BILL NUMBER: AB 521	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Hagman

                        FEBRUARY 15, 2011

   An act to amend Section 1269 of the Penal Code, relating to bail.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 521, as introduced, Hagman. Bail.
   Existing law provides for the discharge from actual custody of a
defendant upon the taking of bail. The taking of bail consists in the
acceptance, by a competent court or magistrate, of the undertaking
of sufficient bail for the appearance of the defendant, according to
the terms of the undertaking, or that the bail will pay to the people
of this state a specified sum.
   This bill would make technical, nonsubstantive changes to these
provisions.
   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 1269 of the Penal Code is amended to read:
   1269.   (a)    The taking of bail consists in
the acceptance, by a competent court or magistrate, of the
undertaking of sufficient bail for the appearance of the defendant,
according to the terms of the undertaking, or that the bail will pay
to the people of this state a specified sum. Upon filing, the clerk
shall enter in the register of actions the date and amounts of
 such   the  bond and the name or names of
the surety or sureties thereon. In the event of the loss or
destruction of  such   the  bond, 
such   the  entries  so  made
shall be prima facie evidence of the due execution of  such
  the  bond as required by law. 
   Whenever 
    (b)     Whenever  any bail bond has
been deposited in any criminal action or proceeding in a municipal or
superior court or in any proceeding in habeas corpus in a superior
court, and it is made to appear to the satisfaction of the court by
affidavit or by testimony in open court that more than three years
have elapsed since the exoneration or release of  said
  the  bail, the court must direct that 
such   the  bond be destroyed.