BILL ANALYSIS Ó
AB 2655
Page 1
ASSEMBLY THIRD READING
AB
2655 (Weber)
As Amended May 5, 2016
Majority vote
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+---------------------|
|Public Safety |7-0 |Jones-Sawyer, | |
| | |Melendez, Lackey, | |
| | |Lopez, Low, Quirk, | |
| | |Santiago | |
| | | | |
| | | | |
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SUMMARY:1) Authorizes an extension of the court's jurisdiction to declare
a forfeiture and authority to release bail for up to 90 days
from the original arraignment date if the prosecutor or
defendant requests in writing or in open court that the
arraignment be continued to allow the prosecutor time to file
the complaint.
EXISTING LAW:
AB 2655
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1)Requires a court 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: arraignment, trial, judgment, any other
occasion prior to the pronouncement of judgment if the
defendant's presence in court is lawfully required, and to
surrender himself or herself in execution of the judgment
after appeal.
2)States that 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.
3)Specifies that if the amount of the bond or money or property
deposited exceeds $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.
4)Provides that the surety or depositor shall be released of all
obligations under the bond if any of the following conditions
apply:
a) The clerk fails to mail the notice of forfeiture in
accordance with this section within 30 days after the entry
of the forfeiture.
b) The clerk fails to mail the notice of forfeiture to the
surety at the address printed on the bond.
c) The clerk fails to mail a copy of the notice of
forfeiture to the bail agent at the address shown on the
bond.
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5)States that 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, 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.
6)Provides that 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.
7)States that instead 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;
and
b) The bail has not surrendered the defendant.
8)Specifies that 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,
it is made apparent to the satisfaction of the court that
specified conditions are met.
9) States that bail permits a defendant to be released from
custody by posting bond, which is a promise to pay the bond
amount unless the defendant meets the conditions, which is
generally to make all of their court appearances.
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10)States that defendants forfeit their bail when they abscond,
i.e. when the defendant fails to appear for their court
hearing without a valid excuse.
11)Allows the bail surety agents may contest bail forfeiture by
filing a motion to vacate the forfeiture of bail.
12)Provides that if an action against a defendant who has been
admitted to bail is dismissed, the bail shall not be
exonerated until a period of 15 days has elapsed since the
entry of the order of dismissal.
13)States that if, within 15 days from dismissal, the defendant
is arrested and charged with a public offense arising out of
the same act or omission upon which the action or proceeding
was based, the bail shall be applied to the public offense.
FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS: According to the author, "This legislation addresses an appeal
by a California court to change an undesirable outcome based on
strict statutory language. This bill will extend the amount of
time a prosecuting agency has to file a criminal complaint, from
15 days to 90 days, to ensure that a defendant is not required
to post multiple bonds at no fault of their own.
"AB 2655 will provide flexibility to courts and district
attorneys in accommodating any delays in filing a criminal
complaint. Before the People vs. Indiana Lumbermen's Insurance
case, the common practice of the court was to continue the
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arraignment, retain jurisdiction of the defendant's bond, and
provide more time for the district attorney to file a criminal
complaint. By making this clarification, state resources will be
saved by not having a court re-issue a warrant, law enforcement
re-arrest a defendant, and a jail re-booking a defendant
following the strict 15 day period in the statute."
Analysis Prepared by:
David Billingsley/ PUB. S. / (916) 319-3744 FN:
0002833