Bill Text: CA AB1082 | 2015-2016 | Regular Session | Amended
Bill Title: Bail forfeiture: motion to extend time.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1082 Detail]
Download: California-2015-AB1082-Amended.html
BILL NUMBER: AB 1082 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Linder
FEBRUARY 27, 2015
An act to amend Section 1305.3 of the Penal Code,
relating to bail. An act to amend Section 1305.4 of
the Penal Code, relating to bail.
LEGISLATIVE COUNSEL'S DIGEST
AB 1082, as amended, Linder. Bail forfeiture: prosecution
costs. Bail forfeiture: motion to extend time.
Existing law permits the surety insurer, the bail agent, the
surety, or the depositor to file a motion, based upon good cause, for
an order to extend the 180-day period following forfeiture of the
undertaking of bail or the money or property deposited as bail, as
specified. Existing law permits the court, upon a hearing and showing
of good cause, to order the period extended to a time not exceeding
180 days from its order. Existing law requires the moving party to
give the prosecuting agency a written notice of at least 10 court
days before the hearing as a condition precedent to granting the
motion.
This bill would change the period of time to require the moving
party to give the prosecuting agency a written notice of at least 12
court days before the hearing as a condition precedent to granting
the motion.
Existing law provides that the applicable prosecuting agency shall
recover, out of forfeited bail money, the costs incurred in
successfully opposing a motion to vacate the forfeiture and in
collecting on the summary judgment, as specified.
This bill would make a technical, nonsubstantive change 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 1305.4 of the Penal
Code is amended to read:
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 or 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 (j) 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 12 court days before a hearing
held pursuant to this section as a condition precedent to granting
the motion.
SECTION 1. Section 1305.3 of the Penal Code is
amended to read:
1305.3. The district attorney, county counsel, or applicable
prosecuting agency, as the case may be, shall recover, out of the
forfeited bail money, the costs incurred in successfully opposing a
motion to vacate the forfeiture and in collecting on the summary
judgment, prior to the division of the forfeited bail money between
the cities and counties in accordance with Section 1463.
