Bill Text: CA AB1854 | 2015-2016 | Regular Session | Chaptered

California Assembly Bill 1854 (Prior Session Legislation)

Bill Title: Bail: attorney's fees: forfeited bail.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Passed) 2016-09-16 - Chaptered by Secretary of State - Chapter 378, Statutes of 2016. [AB1854 Detail]

Download: California-2015-AB1854-Chaptered.html

BILL NUMBER: AB 1854	CHAPTERED
	BILL TEXT

	CHAPTER  378
	FILED WITH SECRETARY OF STATE  SEPTEMBER 16, 2016
	APPROVED BY GOVERNOR  SEPTEMBER 16, 2016
	PASSED THE SENATE  AUGUST 15, 2016
	PASSED THE ASSEMBLY  APRIL 7, 2016

INTRODUCED BY   Assembly Member Bloom

                        FEBRUARY 10, 2016

   An act to amend Section 1305.3 of the Penal Code, relating to
bail.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1854, Bloom. Bail: attorney's fees: forfeited bail.
   Existing law sets forth procedures under which the court is
authorized to declare forfeited the undertaking of bail or the money
or property deposited as bail if, without sufficient excuse, a
defendant fails to appear for certain proceedings. Existing law
requires the district attorney, county counsel, or applicable
prosecuting agency to recover, out of the forfeited bail money, the
costs incurred in successfully opposing a motion to vacate the
forfeiture prior to the division of the forfeited bail money between
the cities and counties in accordance with specified provisions.
   This bill would require the district attorney, county counsel, or
applicable prosecuting agency to, in addition, recover attorney's
fees out of the forfeited bail money.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  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 and attorney's fees 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 1463.001.