AB 1082: Bail forfeiture: motion to extend time.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-03-26
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.
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.
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.
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.
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Date
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Status
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|---|---|
| Feb 27, 2015 | Introduced. To print. |
| Mar 1, 2015 | From printer. May be heard in committee March 31. |
| Mar 2, 2015 | Read first time. |
| Mar 26, 2015 | From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended. |
| Mar 26, 2015 | Referred to Com. on PUB. S. |
| Apr 6, 2015 | Re-referred to Com. on PUB. S. |
| Apr 21, 2015 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Jan 31, 2016 | Died pursuant to Article IV, Sec. 10(c) of the Constitution. |
| Feb 1, 2016 | From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. |
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