BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 989|
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THIRD READING
Bill No: SB 989
Author: Vargas (D)
Amended: 5/1/12
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/24/12
AYES: Hancock, Anderson, Calderon, Harman, Liu, Price,
Steinberg
SUBJECT : Bail: extradition
SOURCE : Aladdin Bail Bonds
DIGEST : This bill provides that in specified cases, if
the bail agent and the prosecuting attorney agree that
additional time is needed to return the defendant to the
jurisdiction of the court, the court may, on the basis of
the agreement, toll the 180-day period within which to
vacate the forfeiture for the length of time agreed upon by
the parties.
ANALYSIS : Existing law specifies the procedures for the
forfeiture and exoneration of bail, including requiring a
court to direct the order of forfeiture to be vacated and
the bond exonerated if the defendant appears in court
within 180 days of the date of forfeiture or within 180
days of the date of mailing of specified notice, if
required.
Existing law requires the court to vacate the forfeiture
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and exonerate the bond, as specified, if the defendant is
not in custody, is beyond the jurisdiction of the state, is
temporarily detained and positively identified, as
specified, and the prosecuting agency selects not to seek
extradition after being informed of the defendant's
location.
This bill authorizes a court, under the circumstance
described above, to toll the 180-day period within which to
vacate the forfeiture for the length of time agreed upon by
the parties if the bail agent and the prosecuting attorney
agree that additional time is needed to return the
defendant to the jurisdiction of the court.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 5/3/12)
Aladdin Bail Bonds (source)
California Bail Agents Association
Golden State Bail Agents Association
OPPOSITION : (Verified 5/3/12)
Los Angeles County District Attorney
California District Attorneys Association
ARGUMENTS IN SUPPORT : According to the author:
Current law provides a 180-day period after the
defendant fails to appear within which the surety can
recover the fugitive and exonerates the bail bond. If
the agent locates a fugitive and presents adequate
proof that the defendant has been detained, bail may
be exonerated if the prosecutor elects not to
extradite the defendant. If the prosecutor chooses to
extradite the fugitive, bail is exonerated upon the
fugitive's return to California custody.
A problem arises where the prosecutor declines to make
a decision about extradition in a timely fashion.
Often, a good portion of the 180-day period is spent
locating the fugitive. Once the fugitive is located
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and the prosecutor is notified, the prosecutor
sometimes fails to decide about extradition with the
180-period. Because bail agents runt the risk of
forfeiture, current law creates a disincentive to
track down a fugitive near the end of the 180-day
period, as there is no practical way for the agent to
exonerate the bond prior to the deadline. As a
result, agents are reluctant to expend the resources
necessary to locate fugitives.
ARGUMENTS IN OPPOSITION : The Los Angeles County District
Attorney argues that a bail agent should not receive a
benefit in a state prosecution "if the �federal] government
for whatever reason decides not to seek extradition."
RJG:nl 5/3/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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