BILL NUMBER: AB 1854	INTRODUCED
	BILL TEXT


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:

  SECTION 1.  Section 1305.3 of the Penal Code is amended to read:
   1305.3.  The district attorney, county counsel, or applicable
prosecuting agency, as the case may be, shall recover, out of the
forfeited bail money, the costs  and attorney's fees 
incurred in successfully opposing a motion to vacate the forfeiture
and in collecting on the summary judgment prior to the division of
the forfeited bail money between the cities and counties in
accordance with Section  1463.   1463.001.