AB 2655, as amended, Weber. 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 daysbegin insert from the date of the arraignmentend insert if the arraignment is properly continued to allow the prosecutor time to file the complaintbegin delete andend deletebegin insert
or ifend insert the defendant requests the extension in writing or in open court.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1305 of the Penal Code is amended to
2read:
(a) (1) A court shall in open court declare forfeited the
4undertaking of bail or the money or property deposited as bail if,
5without sufficient excuse, a defendant fails to appear for any of
6the following:
7(A) Arraignment.
8(B) Trial.
9(C) Judgment.
10(D) Any other occasion prior to the pronouncement of judgment
11if the defendant’s presence in court is lawfully required.
12(E) To surrender himself or herself in execution of the
judgment
13after appeal.
14 (2) (A) Notwithstanding paragraph (1), except as provided in
15subparagraph (B), the court shall not have jurisdiction to declare
16a forfeiture and the bail shall be released of all obligations under
17the bond if the case is dismissed or if no complaint is filed within
1815 days from the date of arraignment.
19(B) The court’s jurisdiction to declare a forfeiture and authority
20to release bail may be extended for not more than 90 daysbegin delete if bothend delete
21begin insert from the arraignment date originally set by the jailer pursuant to
22subdivision (a) of Section 1269b if eitherend insert of the following occur:
23(i) The arraignment is continued to allow the prosecutor time
24to file the complaint.
25
(i) The prosecutor requests in writing or in open court that the
26arraignment be continued to allow the prosecutor time to file the
27complaint.
28(ii) The defendant requests the extension in writing or in open
29court.
30(b) (1) If the amount of the bond or money or property deposited
31exceeds four hundred dollars ($400), the clerk of the court shall,
32within 30 days of the forfeiture, mail notice of the forfeiture to the
33surety or the depositor of money posted instead of bail. At the
34same time, the court shall mail a copy of the forfeiture notice to
35the bail agent whose name appears on the bond. The clerk shall
36also execute a certificate of mailing of the forfeiture notice and
37shall place the certificate
in the court’s file. If the notice of
38forfeiture is required to be mailed pursuant to this section, the
P3 1180-day period provided for in this section shall be extended by
2a period of five days to allow for the mailing.
3(2) If the surety is an authorized corporate surety, and if the
4bond plainly displays the mailing address of the corporate surety
5and the bail agent, then notice of the forfeiture shall be mailed to
6the surety at that address and to the bail agent, and mailing alone
7to the surety or the bail agent shall not constitute compliance with
8this section.
9(3) The surety or depositor shall be released of all obligations
10under the bond if any of the following conditions apply:
11(A) The clerk fails to mail the notice of
forfeiture in accordance
12with this section within 30 days after the entry of the forfeiture.
13(B) The clerk fails to mail the notice of forfeiture to the surety
14at the address printed on the bond.
15(C) The clerk fails to mail a copy of the notice of forfeiture to
16the bail agent at the address shown on the bond.
17(c) (1) If the defendant appears either voluntarily or in custody
18after surrender or arrest in court within 180 days of the date of
19forfeiture or within 180 days of the date of mailing of the notice
20if the notice is required under subdivision (b), the court shall, on
21its own motion at the time the defendant first appears in court on
22the case in which the forfeiture was entered, direct the order of
23forfeiture
to be vacated and the bond exonerated. If the court fails
24to so act on its own motion, then the surety’s or depositor’s
25obligations under the bond shall be immediately vacated and the
26bond exonerated. An order vacating the forfeiture and exonerating
27the bond may be made on terms that are just and do not exceed
28the terms imposed in similar situations with respect to other forms
29of pretrial release.
30(2) If, within the county where the case is located, the defendant
31is surrendered to custody by the bail or is arrested in the underlying
32case within the 180-day period, and is subsequently released from
33custody prior to an appearance in court, the court shall, on its own
34motion, direct the order of forfeiture to be vacated and the bond
35exonerated. If the court fails to so act on its own motion, then the
36surety’s or depositor’s obligations under the
bond shall be
37immediately vacated and the bond exonerated. An order vacating
38the forfeiture and exonerating the bond may be made on terms that
39are just and do not exceed the terms imposed in similar situations
40with respect to other forms of pretrial release.
P4 1(3) If, outside the county where the case is located, the defendant
2is surrendered to custody by the bail or is arrested in the underlying
3case within the 180-day period, the court shall vacate the forfeiture
4and exonerate the bail.
5(4) In lieu of exonerating the bond, the court may order the bail
6reinstated and the defendant released on the same bond if both of
7the following conditions are met:
8(A) The bail is given prior notice of the reinstatement.
9(B) The bail has not surrendered the defendant.
10(d) In the case of a permanent disability, the court shall direct
11the order of forfeiture to be vacated and the bail or money or
12property deposited as bail exonerated if, within 180 days of the
13date of forfeiture or within 180 days of the date of mailing of the
14notice, if notice is required under subdivision (b), it is made
15apparent to the satisfaction of the court that both of the following
16conditions are met:
17(1) The defendant is deceased or otherwise permanently unable
18to appear in the court due to illness, insanity, or detention by
19military or civil authorities.
20(2) The absence of the defendant is without the
connivance of
21the bail.
22(e) (1) In the case of a temporary disability, the court shall order
23the tolling of the 180-day period provided in this section during
24the period of temporary disability, provided that it appears to the
25satisfaction of the court that the following conditions are met:
26(A) The defendant is temporarily disabled by reason of illness,
27insanity, or detention by military or civil authorities.
28(B) Based upon the temporary disability, the defendant is unable
29to appear in court during the remainder of the 180-day period.
30(C) The absence of the defendant is without the connivance of
31the bail.
32(2) The period of the tolling shall be extended for a reasonable
33period of time, at the discretion of the court, after the cessation of
34the disability to allow for the return of the defendant to the
35jurisdiction of the court.
36(f) In all cases where a defendant is in custody beyond the
37jurisdiction of the court that ordered the bail forfeited, and the
38prosecuting agency elects not to seek extradition after being
39informed of the location of the defendant, the court shall vacate
40the forfeiture and exonerate the bond on terms that are just and do
P5 1not exceed the terms imposed in similar situations with respect to
2other forms of pretrial release.
3(g) In all cases of forfeiture where a defendant is not in custody
4and is
beyond the jurisdiction of the state, is temporarily detained,
5by the bail agent, in the presence of a local law enforcement officer
6of the jurisdiction in which the defendant is located, and is
7positively identified by that law enforcement officer as the wanted
8defendant in an affidavit signed under penalty of perjury, and the
9prosecuting agency elects not to seek extradition after being
10informed of the location of the defendant, the court shall vacate
11the forfeiture and exonerate the bond on terms that are just and do
12not exceed the terms imposed in similar situations with respect to
13other forms of pretrial release.
14(h) In cases arising under subdivision (g), if the bail agent and
15the prosecuting agency agree that additional time is needed to
16return the defendant to the jurisdiction of the court, and the
17prosecuting agency agrees to the
tolling of the 180-day period, the
18court may, on the basis of the agreement, toll the 180-day period
19within which to vacate the forfeiture. The court may order tolling
20for up to the length of time agreed upon by the parties.
21(i) As used in this section, “arrest” includes a hold placed on
22the defendant in the underlying case while he or she is in custody
23on other charges.
24(j) A motion filed in a timely manner within the 180-day period
25may be heard within 30 days of the expiration of the 180-day
26period. The court may extend the 30-day period upon a showing
27of good cause. The motion may be made by the surety insurer, the
28bail agent, the surety, or the depositor of money or property, any
29of whom may appear in person or through an attorney.
30(k) In addition to any other notice required by law, the moving
31party shall give the prosecuting agency a written notice at least 10
32court days before a hearing held pursuant to subdivision (f), (g),
33or (j), as a condition precedent to granting the motion.
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