BILL ANALYSIS Ó
SB 989
Page 1
ASSEMBLY THIRD READING
SB 989 (Vargas)
As Amended May 17, 2012
Majority vote
PUBLIC SAFETY 6-0
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|Ayes:|Ammiano, Knight, Cedillo, | | |
| |Hagman, Mitchell, Skinner | | |
| | | | |
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SUMMARY : Provides that, in specified cases, if the bail agent
and the prosecuting agency 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 the forfeiture for the length of
time agreed upon by the parties. Specifically, this bill :
1)Requires, in addition to any other notice required by law, the
moving party of a motion to vacate a bond forfeiture or to
extend the 180-day period, to give the applicable prosecuting
agency a written notice at least 10 court days before a
hearing.
2)Provides that the 10-day notice requirement is a condition
precedent to granting the motion.
EXISTING LAW :
1)Provides that, except as specified, a person accused of a
crime is entitled to be released on bail and that the court
may not set excessive bail. Further provides that in fixing
the amount of bail, the court shall take into consideration
the seriousness of the charged offense, prior criminal record,
and probability of appearing at the trial or hearing.
2)States that if a defendant has appeared before a judge of the
court on the charge contained in the complaint, indictment, or
information, the bail shall be in the amount fixed by the
judge at the time of the appearance. If that appearance has
not been made, the bail shall be in the amount fixed in the
warrant of arrest or, if no warrant of arrest has been issued,
the amount of bail shall be pursuant to the uniform countywide
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schedule of bail for the county in which the defendant is
required to appear, previously fixed and approved by a uniform
countywide schedule of bail.
3)Requires a court in open court to declare forfeited the
undertaking of bail or the money or property deposited as bail
if, without sufficient excuse, a defendant fails to appear for
any of the following:
a) Arraignment;
b) Trial;
c) Judgment;
d) Any other occasion prior to the pronouncement of
judgment if the defendant's presence in court is lawfully
required; and,
e) To surrender himself or herself in execution of the
judgment after appeal. However, the court shall not have
jurisdiction to declare a forfeiture and the bail shall be
released of all obligations under the bond if the case is
dismissed or if no complaint is filed within 15 days from
the date of arraignment.
4)States if the amount of the bond or money or property
deposited exceeds $400, the clerk of the court shall, within
30 days of the forfeiture, mail notice of the forfeiture to
the surety or the depositor of money posted instead of bail.
At the same time, the court shall mail a copy of the
forfeiture notice to the bail agent whose name appears on the
bond. The clerk shall also execute a certificate of mailing
of the forfeiture notice and shall place the certificate in
the court's file. If the notice of forfeiture is required to
be mailed pursuant to this section, the 180-day period
provided for in this section shall be extended by a period of
five days to allow for the mailing.
5)Provides that if the defendant appears either voluntarily or
in custody after surrender or arrest in court within 180 days
of the date of forfeiture or within 180 days of the date of
mailing of the notice if the notice is required, the court
shall, on its own motion at the time the defendant first
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appears in court on the case in which the forfeiture was
entered, direct the order of forfeiture to be vacated and the
bond exonerated. If the court fails to so act on its own
motion, then the surety's or depositor's obligations under the
bond shall be immediately vacated and the bond exonerated. An
order vacating the forfeiture and exonerating the bond may be
made on terms that are just and do not exceed the terms
imposed in similar situations with respect to other forms of
pretrial release.
6)Provides that if, within the county where the case is located,
the defendant is surrendered to custody by the bail or is
arrested in the underlying case within the 180-day period, and
is subsequently released from custody prior to an appearance
in court, the court shall, on its own motion, direct the order
of forfeiture to be vacated and the bond exonerated. If the
court fails to so act on its own motion, then the surety's or
depositor's obligations under the bond shall be immediately
vacated and the bond exonerated. An order vacating the
forfeiture and exonerating the bond may be made on terms that
are just and do not exceed the terms imposed in similar
situations with respect to other forms of pretrial release.
7)States if, outside the county where the case is located, the
defendant is surrendered to custody by the bail or is arrested
in the underlying case within the 180-day period, the court
shall vacate the forfeiture and exonerate the bail.
8)Authorizes a court, in lieu of exonerating the bond, to order
the bail reinstated and the defendant released on the same
bond if both of the following conditions are met:
a) The bail is given prior notice of the reinstatement; or,
b) The bail has not surrendered the defendant.
9)Provides that in all cases where a defendant is in custody
beyond the jurisdiction of the court that ordered the bail
forfeited, and the prosecuting agency elects not to seek
extradition after being informed of the location of the
defendant, the court shall vacate the forfeiture and exonerate
the bond on terms that are just and do not exceed the terms
imposed in similar situations with respect to other forms of
pretrial release.
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10)Provides that in all cases of forfeiture where a defendant is
not in custody and is beyond the jurisdiction of the state, is
temporarily detained, by the bail agent, in the presence of a
local law enforcement officer of the jurisdiction in which the
defendant is located, and is positively identified by that law
enforcement officer as the wanted defendant in an affidavit
signed under penalty of perjury, and the prosecuting agency
elects not to seek extradition after being informed of the
location of the defendant, the court shall vacate the
forfeiture and exonerate the bond on terms that are just and
do not exceed the terms imposed in similar situations with
respect to other forms of pretrial release.
11)States that a motion may be filed by the surety insurer, the
bail agent, the surety, or the depositor of money or property,
in a timely manner within the 180-day period may be heard
within 30 days of the expiration of the 180-day period. The
court may extend the 30-day period upon a showing of good
cause. The court, in its discretion, may require the moving
party to provide 10 days prior notice to the applicable
prosecuting agency, as a condition precedent to granting the
motion.
12)States that when any bond is forfeited and the period of time
specified has elapsed without the forfeiture having been set
aside, the court which has declared the forfeiture, regardless
of the amount of bail, shall enter summary judgment against
each bondsman named in the bond in the amount for which the
bondsman is bound. The judgment shall be the amount of the
bond plus costs, and notwithstanding any other law, no penalty
assessments shall be levied or added to the judgment.
FISCAL EFFECT : Unknown
COMMENTS : According to the author, "SB 989 would allow a court
to toll the 180-day period within which to vacate bail
forfeiture, if it is agreed by both the bail agent and
prosecuting attorney that additional time to return a fugitive
defendant to the jurisdiction of the court is necessary. This
bill simply allows both parties to come to an agreement if more
time is needed to return a fugitive to custody."
Please see the policy committee analysis for a full discussion
SB 989
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of this bill.
Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744
FN: 0004034