BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 989|
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THIRD READING
Bill No: SB 989
Author: Vargas (D)
Amended: 5/17/12
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/24/12
AYES: Hancock, Anderson, Calderon, Harman, Liu, Price,
Steinberg
SUBJECT : Bail: extradition
SOURCE : Aladdin Bail Bonds
DIGEST : This bill provides that in specified cases, if
the bail agent and the prosecuting attorney agree that
additional time is needed to return the defendant to the
jurisdiction of the court, the court may, on the basis of
the agreement, toll the 180-day period within which to
vacate bail forfeiture for the length of time agreed upon
by the parties.
Senate Floor Amendments of 5/17/12 require that where a
bail agent seeks a stay forfeiture of bail, notice must be
given to the prosecutor. The amendments also clarify that
the prosecutor must agree to a stay of forfeiture in a case
where the defendant must be extradited back to California.
ANALYSIS : Existing law specifies the procedures for the
forfeiture and exoneration of bail, including requiring a
court to direct the order of forfeiture to be vacated and
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the bond exonerated if the defendant appears in court
within 180 days of the date of forfeiture or within 180
days of the date of mailing of specified notice, if
required.
Existing law requires the court to vacate the forfeiture
and exonerate the bond, as specified, if the defendant is
not in custody, is beyond the jurisdiction of the state, is
temporarily detained and positively identified, as
specified, and the prosecuting agency selects not to seek
extradition after being informed of the defendant's
location.
This bill provides that in addition to any other notice
required by law, the moving party shall give the
prosecuting agency a written notice at least 10 court days
before a hearing held.
This bill authorizes a court, under the circumstance
described above, to toll the 180-day period within which to
vacate the forfeiture for the length of time agreed upon by
the parties if the bail agent and the prosecuting agency
agree that additional time is needed to return the
defendant to the jurisdiction of the court, and the
prosecuting agency agrees to the tolling of the 180-day
period. The bill requires the moving party to give the
prosecuting agency written notice at least 10 court days
before a hearing held to toll the 180-day period. The bill
would also make a related change.
Comments
According to the Senate Public Safety Committee analysis,
providing notice to the prosecutor will protect the
interest of the district attorney in pursuing a criminal
prosecution against the fugitive defendant. Notice could
also ensure that the prosecutor will provide necessary
information about the case to the court, including whether
or not extradition is feasible.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 5/21/12)
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Aladdin Bail Bonds (source)
California Bail Agents Association
Golden State Bail Agents Association
ARGUMENTS IN SUPPORT : According to the author:
Current law provides a 180-day period after the
defendant fails to appear within which the surety can
recover the fugitive and exonerates the bail bond. If
the agent locates a fugitive and presents adequate
proof that the defendant has been detained, bail may
be exonerated if the prosecutor elects not to
extradite the defendant. If the prosecutor chooses to
extradite the fugitive, bail is exonerated upon the
fugitive's return to California custody.
A problem arises where the prosecutor declines to make
a decision about extradition in a timely fashion.
Often, a good portion of the 180-day period is spent
locating the fugitive. Once the fugitive is located
and the prosecutor is notified, the prosecutor
sometimes fails to decide about extradition with the
180-period. Because bail agents runt the risk of
forfeiture, current law creates a disincentive to
track down a fugitive near the end of the 180-day
period, as there is no practical way for the agent to
exonerate the bond prior to the deadline. As a
result, agents are reluctant to expend the resources
necessary to locate fugitives.
RJG:nl 5/22/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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