California Legislature—2015–16 Regular Session

Assembly BillNo. 1854


Introduced by Assembly Member Bloom

February 10, 2016


An act to amend Section 1305.3 of the Penal Code, relating to bail.

LEGISLATIVE COUNSEL’S DIGEST

AB 1854, as introduced, Bloom. Bail: attorney’s fees: forfeited bail.

Existing law sets forth procedures under which the court is authorized 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 certain proceedings. Existing law requires the district attorney, county counsel, or applicable prosecuting agency to recover, out of the forfeited bail money, the costs incurred in successfully opposing a motion to vacate the forfeiture prior to the division of the forfeited bail money between the cities and counties in accordance with specified provisions.

This bill would require the district attorney, county counsel, or applicable prosecuting agency to, in addition, recover attorney’s fees out of the forfeited bail money.

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

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

P1    1

SECTION 1.  

Section 1305.3 of the Penal Code is amended to
2read:

3

1305.3.  

The district attorney, county counsel, or applicable
4prosecuting agency, as the case may be, shall recover, out of the
P2    1forfeited bail money, the costsbegin insert and attorney’s feesend insert incurred in
2successfully opposing a motion to vacate the forfeiture and in
3collecting on the summary judgment prior to the division of the
4forfeited bail money between the cities and counties in accordance
5with Sectionbegin delete 1463.end deletebegin insert 1463.001.end insert



O

    99