reglab/housing_qa huggingface dataset:
CA Penal Code § 1270 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 1 - Bail|ARTICLE 1 - In What Cases the Defendant May Be Admitted to Bail|Section 1270.

1270.  (a) Any person who has been arrested for, or charged with, an offense other than a capital offense may be released on his or her own recognizance by a court or magistrate who could release a defendant from custody upon the defendant giving bail, including a defendant arrested upon an out-of-county warrant. A defendant who is in custody and is arraigned on a complaint alleging an offense which is a misdemeanor, and a defendant who appears before a court or magistrate upon an out-of-county warrant arising out of a case involving only misdemeanors, shall be entitled to an own recognizance release unless the court makes a finding on the record, in accordance with Section 1275, that an own recognizance release will compromise public safety or will not reasonably assure the appearance of the defendant as required. Public safety shall be the primary consideration. If the court makes one of those findings, the court shall then set bail and specify the conditions, if any, whereunder the defendant shall be released.(b) Article 9 (commencing with Section 1318) shall apply to any person who is released pursuant to this section.(Amended by Stats. 1995, Ch. 51, Sec. 1. Effective January 1, 1996.)
CA Penal Code § 1270.1 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 1 - Bail|ARTICLE 1 - In What Cases the Defendant May Be Admitted to Bail|Section 1270.1.

1270.1.  (a) Except as provided in subdivision (e), before a person who is arrested for any of the following crimes may be released on bail in an amount that is either more or less than the amount contained in the schedule of bail for the offense, or may be released on the person’s own recognizance, a hearing shall be held in open court before the magistrate or judge:(1) A serious felony, as defined in subdivision (c) of Section 1192.7, or a violent felony, as defined in subdivision (c) of Section 667.5, but not including a violation of subdivision (a) of Section 460 (residential burglary).(2) A violation of Section 136.1 where punishment is imposed pursuant to subdivision (c) of Section 136.1, Section 273.5 or 422 if the offense is punished as a felony, or Section 646.9.(3) A violation of paragraph (1) of subdivision (e) of Section 243.(4) A violation of Section 273.6 if the detained person made threats to kill or harm, has engaged in violence against, or has gone to the residence or workplace of, the protected party.(b) The prosecuting attorney and defense attorney shall be given a two-court-day written notice and an opportunity to be heard on the matter. If the detained person does not have counsel, the court shall appoint counsel for purposes of this section only. The hearing required by this section shall be held within the time period prescribed in Section 825.(c) At the hearing, the court shall consider evidence of past court appearances of the detained person, the maximum potential sentence that could be imposed, and the danger that may be posed to other persons if the detained person is released. In making the determination whether to release the detained person on their own recognizance, the court shall consider the potential danger to other persons, including threats that have been made by the detained person and any past acts of violence. The court shall also consider any evidence offered by the detained person regarding the detained person’s ties to the community and ability to post bond.(d) If the judge or magistrate sets the bail in an amount that is either more or less than the amount contained in the schedule of bail for the offense, the judge or magistrate shall state the reasons for that decision and shall address the issue of threats made against the victim or witness, if they were made, in the record. This statement shall be included in the record.(e) Notwithstanding subdivision (a), a judge or magistrate, pursuant to Section 1269c, may, with respect to a bailable felony offense or a misdemeanor offense of violating a domestic violence order, increase bail to an amount exceeding that set forth in the bail schedule without a hearing, provided an oral or written declaration of facts justifying the increase is presented under penalty of perjury by a sworn peace officer.(Amended by Stats. 2021, Ch. 626, Sec. 52. (AB 1171) Effective January 1, 2022.)
CA Penal Code § 1270.2 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 1 - Bail|ARTICLE 1 - In What Cases the Defendant May Be Admitted to Bail|Section 1270.2.

1270.2.  When a person is detained in custody on a criminal charge prior to conviction for want of bail, that person is entitled to an automatic review of the order fixing the amount of the bail by the judge or magistrate having jurisdiction of the offense. That review shall be held not later than five days from the time of the original order fixing the amount of bail on the original accusatory pleading. The defendant may waive this review.(Added by Stats. 1986, Ch. 658, Sec. 1.)
CA Penal Code § 1270.5 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 1 - Bail|ARTICLE 1 - In What Cases the Defendant May Be Admitted to Bail|Section 1270.5.

1270.5.  A defendant charged with an offense punishable with death cannot be admitted to bail, when the proof of his or her guilt is evident or the presumption thereof great. The finding of an indictment does not add to the strength of the proof or the presumptions to be drawn therefrom.(Added by renumbering Section 1270 (as enacted in 1872) by Stats. 1986, Ch. 248, Sec. 165.)
CA Penal Code § 1271 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 1 - Bail|ARTICLE 1 - In What Cases the Defendant May Be Admitted to Bail|Section 1271.

1271.  If the charge is for any other offense, he may be admitted to bail before conviction, as a matter of right.(Enacted 1872.)
CA Penal Code § 1272 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 1 - Bail|ARTICLE 1 - In What Cases the Defendant May Be Admitted to Bail|Section 1272.

1272.  After conviction of an offense not punishable with death, a defendant who has made application for probation or who has appealed may be admitted to bail:1. As a matter of right, before judgment is pronounced pending application for probation in cases of misdemeanors, or when the appeal is from a judgment imposing a fine only.2. As a matter of right, before judgment is pronounced pending application for probation in cases of misdemeanors, or when the appeal is from a judgment imposing imprisonment in cases of misdemeanors.3. As a matter of discretion in all other cases, except that a person convicted of an offense subject to this subdivision, who makes a motion for release on bail subsequent to a sentencing hearing, shall provide notice of the hearing on the bail motion to the prosecuting attorney at least five court days prior to the hearing.(Amended by Stats. 1984, Ch. 1202, Sec. 2. Effective September 17, 1984.)
CA Penal Code § 1272.1 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 1 - Bail|ARTICLE 1 - In What Cases the Defendant May Be Admitted to Bail|Section 1272.1.

1272.1.  Release on bail pending appeal under subdivision (3) of Section 1272 shall be ordered by the court if the defendant demonstrates all the following:(a) By clear and convincing evidence, the defendant is not likely to flee. Under this subdivision the court shall consider the following criteria:(1) The ties of the defendant to the community, including his or her employment, the duration of his or her residence, the defendant’s family attachments and his or her property holdings.(2) The defendant’s record of appearance at past court hearings or of flight to avoid prosecution.(3) The severity of the sentence the defendant faces.(b) By clear and convincing evidence, the defendant does not pose a danger to the safety of any other person or to the community.Under this subdivision the court shall consider, among other factors, whether the crime for which the defendant was convicted is a violent felony, as defined in subdivision (c) of Section 667.5.(c) The appeal is not for the purpose of delay and, based upon the record in the case, raises a substantial legal question which, if decided in favor of the defendant, is likely to result in reversal.For purposes of this subdivision, a “substantial legal question” means a close question, one of more substance than would be necessary to a finding that it was not frivolous. In assessing whether a substantial legal question has been raised on appeal by the defendant, the court shall not be required to determine whether it committed error.In making its decision on whether to grant defendants’ motions for bail under subdivision (3) of Section 1272, the court shall include a brief statement of reasons in support of an order granting or denying a motion for bail on appeal. The statement need only include the basis for the order with sufficient specificity to permit meaningful review.(Amended by Stats. 1989, Ch. 150, Sec. 1.)
CA Penal Code § 1273 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 1 - Bail|ARTICLE 1 - In What Cases the Defendant May Be Admitted to Bail|Section 1273.

1273.  If the offense is bailable, the defendant may be admitted to bail before conviction:First—For his appearance before the magistrate, on the examination of the charge, before being held to answer.Second—To appear at the Court to which the magistrate is required to return the depositions and statement, upon the defendant being held to answer after examination.Third—After indictment, either before the bench warrant is issued for his arrest, or upon any order of the Court committing him, or enlarging the amount of bail, or upon his being surrendered by his bail to answer the indictment in the Court in which it is found, or to which it may be transferred for trial.And after conviction, and upon an appeal:First—If the appeal is from a judgment imposing a fine only, on the undertaking of bail that he will pay the same, or such part of it as the appellate Court may direct, if the judgment is affirmed or modified, or the appeal is dismissed.Second—If judgment of imprisonment has been given, that he will surrender himself in execution of the judgment, upon its being affirmed or modified, or upon the appeal being dismissed, or that in case the judgment be reversed, and that the cause be remanded for a new trial, that he will appear in the Court to which said cause may be remanded, and submit himself to the orders and process thereof.(Amended by Code Amendments 1875-76, Ch. 80.)
CA Penal Code § 1274 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 1 - Bail|ARTICLE 1 - In What Cases the Defendant May Be Admitted to Bail|Section 1274.

1274.  When the admission to bail is a matter of discretion, the Court or officer to whom the application is made must require reasonable notice thereof to be given to the District Attorney of the county.(Enacted 1872.)
CA Penal Code § 1275 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 1 - Bail|ARTICLE 1 - In What Cases the Defendant May Be Admitted to Bail|Section 1275.

1275.  (a) (1) In setting, reducing, or denying bail, a judge or magistrate shall take into consideration the protection of the public, the seriousness of the offense charged, the previous criminal record of the defendant, and the probability of his or her appearing at trial or at a hearing of the case. The public safety shall be the primary consideration. In setting bail, a judge or magistrate may consider factors such as the information included in a report prepared in accordance with Section 1318.1.(2) In considering the seriousness of the offense charged, a judge or magistrate shall include consideration of the alleged injury to the victim, and alleged threats to the victim or a witness to the crime charged, the alleged use of a firearm or other deadly weapon in the commission of the crime charged, and the alleged use or possession of controlled substances by the defendant.(b) In considering offenses wherein a violation of Chapter 6 (commencing with Section 11350) of Division 10 of the Health and Safety Code is alleged, a judge or magistrate shall consider the following: (1) the alleged amounts of controlled substances involved in the commission of the offense, and (2) whether the defendant is currently released on bail for an alleged violation of Chapter 6 (commencing with Section 11350) of Division 10 of the Health and Safety Code.(c) Before a court reduces bail to below the amount established by the bail schedule approved for the county, in accordance with subdivisions (b) and (c) of Section 1269b, for a person charged with a serious felony, as defined in subdivision (c) of Section 1192.7, or a violent felony, as defined in subdivision (c) of Section 667.5, the court shall make a finding of unusual circumstances and shall set forth those facts on the record. For purposes of this subdivision, “unusual circumstances” does not include the fact that the defendant has made all prior court appearances or has not committed any new offenses.(Amended by Stats. 2014, Ch. 71, Sec. 128. (SB 1304) Effective January 1, 2015.)
CA Penal Code § 1276 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 1 - Bail|ARTICLE 1 - In What Cases the Defendant May Be Admitted to Bail|Section 1276.

1276.  (a) A bail bond or undertaking of bail of an admitted surety insurer shall be accepted or approved by a court or magistrate without further acknowledgment if executed by a licensed bail agent of the insurer under penalty of perjury and issued in the name of the insurer by a person authorized to do so by an unrevoked power of attorney on file in the office of the clerk of the county in which the court or magistrate is located.(b) One person may both execute and issue the bail bond or undertaking of bail if qualified as provided in this section.(Added by Stats. 1982, Ch. 517, Sec. 316.)
CA Penal Code § 1276.1 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 1 - Bail|ARTICLE 1 - In What Cases the Defendant May Be Admitted to Bail|Section 1276.1.

1276.1.  (a) On and after January 1, 2022, no insurer, bail agent, or other bail licensee shall enter into a contract, agreement, or undertaking of bail that requires the payment of more than one premium for the duration of the agreement, and the duration of the agreement shall be until bail is exonerated. On and after January 1, 2022, no insurer, bail agent, or other bail licensee, shall charge, collect, or receive a renewal premium in connection with a contract, agreement, or undertaking of bail. (b) On and after July 1, 2022, no insurer or insurance licensee shall enter into a contract, agreement, or undertaking to post an immigration bond that requires the payment of more than one premium for the duration of the agreement, and the duration of the agreement shall be until the bond is exonerated. An insurer or insurance licensee shall not charge, collect, or receive a renewal premium in connection with a contract, agreement, or undertaking to post an immigration bond entered into on and after July 1, 2022.(c) The violation of this section by an insurer, insurance licensee, bail agent, or other bail licensee shall make the violator liable to the person affected by the violation for all damages that person may sustain by reason of the violation plus statutory damages in the sum of three thousand dollars ($3,000). Any person affected by a violation of this section shall be entitled, if they prevail, to recover court costs and reasonable attorney’s fees as determined by the court in any action brought to enforce this section.(Added by Stats. 2021, Ch. 444, Sec. 1. (AB 1347) Effective January 1, 2022.)
CA Penal Code § 1277 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 1 - Bail|ARTICLE 2 - Bail Upon Being Held to Answer Before Indictment|Section 1277.

1277.  When the defendant has been held to answer upon an examination for a public offense, the admission to bail may be by the magistrate by whom he is so held, or by any magistrate who has power to issue the writ of habeas corpus.(Enacted 1872.)
CA Penal Code § 1278 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 1 - Bail|ARTICLE 2 - Bail Upon Being Held to Answer Before Indictment|Section 1278.

1278.  (a) Bail is put in by a written undertaking, executed by two sufficient sureties (with or without the defendant, in the discretion of the magistrate), and acknowledged before the court or magistrate, in substantially the following form:An order having been made on the ____ day of ____, 20__, by ____, a judge of the ____ Court of ____ County, that ____ be held to answer upon a charge of (stating briefly the nature of the offense), upon which he or she has been admitted to bail in the sum of ____ dollars ($____); we, ____ and ____, of ____ (stating their place of residence and occupation), hereby undertake that the above-named ____ will appear and answer any charge in any accusatory pleading based upon the acts supporting the charge above mentioned, in whatever court it may be prosecuted, and will at all times hold himself or herself amenable to the orders and process of the court, and if convicted, will appear for pronouncement of judgment or grant of probation, or if he or she fails to perform either of these conditions, that we will pay to the people of the State of California the sum of ____ dollars ($____) (inserting the sum in which the defendant is admitted to bail). If the forfeiture of this bond be ordered by the court, judgment may be summarily made and entered forthwith against the said (naming the sureties), and the defendant if he or she be a party to the bond, for the amount of their respective undertakings herein, as provided by Sections 1305 and 1306.(b) Every undertaking of bail shall contain the bail agent license number of the owner of the bail agency issuing the undertaking along with the name, address, and phone number of the agency, regardless of whether the owner is an individual, partnership, or corporation. The bail agency name on the undertaking shall be a business name approved by the Insurance Commissioner for use by the bail agency owner, and be so reflected in the public records of the commissioner. The license number of the bail agent appearing on the undertaking shall be in the same type size as the name, address, and phone number of the agency.(Amended by Stats. 2004, Ch. 104, Sec. 1. Effective January 1, 2005.)
CA Penal Code § 1279 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 1 - Bail|ARTICLE 2 - Bail Upon Being Held to Answer Before Indictment|Section 1279.

1279.  The qualifications of bail are as follows:1. Each of them must be a resident, householder, or freeholder within the state; but the court or magistrate may refuse to accept any person as bail who is not a resident of the county where bail is offered;2. They must each be worth the amount specified in the undertaking, exclusive of property exempt from execution, except that if any of the sureties is not worth the amount specified in the undertaking, exclusive of property exempt from execution, but owns any equity in real property, a hearing must be held before the magistrate to determine the value of such equity. Witnesses may be called and examined at such hearing and if the magistrate is satisfied that the value of the equity is equal to twice the amount of the bond such surety is justified. In any case, the court or magistrate, on taking bail, may allow more than two sureties to justify severally in amounts less than that expressed in the undertaking, if the whole justification be equivalent to that of sufficient bail.(Amended by Stats. 1931, Ch. 1172.)
CA Penal Code § 1280 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 1 - Bail|ARTICLE 2 - Bail Upon Being Held to Answer Before Indictment|Section 1280.

1280.  The bail must in all cases justify by affidavit taken before the magistrate, that they each possess the qualifications provided in the preceding section. The magistrate may further examine the bail upon oath concerning their sufficiency, in such manner as he may deem proper.(Enacted 1872.)
CA Penal Code § 1280a (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 1 - Bail|ARTICLE 2 - Bail Upon Being Held to Answer Before Indictment|Section 1280a.

1280a.  All affidavits for the justification of bail shall set forth the amount of the bail undertaking, a notice that the affidavit shall constitute a lien upon the real property described in the affidavit immediately upon the recordation of the affidavit with the county recorder pursuant to Section 1280b, and the legal description and assessor’s parcel numbers of the real estate owned by the bail, which is scheduled as showing that they each possess the qualifications provided in the preceding sections, the affidavit shall also show all encumbrances upon the real estate known to affiants and shall show the number of bonds, if any, on which each bail has qualified, within one year before the date of the affidavit, together with the amount of each such bond, the date on which, the county in which, and the name of the principal for whom each bond was executed.The affidavit shall also state the amount of each bail’s liability on bonds executed in previous years and not exonerated at the date of the execution of the affidavit and be signed and acknowledged by the owner of the real property.(Amended by Stats. 1987, Ch. 828, Sec. 82.)
CA Penal Code § 1280b (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 10 - MISCELLANEOUS PROCEEDINGS|CHAPTER 1 - Bail|ARTICLE 2 - Bail Upon Being Held to Answer Before Indictment|Section 1280b.

1280b.  It shall be the duty of the judge or magistrate to file with the clerk of the court, within 24 hours after presentation to him or her, all affidavits for the justification of bail, by delivering or mailing them to the clerk of the court. Certified copies of the affidavits for justification of bail involving equity in real property may upon the written order of the judge or magistrate be recorded with the county recorder.(Amended by Stats. 1988, Ch. 676, Sec. 1.)