BILL NUMBER: SB 1296	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Correa

                        FEBRUARY 19, 2010

   An act to amend Section 1297 of the Penal Code, relating to bail.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1296, as introduced, Correa. Bail: deposit claims.
   Under existing law, when money has been deposited in lieu of bail
in satisfaction of any judgment for the payment of a fine, a receipt
is issued in the name of the depositor. If the person to whom the
receipt was issued was not the defendant, the deposit after judgment
shall be returned to that person within 10 days after the person
claims it by submitting the receipt, and if a claim is not made
within 10 days of the exoneration of the bail, the clerk shall
immediately notify the depositor of the exoneration of the bail.
   This bill would extend the above time periods relating to claims
for deposits after judgment from 10 days to 14 days.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1297 of the Penal Code is amended to read:
   1297.  When money has been deposited, a receipt shall be issued in
the name of the depositor. If the money remains on deposit at the
time of a judgment for the payment of a fine, the clerk shall, under
the direction of the court, if the defendant be the depositor, apply
the money in satisfaction thereof, and after satisfying restitution
to the victim or the Restitution Fund, fines, and costs, shall refund
the surplus, if any, to the defendant. If the person to whom the
receipt for the deposit was issued was not the defendant, the deposit
after judgment shall be returned to that person within  10
  14  days after the person claims it by submitting
the receipt, and, if a claim is not made within  10
  14  days of the exoneration of bail, the clerk
shall immediately notify the depositor of the exoneration of bail.