Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2655

Introduced by Assembly Member Weber

February 19, 2016

An act to amend Section begin delete 18.5 end delete begin insert 1305 end insert of the Penal Code, relating to begin delete misdemeanors. end delete begin insert bail. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2655, as amended, Weber. begin delete Misdemeanors: maximum sentence. end delete begin insert Bail: jurisdiction. end insert

begin insert

Existing law generally regulates the provision of bail or bond, including forfeiture, vacation of forfeiture, and exoneration of bail or bond. Existing law requires the court to declare bail to be forfeited if, without sufficient excuse, a defendant fails to appear as specified. Existing law denies the court jurisdiction to declare a forfeiture and requires the bail to 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.

This bill would authorize an extension of the court’s jurisdiction to declare a forfeiture and authority to release bail for not more than 90 days if the arraignment is properly continued to allow the prosecutor time to file the complaint and the defendant requests the extension in writing or in open court.

end insert begin delete

Existing law defines a crime or public offense as an act committed or omitted in violation of a law forbidding or commanding it. Under existing law, a crime that is punishable by imprisonment in a county jail for a period not to exceed a year is a misdemeanor. Existing law provides that every offense punishable by imprisonment in a county jail up to or not exceeding one year is punishable by imprisonment not to exceed 364 days.

end delete begin delete

This bill would make technical, nonsubstantive changes to that provision.

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:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 1305 of the end insert begin insert Penal Code end insert begin insert is amended to
read: end insert

1305.  

(a)  begin insert (1) end insert begin insert   end insert A court shall in open court 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:

begin delete

(1)

end delete

begin insert (A) end insert  Arraignment.

begin delete

(2)

end delete

begin insert (B) end insert  Trial.

begin delete

(3)

end delete

begin insert (C) end insert  Judgment.

begin delete

(4)

end delete

begin insert (D) end insert  Any other occasion prior to the pronouncement of judgment
if the defendant’s presence in court is lawfully required.

begin delete

(5)

end delete

begin insert (E) end insert  To surrender himself or herself in execution of the judgment
after appeal.

begin delete

However, the

end delete

begin insert (2) end insert begin insert   end insert begin insert (A) end insert begin insert   end insert begin insert Notwithstanding paragraph (1), except as provided in
subparagraph (B), end insert begin insert the end insert 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.

begin insert

(B) The court’s jurisdiction to declare a forfeiture and authority
to release bail may be extended for not more than 90 days if both
of the following occur:

end insert begin insert

(i) The arraignment is continued to allow the prosecutor time
to file the complaint.

end insert begin insert

(ii) The defendant requests the extension in writing or in open
court.

end insert

(b)  begin insert (1) end insert begin insert   end insert If the amount of the bond or money or property
deposited exceeds four hundred dollars ($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.

begin delete

If

end delete

begin insert (2) end insert begin insert   end insert begin insert If end insert the surety is an authorized corporate surety, and if the
bond plainly displays the mailing address of the corporate surety
and the bail agent, then notice of the forfeiture shall be mailed to
the surety at that address and to the bail agent, and mailing alone
to the surety or the bail agent shall not constitute compliance with
this section.

begin delete

The

end delete

begin insert (3) end insert begin insert   end insert begin insert The end insert surety or depositor shall be released of all obligations
under the bond if any of the following conditions apply:

begin delete

(1)

end delete

begin insert (A) end insert  The clerk fails to mail the notice of forfeiture in accordance
with this section within 30 days after the entry of the forfeiture.

begin delete

(2)

end delete

begin insert (B) end insert  The clerk fails to mail the notice of forfeiture to the surety
at the address printed on the bond.

begin delete

(3)

end delete

begin insert (C) end insert  The clerk fails to mail a copy of the notice of forfeiture to
the bail agent at the address shown on the bond.

(c) (1) 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 under subdivision (b), the court shall, on
its own motion at the time the defendant first 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.

(2) 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.

(3) 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.

(4) In lieu of exonerating the bond, the court may 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.

(B) The bail has not surrendered the defendant.

(d) In the case of a permanent disability, the court shall direct
the order of forfeiture to be vacated and the bail or money or
property deposited as bail exonerated if, within 180 days of the
date of forfeiture or within 180 days of the date of mailing of the
notice, if notice is required under subdivision (b), it is made
apparent to the satisfaction of the court that both of the following
conditions are met:

(1) The defendant is deceased or otherwise permanently unable
to appear in the court due to illness, insanity, or detention by
military or civil authorities.

(2) The absence of the defendant is without the connivance of
the bail.

(e)  begin insert (1) end insert begin insert   end insert In the case of a temporary disability, the court shall
order the tolling of the 180-day period provided in this section
during the period of temporary disability, provided that it appears
to the satisfaction of the court that the following conditions are
met:

begin delete

(1)

end delete

begin insert (A) end insert  The defendant is temporarily disabled by reason of illness,
insanity, or detention by military or civil authorities.

begin delete

(2)

end delete

begin insert (B) end insert  Based upon the temporary disability, the defendant is unable
to appear in court during the remainder of the 180-day period.

begin delete

(3)

end delete

begin insert (C) end insert  The absence of the defendant is without the connivance of
the bail.

begin delete

The

end delete

begin insert (2) end insert begin insert   end insert begin insert The end insert period of the tolling shall be extended for a reasonable
period of time, at the discretion of the court, after the cessation of
the disability to allow for the return of the defendant to the
jurisdiction of the court.

(f) 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.

(g) 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.

(h) In cases arising under subdivision (g), 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
court may, on the basis of the agreement, toll the 180-day period
within which to vacate the forfeiture. The court may order tolling
for up to the length of time agreed upon by the parties.

(i) As used in this section, “arrest” includes a hold placed on
the defendant in the underlying case while he or she is in custody
on other charges.

(j) A motion filed 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 motion may be made by the surety insurer, the
bail agent, the surety, or the depositor of money or property, any
of whom may appear in person or through an attorney.

(k) 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 pursuant to subdivision (f), (g),
or (j), as a condition precedent to granting the motion.

begin delete

SECTION 1.  

Section 18.5 of the Penal Code is amended to
read:

18.5.  

Every offense that is prescribed by a law of the state to
be punishable by imprisonment in a county jail up to or not
exceeding one year shall be punishable by imprisonment in a
county jail for a period not exceeding 364 days.

end delete