California Legislation
Click on the below to read the California Legislation for the following years:
2013
2012
California Legislation 2013
California Legislation 2012
Assembly Bill 1824 (Summary)This bill authorizes the court to vacate the forfeiture and exonerate the bond if a defendant appears in court after the 180-day period ends if the defendant was arrested on the same case within the county where the case is located during the 180-day period and has been in continuous custody from the time of arrest until his or her appearance in court. This bill authorizes, upon showing of good cause and within twenty (20) days of mailing of notice of entry of judgment, the filing of a motion to vacate the forfeiture and exonerate the bond where the defendant is secured outside the county where the case is filed, as provided above. This bill requires written notice to the prosecuting agency at least ten (10) days before a hearing regarding either of these motions. This revision can be located in Chapter 812, §1305 as §1305.6 of the California Penal Code. Sponsored by Assemblyman Hagman, Enacted on September 30, 2012. See Section 1305.6 below:
Section 1305.6 (a) If a person appears in court after the end of the 180-day period specified in Section 1305, the court may, in its discretion, vacate the forfeiture and exonerate the bond if both of the following conditions are met: (1) The person was arrested on the same case within the county where the case is located, within the 180-day period. (2) The person has been in continuous custody from the time of his or her arrest until the court appearance on that case. (b) Upon a showing of good cause, a motion brought pursuant to paragraph (3) of subdivision (c) of Section 1305 may be filed within 20 days from the mailing of the notice of entry of judgment under Section 1306. (c) In addition to any other notice required by law, the moving party shall give the applicable prosecuting agency written notice of the motion to vacate the forfeiture and exonerate the bond under this section at least 10 court days before the hearing.
Senate Bill 989 (Summary) This bill provides that, in specified cases, if the bail agent and the prosecuting agency 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. This bill requires the moving party to give the prosecuting agency written notice at least ten (10) court days before a hearing held to toll the 180-day period. This revision can be located in Chapter 129, §1305 (g) and §1305.4 of the California Penal Code. Sponsored by Senator Vargas, Enacted on July 13, 2012. See Section 1305 and 1305.4 below:
Section 1 Section 1305 (g) In all cases of forfeiture where a defendant is not in custody and is beyond the jurisdiction of the state, is temporarily detained, by the bail agent, in the presence of a local law enforcement officer of the jurisdiction in which the defendant is located, and is positively identified by that law enforcement officer as the wanted defendant in an affidavit signed under penalty of perjury, and the prosecuting agency elects not to seek extradition after being informed of the location of the defendant, the court shall vacate the forfeiture and exonerate the bond on terms that are just and do not exceed the terms imposed in similar situations with respect to other forms of pretrial release. (h) In cases arising under subdivision (g), if the bail agent and the prosecuting agency agree that additional time is needed to return the defendant to the jurisdiction of the court, and the prosecuting agency agrees to the tolling of the 180-day period, the court may, on the basis of the agreement, toll the 180-day period within which to vacate the forfeiture. The court may order tolling for up to the length of time agreed upon by the parties. (i) As used in this section, “arrest” includes a hold placed on the defendant in the underlying case while he or she is in custody on other charges. (j) A motion filed in a timely manner within the 180-day period may be heard within 30 days of the expiration of the 180-day period. The court may extend the 30-day period upon a showing of good cause. The motion may be made by the surety insurer, the bail agent, the surety, or the depositor of money or property, any of whom may appear in person or through an attorney. (k) In addition to any other notice required by law, the moving party shall give the prosecuting agency a written notice at least 10 court days before a hearing held pursuant to subdivision (f), (g), or (j), as a condition precedent to granting the motion.
Section 2 Section 1305.4 Notwithstanding Section 1305, the surety insurer, the bail agent, the surety, or the depositor may file a motion, based upon good cause, for an order extending the 180-day period provided in that section. The motion shall include a declaration of affidavit that states the reasons showing good cause to extend that period. The court, upon a hearing and a showing of good cause, may order the period extended to a time not exceeding 180 days from its order. A motion may be filed and calendared as provided in subdivision (i) of Section 1305. In addition to any other notice required by law, the moving party shall give the prosecuting agency a written notice at least 10 court days before a hearing held pursuant to this section as a condition precedent to granting the motion.
Assembly Bill 2303 (Summary) This bill expands the curriculum board to include representatives of bail agents and expands the curriculum being developed to include courses of study for bail agents. This bill increases the bail agent license exam eligibility qualification from twelve (12) hours to a minimum of twenty (20) hours. This revision can be located in Chapter 786, §1810.7 of the California Insurance Code. Sponsored by the Committee on Insurance, Enacted on September 29, 2012 See Section 1810.7 below:
Section 37 Section 1810.7 (a) In order to be eligible to take the examination required to be licensed under this chapter, the applicant shall have completed a minimum of 20 hours of classroom education in subjects pertinent to the duties and responsibilities of a bail licensee, including, but not limited to, all related laws and regulations, rights of the accused, ethics, and apprehension of bail fugitives. Additionally, a licensee shall complete in each two-year license term not less than 12 hours of continuing education in these subjects prior to renewal of his or her license.