Judicial Council of California Issues Opinion in People Vs. Monica Marie Martinez Case
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In the
THE PEOPLE, Plaintiff and Respondent, v.
Opinion of the Court by Kruger, J.
Since 1941, a
We now reverse. In invalidating the regulation, the
I.
A.
When an individual is arrested and charged with a crime, bail may be set to help ensure the individual's appearance in court while allowing the individual to be released from jail in the interim. (See In re Humphrey (2021) 11 Cal.5th 135, 154 (Humphrey).)/1 To make bail, "an arrestee posts security -- in the form of cash, property, or (more often) a commercial bail bond -- which is forfeited if the arrestee later fails to appear in court." (Humphrey, at p. 142.)
"The vast majority of defendants who are released on bail in
Although the system of release on bail dates back centuries, the commercial bail bond industry is a relatively recent innovation, having first emerged in the latter part of the 19th century. (Baughman, The Bail Book: A Comprehensive Look at Bail in America's Criminal Justice System (2018) p. 164; see also, e.g., Holland v. Rosen (3d Cir. 2018) 895 F.3d 272, 293- 294 [citing additional sources].) In California, the industry was unregulated for several decades, until reports revealed abusive practices that had become widespread among bail bond businesses across the state. Reports indicated, for example, that bail bond agents commonly entered kickback schemes with police officers to gain information about potential clients; in return for notifying bail bond agents of criminal arrests, police officers would take a share of the bond premium once the agents had secured the prisoners' release. (See, e.g., Bail Broker Control Bill in Assembly,
These revelations prompted calls for reform and increased oversight over the burgeoning commercial bail industry.
In 1941, following further investigations into the bail industry, the Insurance Commissioner promulgated a slate of regulations governing the conduct of bail licensees. (Cal.
The provision at issue in this case, California Code of Regulations, title 10, section 2076 (section 2076), was added as part of the initial 1941 slate of regulations. (See Ruling No. 21, supra, Sect. 37.) Section 2076, as presently in force, provides in full: "No bail licensee shall, for any purpose, directly or indirectly, enter into an arrangement of any kind or have any understanding with a law enforcement officer, newspaper employee, messenger service or any of its employees, a trusty in a jail, any other person incarcerated in a jail, or with any other persons, to inform or notify any licensee (except in direct answer to a question relating to the public records concerning a specific person named by the licensees in the request for information), directly or indirectly, of: [Sect.] (a) The existence of a criminal complaint; [Sect.] (b) The fact of an arrest; or [Sect.] (c) The fact that an arrest of any person is impending or contemplated; [Sect.] (d) Any information pertaining to the matters set forth in (a) to (c) hereof or the persons involved therein."/3 Section 1814 of the Insurance Code makes the violation of a rule promulgated by the Insurance Commissioner, including section 2076, an offense chargeable either as a misdemeanor or a felony.
B.
In 2015, the
Martinez appealed her conviction after obtaining a certificate of probable cause. (See Pen. Code, Sec. 1237.5; Cal. Rules of Court, rule 8.304(b)(1).) On appeal, a divided court agreed with Martinez that section 2076 is facially unconstitutional and reversed the conviction. (People v. Martinez (2020) 59 Cal.App.5th 280, 290 (Martinez).)
At the outset, the
We granted review to consider the issue.
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Footnotes:
1/ In Humphrey, we held that it is unconstitutional to detain defendants before trial solely because they lack the financial resources to make bail and that accordingly, "courts must consider an arrestee's ability to pay alongside the efficacy of less restrictive alternatives when setting bail." (Humphrey, supra, 11 Cal.5th at p. 152.)
2/ All Internet citations in this opinion are archived by year, docket number, and case name at <http://www.courts.ca.gov/38324.htm>.
3/ The current regulation is essentially the same in substance as the version originally promulgated in 1941 (see Ruling No. 21, supra, Sect. 37), except that the original version did not include the public records exception, which was added in 1977 (Cal. Reg.
4/ In various places in the record, Martinez is also referred to as
5/ Martinez also raised two other constitutional arguments: that section 2076 is unconstitutionally vague on its face and that it is unconstitutionally overbroad. The Court of Appeal rejected the first (Martinez, supra, 59 Cal.App.5th at p. 297), and, in light of its conclusion that section 2076 was an invalid contentbased regulation, declined to address the second (Martinez, at pp. 290, 313). Martinez has not pressed either of these arguments before this court, and we express no view on them.
6/
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Original text here: https://www.courts.ca.gov/opinions/documents/S267138.PDF
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