BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 1824|
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THIRD READING
Bill No: AB 1824
Author: Hagman (R), et al.
Amended: 8/7/12 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-0, 7/3/12
AYES: Hancock, Anderson, Liu, Price, Steinberg
NO VOTE RECORDED: Calderon, Harman
ASSEMBLY FLOOR : Not relevant
SUBJECT : Bail
SOURCE : Author
DIGEST : This bill (1) provides that where a bail
fugitive has been taken into custody in the county of
prosecution within the 180-day period during which bail
forfeiture is stayed, but he or she has not appeared court
until that period has run, the bail agent may move for
relief from forfeiture, as specified; (2) grants a bail
agent 20 days after notice of summary judgment is mailed
to file a motion for relief from forfeiture in a cases
where the defendant was arrested within the 180-day period
outside the county of prosecution; and (3) requires
specified notice be given to the prosecutor of a motion for
relief from forfeiture brought under this bill.
ANALYSIS : Existing law provides for the licensing of
bail agents by the Insurance Commissioner. (Insurance Code
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� 1800, et seq.)
Existing law provides that if an on-bail defendant fails to
appear for any scheduled court appearance, bail is
forfeited, as specified, unless the defendant is returned
to court within 180 days. (Penal Code (PEN) � 1305, subds.
(a)-(b))
Existing law requires the court to exonerate bail where a
defendant surrenders or is recaptured within 180 days of
forfeiture. (PEN � 1305, subd. (c))
Existing law provides that a motion to extend the 180-day
period for returning a defendant to court before execution
of bail forfeiture may be heard within 30 days of the
expiration of the 180-day period. (PEN � 1305, subd. (i))
Existing law provides that a surety insurer, bail agent,
surety or depositor may file a motion during the 180-day
period for an order extending the period. (PEN � 1305.4.)
Existing law provides that in the case of a temporary
disability of the defendant to appear within the 180-day
forfeiture exoneration period, the court shall order the
tolling (suspension of the running) of the 180-day period
for a reasonable time under the following circumstances:
(1) The defendant is either temporarily disabled by illness
or insanity, or the defendant has been detained by military
or civil authorities, (2) The defendant is unable to appear
in court, and (3) The defendant's absence is without the
"connivance" of the bail agent or insurer. (PEN � 1305,
subd. (e))
Existing law provides that where a fugitive is in custody
beyond the jurisdiction of the court that ordered
forfeiture of the bond, the forfeiture shall be vacated and
the bond exonerated where the prosecuting agency, after
being informed of the location of the fugitive, elects not
to seek extradition. (PEN � 1305, subd. (f))
Existing law provides that where a bail agent temporarily
detains a fugitive in the presence of a law enforcement
officer in a foreign jurisdiction, and the law enforcement
officer confirms the identity of the fugitive in an
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affidavit, bond shall be exonerated if the prosecuting
agency elects not to pursue extradition. (PEN � 1305,
subd. (g).)
This bill provides that if a defendant appears in court
after the 180-day period in which bail forfeiture is
stayed, the court may vacate the forfeiture and exonerate
the bond if both of the following conditions are met:
The defendant was arrested in the same case within the
county where the case is located, for which bail was
granted within the 180 day period.
The defendant was in continuous custody until returning
to court.
This bill provides that in a motion for relief of
forfeiture where a fugitive is arrested outside the county
of prosecution within the 180-day period, the following
shall apply:
Good cause must be shown.
The motion for relief may be filed with 20 days of the
notice of entry of judgment of forfeiture and summary
judgment.
This bill provides that in motions authorized by this bill
to vacate forfeiture, the bail agent or representative
(moving party) shall notify the prosecutor at least 10 days
prior to the hearing.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 8/7/12)
Al Graf Bail Bonds
American Bail Coalition
California Bail Agents Association
Golden State Bail Agents Association
ARGUMENTS IN SUPPORT : According to the author:
Under current statute, bail is forfeited even if a
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defendant is in custody by the prescribed deadline for
returning him or her to the court that granted bail.
For instance, if a defendant has not returned to court
within the 180-day period during which bail forfeiture
is stayed, bail would still be forfeited, even if the
defendant was in custody within the 180-day period.
By definition, a defendant who is in custody is no
longer a fugitive. Nevertheless, the bondsman has no
recourse to extend the time to return a defendant to
court in these circumstances.
This unreasonable and unjust result can be alleviated
by allowing a specified time from the mailing of
notice of entry of judgment (PEN � 1306) during which
the bondsman may file a motion to avoid forfeiture of
the bond. This will serve the interests of justice by
ensuring that bondsmen have incentives to ensure that
defendant return to court to face charges or
sentencing. This bill will also ensure that both the
bondsman and the district attorney have adequate time
to read, understand, and petition the court on the
matter. Specifically, AB 1824 adds Section 1306.6 to
the Penal Code to provide that when a fugitive has
been brought in to custody prior to expiration of the
180 day deadline, but does not appear in court until
after this deadline, the bondsman will have recourse
to exonerate the bail.
AB 1824 will ensure that bondsmen and district
attorneys have enough time to read and comprehend a
notice of entry of judgment and have 20 days to file a
motion on the notice. Occasionally, the district
attorney does not receive sufficient written notice
that a bail motion has been presented to the court,
substantially limiting the district attorney's ability
to respond to the motion.
RJG:n 8/8/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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