PENAL CODE
CODE SEC. DESCRIPTION TYPE BAIL MAXIMUM SENTENCE
368(d) Non-caretaker theft from elder/dependent adult
#M-F $10,000 1 year
368(e) Caretaker theft from elder/dependent adult
#M-F $15,000 1 year
369g Trespass on railroad or rail-line track (joy riding)
M $1,500 6 months
369(i) Trespass on railroad property M $1,500 6 months
372 Public Nuisance M $2,500
374(c) Shooting on public highway M $20,000 6 months
374.2 Harmful sewer dumping M $10,000 1 year (felony if repeated offenses)
374.3 Dumping I $250 $1000
374.3(h) Dumping in commercial quantities M $5,000 6 months
374.4 Littering I $250 $1000
374.7 Dumping of waste in waters M $1,500 No CJ specified - just fines
375(a),(b) Release of hazardous material #M-F $5,000 1 year
402 Interference with emergency personnel
M $5,000 6 months
404.6 (a) Incitement to riot in jail/prison w/GBI
#M-F $10,000 $25,000
1 year 1 year
(c)
405 Riot M $5,000 1 year and/or $1,000
409 Refusal to disperse when ordered M $2,500 6 months
415 Disturbing the peace I-M $250 I: $250
M: $400 and/or 90 days
417(a)(1) Brandishing/exhibiting - threatening with weapon
M $5,000 6 mos. and $1,000
(30 days min)
1 year and $1,000 max and mandatory 3 mos. min if brandished in presence of person cleaning up graffiti or vandalism [6 months]
Effective: March 12, 2019 Page 8 2019 Non- Traffic Misdemeanor and Infraction Bail Schedule
PENAL CODE
CODE SEC. DESCRIPTION TYPE BAIL MAXIMUM SENTENCE
417(a)(2) Brandishing/exhibiting - threatening with firearm
M $10,000 6 mos. and $1,000 (3 mos. min under PC 1203.09 5)
1 year and $1,000 max and mandatory 3 mos. min if brandished in presence of person cleaning up graffiti or vandalism
417.4 Brandishing a fake firearm M $5,000 6 months
417.6(a) Serious bodily injury while brandishing
M $20,000 1 year
420.1 Obstructing entry on land I $500 Max fine
422 * Terrorist threats, threats to commit crime
#M-F $20,000 1 year
422.6 Use of force, threats to interfere with civil rights
M $5,000 1 year
459 Burglary #M-F $5,000 1 year
463(c) Looting #M-F $5,000 1 year
468 Unlawful possession of sniperscope M $10,000 1 year
481.1(b) Counterfeiting Public Transport Fare Ticket (misd)
M $2,500
484 Petty theft M $2,500 6 months
485 Find lost property; not return; theft I $250 $250
487 Grand theft #M-F $5,000 1 year
490.1 Theft of < $50 money, property, labor I $250 $250
490.7 Theft of free newspapers I $250 $250
496 Possession of stolen property #M-F $5,000 1 year
496(d) Purchase/receive stolen vehicles, vessels or equipment
M $5,000
499(b) Joyriding - taking vehicle without owner's consent
M $2,500 90 days and/or $400
502(c)(1-5) Unlawful computer access #M-F $5,000 1 year
Effective: March 12, 2019 Page 9 2019 Non- Traffic Misdemeanor and Infraction Bail Schedule
PENAL CODE
CODE SEC. DESCRIPTION TYPE BAIL MAXIMUM SENTENCE
502(c)(6-8) Computer Fraud $2,500 Depends on value of computer services 502(c)(8) - No injury = I w $250 fine Loss < $5000 = M w/$5,000 fine & 1 year CJ or both
502(c)(9) Computer Fraud $2,500 L h $5000 fi $5000
No injury = I w/$250 fine
530.5 Using personal I.D. info of another to obtain credit, goods or services in other’s name
#M-F $10,000 1 year
532b(c)(1) Veteran who falsely represents self as awarded military decoration with intent to defraud
M $250 6 mos. and/or $250
532(d) False representation to solicit for charity
M $5,000 1 year
538d Representing self as peace officer M $5,000 6 mos. and/or $1,000
555 Unlawful entry to posted property I $250 $250
594(b)(1) Vandalism more than $50,000 #M-F $10,000 1 year
594(b)(2) between $5,000 - $50,000 #M-F $5,000 1 year
594(b)(3) between $400 - $5,000 M $5,000 1 year
594(b)(4) less than $400 M $2,500 6 months
594(b)(4)(B) less than $400 with prior vandalism
M $5,000 1 year
597(b) Cruelty to animals #M-F $10,000 6 months and $20,000
601 Trespass by threat to cause serious bodily injury
#M-F $7,500 1 year
602(j) Trespass to interfere M $2,500 1 year
602(n) Refusal to leave property M $2,500 1 year
602(o) Trespass on property not open to public
M $250 6 mos and/or $250
602(p) Refusal to leave public building M $2,500 1 year
602(u) Refusal to leave women’s shelter M $5,000 1 year
Effective: March 12, 2019 Page 10 2019 Non- Traffic Misdemeanor and Infraction Bail Schedule
PENAL CODE
CODE SEC. DESCRIPTION TYPE BAIL MAXIMUM SENTENCE
602.1 Obstructing business M $2,500 90 days
602.5 Unauthorized entry of dwelling M $5,000 6 months
602.9 Unlawful possession to rent property of another
M $5,000 6 months
602.13 Entering animal enclosure at zoo I $250 $250
626.2 Trespass onto university, state university, or community college after suspension/dismissal
M $2,500 6 months
626.6 Refusal to leave college or university campus
M $2,500 6 months
626.7 Unlawful reentry, refusal to leave campus
M $2,500 6 months
626.8 Disruptive presence at school M $2,500 6 months
626.9 Possession of firearm within 1,000 feet of school
#M-F $10,000 1 year
626.10 Bringing weapons onto school grounds
#M-F $15,000 1 year
626.85 Drug offenders on school grounds M $5,000 6 months
626.95 Possession of firearm on school grounds
#M-F $10,000 1 year
637.7 Unlawful invasion of privacy by electronic devices
M $5,000 6 months
637.9 Prohibited activities of list broker re pers info of minor
M $5,000 6 months
640 Public transportation infractions: fare evasion; misusing tickets; playing music; spitting; disturbing others; smoking/eating/drinking
I $250 $250 and 48 hrs community service
646.9 * (**) Stalking #M-F $25,000 1 year
647(b) Prostitution M $2,500 + 500 for each add'l.
6 months and /or $1,000
647(c) Aggressive Panhandling M $2,500
Effective: March 12, 2019 Page 11 2019 Non- Traffic Misdemeanor and Infraction Bail Schedule
PENAL CODE
CODE SEC. DESCRIPTION TYPE BAIL MAXIMUM SENTENCE
647(e) Illegal Lodging M $2,500
647(f) Drunk in Public M $2,500
647(h) Loitering M $2,500 6 months
647(i) “Peeping Tom” M $5,000 6 months
647(j) Unlawful lodging M $2,500 6 months
647(k) Invasion of privacy - viewing into fitting room, bathroom, etc.
M $5,000 6 months
647.6 Child molestation (647.6(a) is only a M)
#M-F $10,000 1 year and/or $1,000, plus additional fines (PC 290.3; 294(a))
653f(d) Soliciting the sale of narcotics #M-F (prior)
M
$5,000 $2,500
1 year subsequent offenses 6 months = 1st offense
653(g) Loitering on school grounds M $2,500 6 months
653(m) Annoying telephone calls M $5,000 1 year
653.22 Loitering to commit prostitution M $2,500 6 months
653.23 Recruit, aiding in committing prostitution
M $10,000 6 months
666 Petty Theft (prior conviction for certain offenses)
#M-F $5,000 1 year
853.7 Willful violation of promise to appear M $2,500 6 months
1203.2 Violation of Misdemeanor Probation M No Bail until set by court
1320 Failure to appear after O.R. M $5,000 6 months
3003.5 Unlawful cohabitation between registered sex offenders
M $2,500 (Not stated)
4532(c)(2) Escape [only (c)(2) is a misdemeanor] M $10,000 1 year (all others are felonies)
4550(b) Rescue of prisoner #M-F $10,000 1 year
4570 Unauthorized communication with prisoner
M $2,500 6 months
4570.5 False I.D. to enter prison M $5,000 6 months
Effective: March 12, 2019 Page 12 2019 Non- Traffic Misdemeanor and Infraction Bail Schedule
PENAL CODE
CODE SEC. DESCRIPTION TYPE BAIL MAXIMUM SENTENCE
11411(a) (b) (c)
Terrorism M $10,000 $10,000 $10,000
1 year 1 year 1 year
17500 Possess dangerous weapons with intent to assault
#M-F $10,000 1 year and $1,000
17510 Picketing with a concealed weapon M $10,000 6 months
18710 Possession of destructive device #M-F $10,000 1 year
18735 Sale of ammunition >.60 caliber M $5,000 6 months
19910 Sale of BB gun to minor M $5,000 6 months
19915 Furnishing BB gun to minor without parental consent
M $5,000 6 months
22900 Sale of tear gas M $5,000 1 year
23920 Possession of unmarked firearm M $5,000 6 months
25100 Storage of loaded firearm / 1st degree #M-F $10,000 1 year
25140 Person shall not leave gun in car unless locked and out of sight
I $250 $1,000
25200 Storage of firearm - child carries off premises
M $15,000 1 year
25400 Carrying concealed firearm on person or in vehicle
$20,000
25452 PC 25140 applies to peace officers and retired peace officers
I $250 $1,000
25850 Carrying loaded firearm on person or in vehicle
M $20,000 6 mos. and/or $1,000
26350 Carrying openly an unloaded handgun
M $10,000
28250 False firearm registration M $5,000 6 months
29010 License requirement for firearm manufacturer
M $5,000 6 months
29800 Possession of firearm by ex-con or narcotic addict
#M-F $20,000 1 year and/or $1,000
Effective: March 12, 2019 Page 13 2019 Non- Traffic Misdemeanor and Infraction Bail Schedule
BUSINESS & PROFESSIONS CODE
NOTES: $5,000 bail for unscheduled M-F wobblers
$2,500 bail for unscheduled B&P Code misdemeanors
$100 bail for unscheduled B&P Code infractions
CODE SEC. DESCRIPTION TYPE BAIL MAXIMUM SENTENCE
7028 Contracting without a license M $5,000 6 mos. and/or $2,000
23300 Selling liquor without license #M-F $5,000 6 mos. and/or $1,000
25607 Poss. of distilled spirits with only beer and wine license
M $2,500 6 mos. and/or $1,000
25631 Selling liquor between 2-6 am M $2,500 6 mos. and/or $1,000
25658(b) Minor consuming/purchasing liquor M $1,000 $250 and/or community service
25661(a) Person under 21 using, possessing false ID
M $250 $250
25665 Minor entered and remained in public place
M $500 $1000 ($200 min)
.
EDUCATION CODE
NOTES: $5,000 bail for unscheduled M-F wobblers
$2,500 bail for unscheduled Ed. Code misdemeanors
CODE SEC. DESCRIPTION TYPE BAIL MAXIMUM SENTENCE
.
FOOD & AGRICULTURAL CODE
NOTES: $5,000 bail for unscheduled M-F wobblers
$2,500 bail for unscheduled Food & Agric. Code misdemeanors
$100 bail for unscheduled Food & Agric. Code infractions
CODE SEC. DESCRIPTION TYPE BAIL MAXIMUM SENTENCE
5346 Attempt to conceal articles from inspection
I-M $40 "I: $1,000 (F&A 5309)
.
GOVERNMENT CODE
CODE SEC. DESCRIPTION TYPE BAIL MAXIMUM SENTENCE
27204 att to record a non-recordable document
M/I $250 $250
Effective: March 12, 2019 Page 14 2019 Non- Traffic Misdemeanor and Infraction Bail Schedule
HEALTH & SAFETY CODE
NOTES: $5,000 bail for unscheduled M-F wobblers
$1,500 bail for unscheduled H & S Code misdemeanors
Bail for all H & S Code misdemeanors relating to food preparation, storage, etc., is $00 base plus penalty]¹ 1 Limited to H&S Code sections 24101.3; 27550; 27551;27580; 27591; 27601; 27603 - 27611; 27613; 17621 - 27627; 27629-27632; 26635 - 27637; 27671 - 27673; 27675 - 27676; 27991
CODE SEC. DESCRIPTION TYPE BAIL MAXIMUM SENTENCE
11357(a)(1) Possession of less than 1 oz. of marijuana or 4 grams of hash, under age 18
I $250 Infraction
11357(a)(2) Possession of less than 1 oz. of marijuana or 4 grams of hash, age 18-21
I $100 $100
11357(b)(1) Possession of more than 1 oz. of marijuana or 4 grams of hash, under age 18
I $250 1st off- 8hrs drug ed + up to 40 hrs VB
2nd off- 10hrs drug ed + up to 60 hrs VB
11357(d) Possession of less than 1 oz of marijuana or 4 grams of hash at school, under age 18
I $250 Infraction
11358(a) Cultivation of any amount, under age 18
I $250 Infraction
11358(b) Cultivation of up to 6 plants, age 18-21 I $100 $100
11360(a)(1) Sale, furnish, transport, import into state any amount, under age 18
I $250 1st off- 8hrs drug ed + up to 40 hrs VB
2nd off- 10hrs drug ed + up to 60 hrs VB
11360(b) Sale, furnish, transport, import into state less than 1 oz of marijuana or 4 grams of hash
I $100 $100
11362.1(a)(1) Possess, process, transport, purchase, give away up to 1 oz of marijuana or 8 oz hash, under age 21
I $250 Infraction
11362.1(a)(2) Possess, process, transport, purchase, give away up to 1 oz of marijuana or 8 oz hash, under age 21
I $250 Infraction
11362.1(a)(3) Cultivation of up to 6 plants, under age 21
I $250 Infraction
11362.1(a)(4) Smoke or ingest marijuana, under age 21
I $250 Infraction
11362.1(a)(5) Possess marijuana accessories, under age 21
I $250 Infraction
Effective: March 12, 2019 Page 15 2019 Non- Traffic Misdemeanor and Infraction Bail Schedule
HEALTH & SAFETY CODE
NOTES: $5,000 bail for unscheduled M-F wobblers
$1,500 bail for unscheduled H & S Code misdemeanors
Bail for all H & S Code misdemeanors relating to food preparation, storage, etc., is $00 base plus penalty]¹ 1 Limited to H&S Code sections 24101.3; 27550; 27551;27580; 27591; 27601; 27603 - 27611; 27613; 17621 - 27627; 27629-27632; 26635 - 27637; 27671 - 27673; 27675 - 27676; 27991
CODE SEC. DESCRIPTION TYPE BAIL MAXIMUM SENTENCE
11362.2(a) Excessive Cultivation of marijuana I $250 Per 11362.4(e
11362.2(a) Excessive Cultivation of marijuana, by juvenile
I $250 Per 11364.2(f)
11362.3(a)(1) Smoking marijuana in public, under age 18
I $100 $100 max, under 18, 4 hrs drug treatment +20 hrs volunteer work
11362.3(a)(2) Smoking marijuana where smoking prohibited, under age 18
I $250 $250 max, under 18, 4 hrs drug treatment +20 hrs volunteer work
11362.3(a)(3) Smoking marijuana within 1000 ft of school, under age 18
I $250 $250 max, under 18, 4 hrs drug treatment +20 hrs volunteer work
11362.3(a)(4) Open marijuana container in car I $250 $250 max, under 18, 4 hrs drug treatment +20 hrs volunteer work
11362.3(a)(5) Possess marijuana in school per 11362.4(d)
I $250 $250 -1st offense, Under 18, 8 hrs drug education +40 hrs volunteer work
11362.3(a)(6) Cooking with dangerous chemicals F $75,000 prison
11362.3(a)(7) Smoking, ingesting marijuana while driving
M/F $1,500 6 mos and/or $1000
11362.3(a)(8) Passenger smoking, ingesting marijuana in car while operated
M $1500
6 mos and/or $1000
11364 Possession of any device, contrivance or instrument used for injecting a narcotic
M $2,500 180 days and/or $500 (15 days and $30 min under H&S 11374)
11365 Visiting any room or place where narcotics are being used or have recently been smoked
M $500 180 days and/or $500 (15 days and $30 min under H&S 11374)
11550(a) Under the influence of narcotics M $2,500 1 yr (90 day min.) and/or $1,000
Effective: March 12, 2019 Page 16 2019 Non- Traffic Misdemeanor and Infraction Bail Schedule
HEALTH & SAFETY CODE
NOTES: $5,000 bail for unscheduled M-F wobblers
$1,500 bail for unscheduled H & S Code misdemeanors
Bail for all H & S Code misdemeanors relating to food preparation, storage, etc., is $00 base plus penalty]¹ 1 Limited to H&S Code sections 24101.3; 27550; 27551;27580; 27591; 27601; 27603 - 27611; 27613; 17621 - 27627; 27629-27632; 26635 - 27637; 27671 - 27673; 27675 - 27676; 27991
CODE SEC. DESCRIPTION TYPE BAIL MAXIMUM SENTENCE
12677 Possess dangerous fireworks without valid permit
M $500 base plus penalty
1 yr and/or $1,000 ($500 min. per H&S 12700)
13001 Causing a fire by lighted cigarette, etc. M $5,000 6 mos. and/or $1,000
.
LABOR CODE
NOTES: $5,000 bail for unscheduled M-F wobblers
$2,500 bail for unscheduled Labor Code misdemeanors
CODE SEC. DESCRIPTION TYPE BAIL MAXIMUM SENTENCE
216(a) Failure to pay wages M $5,000 6 mos. and/or $1,000
.
REVENUE & TAXATION CODE
NOTES: $5,000 bail for unscheduled M-F wobblers
$2,500 bail for unscheduled Rev. & Tax. Code misdemeanors
CODE SEC. DESCRIPTION TYPE BAIL MAXIMUM SENTENCE
.
STREETS & HIGHWAYS CODE
NOTES: $5,000 bail for unscheduled M-F wobblers
$2,500 bail for unscheduled Street & Highway Code misdemeanors
CODE SEC. DESCRIPTION TYPE BAIL MAXIMUM SENTENCE
Effective: March 12, 2019 Page 17 2019 Non- Traffic Misdemeanor and Infraction Bail Schedule
.UNEMPLOYMENT INSURANCE CODE
NOTES: $5,000 bail for unscheduled M-F wobblers
$2,500 bail for unscheduled Unemp. Ins. Code misdemeanors
CODE SEC. DESCRIPTION TYPE BAIL MAXIMUM SENTENCE
2101 Making false statement to obtain or increase benefit
M-F $2,500 1 yr and/or $1,000 (UI 2117)
2110 Employer failure to pay withholding M-F $2,500 1 yr and/or $1,000 (UI 2118)
.
VEHICLE CODE
CODE SEC. DESCRIPTION TYPE BAIL MAXIMUM SENTENCE
2800.1 Flight from pursuing peace officer M $10,000
2800.2 Driving in willful or wanton disregard for safety of person and property while fleeing from pursuing officer
M-F $20,000
5201.1 obscuring readability of license plate I $250 $250
12500 Unlicensed driver I $250 $250
14601.2 Driving when license suspended or revoked for a conviction of a violation of VC section 23152 or section 23153
M $5,000
14601a Driving when license suspended or revoked for reckless driving
M $3,000
20001 (a) Duty to stop at scene of injury accident M $10,000
23109 Speed contest I $250 $500
23152 (a) Driving Under the Influence of Alcohol or Drugs
M $5,000
23152 (a) with 1 prior
Driving Under the Influence of Alcohol or Drugs
M $15,000
23152 (a) with 2 priors
Driving Under the Influence of alcohol or Drugs
M $30,000
23152 (b) Driving with having blood alcohol of .08% or more
M $5,000
23152 (b) with 1 prior
Driving Under the Influence with Blood Alcohol Count of .08% or more
M $15,000
23152 (b) with 2 priors
Driving Under the Influence of with Blood Alcohol Count of .08% or more
M $30,000
Effective: March 12, 2019 Page 18 2019 Non- Traffic Misdemeanor and Infraction Bail Schedule
VEHICLE CODE
CODE SEC. DESCRIPTION TYPE BAIL MAXIMUM SENTENCE
23153(a) Driving Under the Influence of Alcohol or Drugs and causing bodily injury to any person other than the driver
M $10,000
23153(b) Driving with having blood alcohol of .08% or more and causing bodily injury to any person other than the driver
M $10,000
40508 Violation of promise to appear/pay fine I $238 $238
42005 Failure to attend driving instruction I $238 $238
..
WELFARE & INSTITUTIONS CODE
NOTES: $5,000 bail for unscheduled M-F wobblers
$2,500 bail for unscheduled Welf. & Inst. Code misdemeanors
Bail for all H & S Code misdemeanors relating to food preparation, storage, etc., is $00 base plus penalty] 1
CODE SEC. DESCRIPTION TYPE BAIL MAXIMUM SENTENCE
10980(c)(1) Welfare fraud (Under $400) M $2,500 6 months and/or $500
10980(c)(2) Welfare fraud (Over $400) M-F $5,000 1 year and/or $1,000