Home>Articles>Sen. Hertzberg Warned He Would Bring the Zero-Bail Bill Back – And He Just Did

Senator Bob Hertzberg (Photo: Kevin Sanders for California Globe)

Sen. Hertzberg Warned He Would Bring the Zero-Bail Bill Back – And He Just Did

Is Hertzberg’s goal to put more dangerous criminals back on our streets?

By Katy Grimes, August 25, 2022 11:59 am

The bill to reform/destroy the bail industry in California by annually revising statewide bail schedule and set the bail amount closer to the charged person’s ability to pay, Senate Bill 262 by Senator Bob Hertzberg (D-Los Angeles), has been taken off the inactive list in the last days of the 2022 legislative session and is now eligible to be voted into law.

Zero bail was rejected by California voters in 2020, but introduced as legislation in January 2021 by Sen. Hertzberg as Senate Bill 262, is ironically named the “Safe and Resilient Communities Act.”

As one bail agent told the Globe, “Hertzberg wants to rid California of every Bail Bond Agency. Cost to CA Taxpayers will be astronomical, not to mention all the jail overcrowding.”

Sen. Hertzberg pulled SB 262 last fall after a “homeless” transient guy out on the streets despite his recent parole violation, raped and murdered downtown Sacramento resident Kate Tibbitts, in the Land Park neighborhood, killing her dogs and setting her house on fire,” the Globe reported.

The “transient,” Troy Davis, had been recently released from prison early, and was let out in a zero bail release after getting caught stealing a car. Davis was also caught masturbating on a front porch in the same neighborhood, through their RING security camera, a neighbor told the Globe.

Tibbitts’ murder, as well as many other violent crimes across the state involving people let out on zero bail, quickly turned the tide against the bill. While Hertzberg was adamant that his bill would have kept people like Davis in jail, California District Attorneys vehemently disagreed.

“He was released on ‘zero bail’ after committing a new felony despite having prior convictions and prison time for multiple violent felonies,” Yolo County District Attorney Jeff Reiseg said.

“None of these appalling crimes would likely have occurred had this person been behind bars where he belonged,” Vern Pierson, then-president of the California District Attorneys Association said in September 2021. Pierson said the shocking murder was just the most recent example why the Legislature should reject Senate Bill 262, an overhaul of the state’s bail system, scheduled for a vote on the Assembly floor later this week.

“Worse, the bill would allow an offender with one or more prior convictions for felony offenses, no matter how recent those convictions, to be eligible for zero bail.”

“You could drive a semi-truck through the loopholes in SB 262—all of which will put more dangerous criminals back on our streets. It’s past time for our elected representatives to put the rights and protection of law-abiding Californians ahead of reckless, so-called reforms like those contained in this bill,” Pierson said.

Senator Hertzberg has amended the language of the bill and what remains would be devasting to the bail bond industry in California, the bail agent said. “Refund of Premium. Premium, less 10% of amount collected, must be refunded, if charges are not filed against the arrestee within 60 days of arrest. Refund of Premium. Premium, less 10% of amount collected, must be refunded, if the case against the arrestee is dismissed. No fees to the court. Arrestees will no longer be required to pay court fees associated with conditions of release on bail or on O.R. If enacted, SB 262 will increase jail crowding and costs taxpayers millions of dollars.”

A woman in San Francisco shared with the Globe her crime experiences:

“This will give rise to all crime and more victims.  As an elder Asian woman, I for the first time in my 75 years fear for my own safety!  Things have gotten so bad in the Bay Area that I do not wear my watch, jewelry and carry a cheap purse.  Couple of weeks ago, one of my best friends was assaulted from behind.  He was walking next to his home, an unknown person  hit him from behind, hit his eye, knocked him down, kicked him… breaking his clavicle.  Days after that, an Asian female dentist was shot and killed.  She parked … a car pulled up in the street to rob her, 3 shots rang out and she died.  No accountability, no justice!  This SB262 will make things worse!”

Sen. Hertzberg may have forgotten about Kate Tibbitts’ violent and brutal murder, but Sacramento residents have not. Nor have San Francisco residents forgotten about the violent  crimes, murders and brutal attacks taking place daily.

Is his goal is to put more dangerous criminals back on our streets? As DA Vern Pierson said, “It’s past time for our elected representatives to put the rights and protection of law-abiding Californians ahead of reckless, so-called reforms.”

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21 thoughts on “Sen. Hertzberg Warned He Would Bring the Zero-Bail Bill Back – And He Just Did

  1. “Is Hertzberg’s goal to put more dangerous criminals back on our streets?” YES!
    Actually I am so beyond furious to read the latest outrage from this criminal-loving phony (Sen Bob “Huggy” Hertzberg) that I don’t trust myself to comment but will let the Reverend Jesse Lee Peterson do it for me in this Flashback Video from 2017. Don’t miss it:
    VIDEO: Rev. Jesse Lee Peterson testifying in Sacramento on SB 10 (so-called “bail reform”) in 2017 – approx 25 mins:
    https://www.youtube.com/watch?v=Qp630BzG6GE&list=PLpSkvyhrlXrav0N-90EWH3d9JJQfxmz5-

    1. THIS one is SB 262 – Sen Bob Hertzberg
      We VOTED in 2020 to RETAIN the bail system. Remember? Doesn’t that matter? How dastardly and unbelievably sneaky these people are to revive this thing from the dead and drag it in at the end of the legislative session. Can you see how hell-bent these lunatics are for “decarceration?” They’re going, full-bore, for chaos and anarchy, apparently.
      And what is this, anyway, Hertzberg’s “last act” as a state senator? (He is on the ballot in November for an even more powerful seat on the L.A. Board of Supervisors, but don’t get me started.)
      We need to contact our state reps and, if possible, anyone else whose name is on this abomination, and make a stink. It CANNOT pass.
      https://www.senate.ca.gov/senators
      Assembly link below.

      1. Showandtell it does not seem to matter what we the voters voted to keep. Remember a few short years ago when Governor Climate Change signed an executive order banning the death penalty after the voters said to retain it after two consecutive ballot initiatives? In 2012 and 2016. In 2016 there was also a measure to speed up the death penalty process by limiting appeals and that one was passed by the voters.

        1. Yes, John, I remember….. and that Californians voted down same-sex marriage —- TWICE. Seems like ancient history now. When the wrong people are given power, or take it, and ignore the will of the voters, as well as their own job descriptions, we have this mess. As you know. I wish I had the answer. I know you do, too. An old friend of mine used to talk about “the quirkiness of history” and I often think of it now. The idea that unexpected events could intervene and change our course is a hopeful thought. We’ll see

          1. So that’s what we’re going to do? Sit around and wait for “unexpected events” to intervene and change our course? That’s a child’s plan. Adults understand that a series of actions taken by a group could ACTUALLY result in a change! Are you with me adults of California?

      1. Why do these politicians continue to reward crime. They had the emergency bail schedule and look how crime has spiked. We need to stand up against these politicians who are making out neighborhoods unsafe.

  2. Would any of us be surprised if Sen. Hertzberger and many others in the Democrat party weren’t getting payoffs from someone like George Soros or maybe the CCP?

      1. Radical Normal, I know that you probably do not understand this, but criticizing Hertzberg for his policy positions is not anti-Semitic at all. Neither is criticizing Barack Obama for HIS policies, racist. The fact that one is Jewish and the other is Black has no relevance to the discussion. Interesting that you are the only one bringing up this anti-Semitic accusation. No one else mentions his religion.

  3. Of course that’s not his goal! He wants to reform our “criminal injustice” system. Why? Because poverty is not a crime and people shouldn’t stay in jail just because they can’t afford to pay. What’s more, if a judge thinks its safe to free someone prior to trial (remember the old “presumption of innocence?”) that’s sufficient to protect society at large. Sure, you can cherry pick cases with horrific results, but they are the exception and not the rule, and everyone in “the business” knows this.

  4. This is completely insane. And it passed today. Hertzberg has literally obsessed over removing cash bail. And many of you are correct, Californians voted on the bill that’s basically 95% similar to this one and they voted it down. The bail system works. The bail system keeps offenders accountable. Could there be some changes. Sure, I wouldn’t oppose that. People, you need to contact your local assembly member. There was just recently a bill passed too that’ll basically put most bounty hunters out of business. They increased their insurance premiums significantly. I’ve been a bail agent for 10 years (full time). This is for sure going to put 90% of bail agencies out of business. In addition, it will most definitely give violent offenders more incentive to continue to commit crimes, because they will just be getting booked in & released. This is so disturbing to know so many sick minded, irrational politicians push these bills through for the defense of their party, rather then voting for what is in the best interest for the citizens and public safety. These politicians are working for the devil.

  5. “CA lawmakers resurrect bail reform as session end looms”
    https://www.sacbee.com/news/politics-government/capitol-alert/article264797364.html
    Excerpt:
    “The amended bill is opposed by the bail industry.
    “In a letter to Hertzberg’s office, William Armstrong, president of the California Bail Agents Association, wrote that, ‘Unfortunately, this creates a disincentive to bail out those who are innocent and those who will responsibly show up for court, turning the presumptions of innocence on its head.'”

  6. This is propaganda from the bail bond industry. Read the bill. It isn’t anything like zero bail. It doesn’t let criminals out on the streets. It just reduces what bail bond companies can keep in cases where charges are aren’t filed or the case is dismissed. In those cases, the arrested is getting out anyway. Initially, they still have to pay the same amount to get out. It’s just a matter of how much the bail bond folks get to keep when people aren’t prosecuted.

    1. DP states:“It just reduces what bail bond companies can keep in cases where charges are aren’t filed or the case is dismissed. In those cases, the arrested is getting out anyway. Initially, they still have to pay the same amount to get out. It’s just a matter of how much the bail bond folks get to keep when people aren’t prosecuted.”
      Not really, We are probably going to mainly be referring To Domestic Violence cases here that my not get filed (bc those are the most common ones not to be filed). Breaking down how these DVs unfold…… 911 call from inside the house because argument has gotten so intense. So police requested to get over there. Police arrive and speak to both people…. Occupants tell their stories, he scratched me, he grabbed me, she slapped me, and they are honest because people want to tell their side.
      Bruises and scratch Marks on body are shown to police. Other person admits it, always, well 99%…. Even if no marks some one was pushed or grabbed. It was bad enough to call 911 anyways…..They have to separate them because well, OJ case…So, now you have valid arrest and statements and marks on body…2 weeks later, wife or and husband do not want to pursue or assist DA in case after maybe not wanting to destroy their future career. So now you have valid arrest, bail agent that provided a service and DA now has no cooperating victim. Go after the state for your money not company that provided a service and probably had $2,500 in expenses (fixed costs no matter what was paid till that point) on that $50,000 case that now has to give back $4,500.
      Or whatever the 90% that was paid up till that point and losing serious money on bond. You want to run a business, provide a service (with a significant cost) and then at random times in big amounts give money back?
      Little harsh on the bail agencies constantly getting demands all year to return unknown amounts of money to angry people that will want it back right away after valid arrest. How would the cab driver feel after driving you to job a interview and passenger tells you, “ I ain’t paying you blood sucker, my interview was cancelled, so I did not need this ride you just provided.” Boom son. No one is just randomly wrapped up, police talk to you get evidence (99% admit everything) and almost always have strong enough case to arrest…. So You need to get bailed out and then pay.

  7. The no bail law is destroying New York City. The politicians here in California can spin it in so many ways…that’s what they get paid by our tax money to do. I’m born and raised in LA, and never has it been so bad. That is why there has never been more people moving out of California that in the last 2 years. No Cash Bail, will kill the innocent, just like fentanyl flowing across our borders. The no Cash Bail law, was voted down by we the people, now Bob Hertzberg on his way to another political position, just continues to not care. As I always tell people, crime doesn’t really matter if you are not touched by it, have 24/7 security, millions dollar homes with walls. This is just unacceptable.

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