BILL NUMBER: AB 2655 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 17, 2016
INTRODUCED BY Assembly Member Weber
FEBRUARY 19, 2016
An act to amend Section 18.5 1305 of
the Penal Code, relating to misdemeanors.
bail .
LEGISLATIVE COUNSEL'S DIGEST
AB 2655, as amended, Weber. Misdemeanors: maximum
sentence. Bail: jurisdiction.
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.
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.
This bill would make technical, nonsubstantive changes to that
provision.
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 of the Penal
Code is amended to read:
1305. (a) (1) 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:
(1)
(A) Arraignment.
(2)
(B) Trial.
(3)
(C) Judgment.
(4)
(D) Any other occasion prior to the pronouncement of
judgment if the defendant's presence in court is lawfully required.
(5)
(E) To surrender himself or herself in execution of the
judgment after appeal.
However, the
(2) (A)
Notwithstanding paragraph (1), except as provided in subparagraph
(B), 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.
(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:
(i) The arraignment is continued to allow the prosecutor time to
file the complaint.
(ii) The defendant requests the extension in writing or in open
court.
(b) (1) 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.
If
(2) If 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.
The
(3) The surety or depositor shall
be released of all obligations under the bond if any of the following
conditions apply:
(1)
(A) The clerk fails to mail the notice of forfeiture in
accordance with this section within 30 days after the entry of the
forfeiture.
(2)
(B) The clerk fails to mail the notice of forfeiture to
the surety at the address printed on the bond.
(3)
(C) 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) (1) 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:
(1)
(A) The defendant is temporarily disabled by reason of
illness, insanity, or detention by military or civil authorities.
(2)
(B) Based upon the temporary disability, the defendant
is unable to appear in court during the remainder of the 180-day
period.
(3)
(C) The absence of the defendant is without the
connivance of the bail.
The
(2) The 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.
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.