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Proposition 25, officially the Referendum to Overturn a 2018 Law That Replaced Money Bail System with A System Based on Public Safety Risk, is a California ballot proposition that appeared on the ballot for the general election on November 3, 2020. [1] The "no" side prevailed, resulting in retention of the system of cash bail in the state. [2]
California uses a bail schedule system, and judges in state court are directed to refer to the bail schedule while also taking into account the defendant's criminal record and whether the defendant poses a danger to the community. [33] The California legislature attempted to eliminate cash bail entirely. [34]
2003–2024 2020 2024–present G.W. Bush: 67 Senior Judge Dale S. Fischer: Los Angeles: 1951 2003–2024 — 2024–present G.W. Bush: 71 Senior Judge Valerie Baker Fairbank: Los Angeles: 1949 2007–2012 — 2012–present G.W. Bush: 74 Senior Judge George H. Wu: Los Angeles: 1950 2007–2023 — 2023–present G.W. Bush: 78 Senior Judge John ...
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Bail is required to ensure the defendant will come back to court if they are released. When there is either a public safety risk (e.g. accusations of violent crime) or a risk that the defendant won't show up to court (e.g. the defendant has a history of not showing up to court), the judge will deny bail and require the defendant to stay in custody.
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Marsy's Law, the California Victims' Bill of Rights Act of 2008, enacted by voters as Proposition 9 through the initiative process in the November 2008 general election, is an amendment to the state's constitution and certain penal code sections.
Though the California legislature attempted to eliminate cash bail in 2018, this change was vetoed by California Proposition 25 in November 2020. In 2019, New York passed bail reform legislation that took effect on January 1, 2020, eliminating cash bail for many misdemeanor and non-violent felony charges.