Bill Text: CA SB562 | 2025-2026 | Regular Session | Amended
Bill Title: Bail.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Engrossed) 2026-08-13 - August 13 hearing: Held in committee and under submission. [SB562 Detail]
Download: California-2025-SB562-Amended.html
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Amended
IN
Assembly
June 16, 2026 |
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Amended
IN
Assembly
July 08, 2025 |
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Amended
IN
Senate
May 23, 2025 |
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Amended
IN
Senate
April 24, 2025 |
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Amended
IN
Senate
April 10, 2025 |
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Amended
IN
Senate
March 26, 2025 |
| Introduced by Senator Ashby |
February 20, 2025 |
LEGISLATIVE COUNSEL'S DIGEST
This bill would, if a prosecuting agency files a motion to dismiss a complaint or indictment within 21 days of the defendant’s original arraignment and the defendant’s bond has been
exonerated, or if the prosecuting agency fails to file charges within 21 days of the posting of the arrestee’s bail surety
bond, the arrestee has not missed any court appearances where the arrestee’s presence is mandatory, and the arrestee’s bond has been exonerated,
require the court to order the licensed bail surety agent to provide a refund to the entities or persons who were billed the money or property to the bail bond licensee of an amount equal to any bail premium paid, less an administrative reimbursement for an amount equal to 2% of the bond liability amount and the premium tax paid to the state by a licensed surety company in connection with the posting of the bail bond. The bill would apply only to a bail surety bond entered into on or after January 1, 2026.
This bill would make these provisions severable.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1302.5 is added to the Penal Code, to read:(a)A court shall order relief for a defendant or arrestee pursuant to subdivision (c) under any of the following circumstances:
(1)The prosecuting agency files a motion to dismiss a complaint or indictment within 21 days of the defendant’s original arraignment and the defendant’s bond has been exonerated.
(2)The prosecuting agency fails to file charges within 21 days of the posting of the arrestee’s bail surety bond, the arrestee has not missed any court appearances where the arrestee’s presence is mandatory, and the arrestee’s bond has been exonerated.
(b)The court shall order the relief for the defendant or arrestee within 30 days of the defendant or arrestee becoming eligible pursuant to subdivision (a).
(c)(1)For a defendant eligible pursuant to paragraph (1) of subdivision (a), the court shall order the licensed bail surety agent to provide a refund to the entities or persons who were billed the money or property to the bail bond licensee
of an amount equal to any bail premium paid, less an administrative reimbursement for an amount equal to 2 percent of the bond liability amount and the premium tax paid to the state by a licensed surety company in connection with the posting of the bail bond.
(2)For an arrestee eligible pursuant to paragraph (2) of subdivision (a), the court shall order the licensed bail surety agent to provide a refund to the entities or persons who were billed the money or property to the bail bond licensee of an amount equal to any bail premium paid, less an administrative reimbursement for an amount equal to 2 percent of the bond liability amount and the premium tax paid to the state by a licensed surety company in connection with the posting of the bail bond.
(d)The provisions of this section are severable. If any provisions of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
(e)This section shall only apply to a bail surety bond entered into on or after January 1,
2026.
1302.5.
(a) If, within 21 days after the posting of a bond by a defendant, the terms and conditions of the bond are changed or altered or the charges against the defendant are dismissed, either by the order of court or upon the motion of the district attorney, the court, after a hearing, shall order a compensated surety to refund up to 80 percent of the premium amount paid by the defendant if necessary and supported by factual findings, if the court finds that one party unfairly benefits or receives something of value at another party’s expense, and the interests of justice require them to return the maximum allowable premium
or otherwise compensate the other party. If more than 30 days have elapsed after posting a bond by a defendant, the court shall not order the refund of any premium.
