Brother of Mary Tibbitts speaks out against new version of SB-262 being proposed

An amended version of SB-262 is now being proposed a year after the murder of a Land Park woman

SACRAMENTO — An amended version of Senate Bill 262 is set to be discussed by lawmakers, and the family of Mary Tibbitts has spoken out against its proposal.

Dan Tibbitts, Mary's brother, is calling it an insult that SB-262 is even being reconsidered, and he has a message for lawmakers.

"She [Mary Tibbitts] would be with us today if it were not for reckless 0 bail policies rejected by voters but still being pushed by politicians."

The bill was taken off the table last year after Mary was raped and murdered by Troy Davis. He had been released under California's 0 bail policy despite a violent criminal history a few days before committing the act. Davis also killed Mary's two dogs and set her home on fire after killing her.

"He pulled it because he didn't want his fellow senators to vote it down for their fear of their constituents viewing them as soft on crime. This is beyond soft in crime. This is pro-crime," said Dan Tibbitt.

An amended version of the bill co-authored by Sen. Robert Hertzberg and Sen. Nancy Skinner will now go in front of legislators.

Skinner's office did not want to talk on camera but told CBS13 that all mentions of 0 bail were taken out and that the new version aims to help innocent people afford the bail process.

When asked about what Skinner's office said, Dan Tibbitt said, "But it is. It's not called 0 bail, but it is."

Dan specifies that the new version still includes an "ability to pay" provision that takes incentives away from bail agents, who would now only collect a 10% surcharge from the defendant instead of the entire amount.

"They [bail agents] have a financial stake in that person not skipping town and not committing crimes. So they're watching these people like a hawk," said Dan.

The amended version of SB-262 prevents defendants from paying for conditions of their release. For example, they would not have to pay for ankle monitors or classes. It would also require courts to return a defendant's bail premium if the charges are dropped.

Lawmakers will take up the bill before their legislation section ends this upcoming week. 

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