Bill Text: CA AB1824 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Bail.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2012-09-30 - Chaptered by Secretary of State - Chapter 812, Statutes of 2012. [AB1824 Detail]

Download: California-2011-AB1824-Amended.html

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BILL NUMBER: AB 1824	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 7, 2012
	AMENDED IN SENATE  JUNE 26, 2012
	AMENDED IN ASSEMBLY  MAY 2, 2012
	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Hagman
    (   Coauthor:   Senator   Anderson
  ) 

                        FEBRUARY 21, 2012

   An act to add Section 1305.6 to the Penal Code, relating to bail.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1824, as amended, Hagman. Bail.
   Existing law specifies the procedures for the forfeiture and
exoneration of a bail bond, 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 a specified notice, if
required. Existing law requires a court to vacate the forfeiture and
exonerate the bond if the defendant is arrested on the underlying
case or surrendered by the bail outside the county where the case is
located.
   This bill would authorize a court, in its discretion, to vacate
the forfeiture and exonerate the bond if a person appears in court
after the 180-day period ends if the person 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. The
bill would authorize, upon showing of good cause and within 20 days
from the 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. The bill would require written notice to the
prosecuting agency at least 10 court days before a hearing regarding
either of these motions.
   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 1305.6 is added to the Penal Code, to read:
   1305.6.  (a) If a person appears in court  after arrest
 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.