BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 989| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 CONTINUED SB 989 Page 2 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) CONTINUED SB 989 Page 3 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 **** END **** CONTINUED