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.