Senate Bill No. 717

Introduced by Senator Stone

February 27, 2015

An act to amend Section 1269 of the Penal Code, relating to bail.

LEGISLATIVE COUNSEL’S DIGEST

SB 717, as introduced, Stone. Bail.

Existing law provides that the taking of bail consists of the acceptance, by a competent court or magistrate, of the undertaking of sufficient bail for the appearance of the defendant, according to the terms of the undertaking, or that the bail will pay to the people of this state a specified sum.

This bill would make technical, nonsubstantive changes to those provisions.

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 1269 of the Penal Code is amended to
read:

1269.  

begin insert (a) end insert begin insert   end insert The taking of bail consists begin delete in end delete begin insert of end insert the acceptance, by
a competent court or magistrate, of the undertaking of sufficient
bail for the appearance of the defendant, according to the terms of
the undertaking, or that the bail will pay to the people of this state
a specified sum. Upon filing, the clerk shall enter in the register
of actions the date and amounts of begin delete such end delete begin insert the end insert bond and the name or
names of the surety or sureties begin delete thereon. end delete begin insert of the bond. end insert In the event
of the loss or destruction of begin delete such end delete begin insert the end insert bond, begin delete such end delete begin insert the end insert entries begin delete so end delete made
shall be prima facie evidence of the due execution of begin delete such end delete begin insert the end insert bond
as required by law.

begin delete

Whenever any

end delete

begin insert (b) end insert begin insert   end insert begin insert If end insert bail bond has been deposited in begin delete any end delete begin insert a end insert criminal action or
proceeding in a begin delete municipal or end delete superior court or in begin delete any end delete begin insert a end insert proceeding
in habeas corpus in a superior court, and it begin delete is made to appear end delete
begin insert appears end insert to the satisfaction of the court begin delete by affidavit or by testimony end delete
begin insert from affidavits or testimony end insert in open court that more than three
years have elapsed since the exoneration or release of begin delete said end delete bail,
the court begin delete must end delete begin insert shall end insert direct that begin delete such end delete begin insert the end insert bond be destroyed.