Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1082


Introduced by Assembly Member Linder

February 27, 2015


begin deleteAn act to amend Section 1305.3 of the Penal Code, relating to bail. end deletebegin insertAn act to amend Section 1305.4 of the Penal Code, relating to bail.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1082, as amended, Linder. begin deleteBail forfeiture: prosecution costs. end deletebegin insertBail forfeiture: motion to extend time.end insert

begin insert

Existing law permits the surety insurer, the bail agent, the surety, or the depositor to file a motion, based upon good cause, for an order to extend the 180-day period following forfeiture of the undertaking of bail or the money or property deposited as bail, as specified. Existing law permits the court, upon a hearing and showing of good cause, to order the period extended to a time not exceeding 180 days from its order. Existing law requires the moving party to give the prosecuting agency a written notice of at least 10 court days before the hearing as a condition precedent to granting the motion.

end insert
begin insert

This bill would change the period of time to require the moving party to give the prosecuting agency a written notice of at least 12 court days before the hearing as a condition precedent to granting the motion.

end insert
begin delete

Existing law provides that the applicable prosecuting agency shall recover, out of forfeited bail money, the costs incurred in successfully opposing a motion to vacate the forfeiture and in collecting on the summary judgment, as specified.

end delete
begin delete

This bill would make a technical, nonsubstantive change to those provisions.

end delete

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 1305.4 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
2read:end insert

3

1305.4.  

Notwithstanding Section 1305, the surety insurer, the
4bail agent, the surety, or the depositor may file a motion, based
5upon good cause, for an order extending the 180-day period
6provided in that section. The motion shall include a declaration or
7affidavit that states the reasons showing good cause to extend that
8period. The court, upon a hearing and a showing of good cause,
9may order the period extended to a time not exceeding 180 days
10from its order. A motion may be filed and calendared as provided
11in subdivision (j) of Section 1305. In addition to any other notice
12required by law, the moving party shall give the prosecuting agency
13a written notice at leastbegin delete 10end deletebegin insert 12end insert court days before a hearing held
14pursuant to this section as a condition precedent to granting the
15motion.

begin delete16

SECTION 1.  

Section 1305.3 of the Penal Code is amended to
17read:

18

1305.3.  

The district attorney, county counsel, or applicable
19prosecuting agency, as the case may be, shall recover, out of the
20forfeited bail money, the costs incurred in successfully opposing
21a motion to vacate the forfeiture and in collecting on the summary
22judgment, prior to the division of the forfeited bail money between
23the cities and counties in accordance with Section 1463.

end delete


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