AB 1347: Bail: premiums.
- Session Year: 2021-2022
- House: Assembly
- Latest Version Date: 2021-10-01
Existing law provides for the procedure of approving and accepting bail, and issuing an order for the appearance and release of an arrested person. Existing law generally regulates the undertaking of bail and the licensing of bail agents and bail solicitors by the Insurance Commissioner.
This bill would, on and after January 1, 2022, prohibit an insurer, bail agent, or other bail licensee from entering into a contract, agreement, or undertaking of bail that requires the payment of more than one premium for the duration of the agreement, and would require the duration of the agreement to be until bail is exonerated. The bill would additionally prohibit an insurer, bail agent, or other bail licensee from charging, collecting, or receiving a renewal premium in connection with a contract, agreement, or undertaking of bail after that date. The bill would also make these prohibitions apply to an insurer or insurance licensee with regard to immigration bonds on and after July 1, 2022. The bill would additionally make an insurer, insurance licensee, bail agent, or other bail licensee liable to the person affected by a violation of these provisions for all damages that person sustains plus $3,000 in statutory damages, and court costs and reasonable attorneys fees, as specified. The bill would state that its provisions are severable.
Existing law provides for the procedure of approving and accepting bail, and issuing an order for the appearance and release of an arrested person. Existing law generally regulates the undertaking of bail and the licensing of bail agents and bail solicitors by the Insurance Commissioner.
This bill would, on and after January 1, 2022, prohibit an insurer, bail agent, or other bail licensee from entering into a contract, agreement, or undertaking of bail that requires the payment of more than one premium for the duration of the agreement, and would require the duration of the agreement to be until bail is exonerated. The bill would additionally prohibit an insurer, bail agent, or other bail licensee from charging, collecting, or receiving a renewal premium in connection with a contract, agreement, or undertaking of bail after that date. The bill would also make these prohibitions apply to an insurer or insurance licensee with regard to immigration bonds on and after July 1, 2022. The bill would additionally make an insurer, insurance licensee, bail agent, or other bail licensee liable to the person affected by a violation of these provisions for all damages that person sustains plus $3,000 in statutory damages, and court costs and reasonable attorneys fees, as specified. The bill would state that its provisions are severable.
Existing law provides for the procedure of approving and accepting bail, and issuing an order for the appearance and release of an arrested person. Existing law generally regulates the undertaking of bail and the licensing of bail agents and bail solicitors by the Insurance Commissioner.
This bill would, on and after January 1, 2022, prohibit an insurer, bail agent, or other bail licensee from entering into a contract, agreement, or undertaking of bail that requires the payment of more than one premium for the duration of the agreement, and would require the duration of the agreement to be until bail is exonerated and exonerated. The bill would additionally prohibit an insurer, bail agent, or other bail licensee from charging, collecting, or receiving a renewal premium in connection with a contract, agreement, or undertaking of bail after that date. The bill would also make these prohibitions apply to an insurer or insurance licensee with regard to immigration bonds. bonds on and after July 1, 2022. The bill would additionally make an insurer, insurance licensee, bail agent, or other bail licensee liable to the person affected by a violation of these provisions for all damages that person sustains plus $3,000 in statutory damages, and court costs and reasonable attorneys fees, as specified. The bill would state that its provisions are severable.
Existing law provides for the procedure of approving and accepting bail, and issuing an order for the appearance and release of an arrested person. Existing law generally regulates the undertaking of bail and the licensing of bail agents and bail solicitors by the Insurance Commissioner.
This bill would, on and after January 1, 2022, prohibit an insurer, bail agent, or other bail licensee from entering into a contract, agreement, or undertaking of bail which that requires the payment of more than one premium for the duration of the agreement, and would require the duration of the agreement to be until bail is exonerated. The bill would also exonerated and prohibit an insurer, bail agent, or other bail licensee from charging, collecting, or receiving a renewal premium in connection with a contract, agreement, or undertaking of bail after that date. The bill would also make these prohibitions apply to an insurer or insurance licensee with regard to immigration bonds. The bill would additionally make an insurer, insurance licensee, bail agent, or other bail licensee liable to the person affected by a violation of this section these provisions for all damages which that person sustains plus $3,000 in statutory damages, and court costs and reasonable attorneys fees, as specified. The bill would state that its provisions are severable.
Existing law provides for the procedure of approving and accepting bail, and issuing an order for the appearance and release of an arrested person. Existing law generally regulates the undertaking of bail and the licensing of bail agents and bail solicitors by the Insurance Commissioner.
This bill would, on and after January 1, 2022, prohibit an insurer, bail agent, or other bail licensee from entering into a contract, agreement, or undertaking of bail which requires the payment of more than one premium for the duration of the agreement, and would require the duration of the agreement to be until bail is exonerated. The bill would also prohibit an insurer, bail agent, or other bail licensee from charging, collecting, or receiving a renewal premium in connection with a contract, agreement, or undertaking of bail after that date. The bill would additionally make an insurer, bail agent, or other bail licensee liable to the person affected by a violation of this section for all damages which that person sustains plus $3,000 in statutory damages, and court costs and reasonable attorneys fees, as specified.
(a)On and after January 1, 2022, no insurer, bail agent, or other bail licensee shall enter into a contract, agreement, or undertaking of bail that requires the payment of more than one premium for the duration of the agreement, and the duration of the agreement shall be until bail is exonerated. On and after January 1, 2022, no insurer, bail agent, or other bail licensee, shall charge, collect, or receive a renewal premium in connection with a contract, agreement, or undertaking of bail.
(b)On and after July 1, 2022, no insurer or insurance licensee shall enter into a contract, agreement, or undertaking to post an immigration bond that requires the payment of more than one premium for the duration of the agreement, and the duration of the agreement shall be until the bond is exonerated. An insurer or insurance licensee shall not charge, collect, or receive a renewal premium in connection with a contract, agreement, or undertaking to post an immigration bond entered into on and after July 1, 2022.
(c)The violation of this section by an insurer, insurance licensee, bail agent, or other bail licensee shall make the violator liable to the person affected by the violation for all damages that person may sustain by reason of the violation plus statutory damages in the sum of three thousand dollars ($3,000). Any person affected by a violation of this section shall be entitled, if they prevail, to recover court costs and reasonable attorneys fees as determined by the court in any action brought to enforce this section.
SEC. 2.The provisions of this act are severable. If any provision of this act 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.
(a)On and after January 1, 2022, no insurer, bail agent, or other bail licensee shall enter into a contract, agreement, or undertaking of bail that requires the payment of more than one premium for the duration of the agreement, and the duration of the agreement shall be until bail is exonerated. On and after January 1, 2022, no insurer, bail agent, or other bail licensee, shall charge, collect, or receive a renewal premium in connection with a contract, agreement, or undertaking of bail.
(b)On and after July 1, 2022, no insurer or insurance licensee shall enter into a contract, agreement, or undertaking to post an immigration bond that requires the payment of more than one premium for the duration of the agreement, and the duration of the agreement shall be until the bond is exonerated. An insurer or insurance licensee shall not charge, collect, or receive a renewal premium in connection with a contract, agreement, or undertaking to post an immigration bond entered into on and after July 1, 2022.
(c)The violation of this section by an insurer, insurance licensee, bail agent, or other bail licensee shall make the violator liable to the person affected by the violation for all damages that person may sustain by reason of the violation plus statutory damages in the sum of three thousand dollars ($3,000). Any person affected by a violation of this section shall be entitled, if they prevail, to recover court costs and reasonable attorneys fees as determined by the court in any action brought to enforce this section.
SEC. 2.The provisions of this act are severable. If any provision of this act 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.
(a)On and after January 1, 2022, no insurer, bail agent, or other bail licensee shall enter into a contract, agreement, or undertaking of bail that requires the payment of more than one premium for the duration of the agreement, and the duration of the agreement shall be until bail is exonerated. On and after January 1, 2022, no insurer, bail agent, or other bail licensee, shall charge, collect, or receive a renewal premium in connection with a contract, agreement, or undertaking of bail.
(b)On and after January July 1, 2022, no insurer or insurance licensee shall enter into a contract, agreement, or undertaking to post an immigration bond that requires the payment of more than one premium for the duration of the agreement, and the duration of the agreement shall be until the bond is exonerated. On and after January 1, 2022, no An insurer or insurance licensee shall not charge, collect, or receive a renewal premium in connection with a contract, agreement, or undertaking to post an immigration bond. bond entered into on and after July 1, 2022.
(c)The violation of this section by an insurer, insurance licensee, bail agent, or other bail licensee shall make the violator liable to the person affected by the violation for all damages that person may sustain by reason of the violation plus statutory damages in the sum of three thousand dollars ($3,000). Any person affected by a violation of this section shall be entitled, if they prevail, to recover court costs and reasonable attorneys fees as determined by the court in any action brought to enforce this section.
SEC. 2.The provisions of this act are severable. If any provision of this act 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.
(a)On and after January 1, 2022, no insurer, bail agent, or other bail licensee shall enter into a contract, agreement, or undertaking of bail which that requires the payment of more than one premium for the duration of the agreement, and the duration of the agreement shall be until bail is exonerated. On and after January 1, 2022, no insurer, bail agent, or other bail licensee, shall charge, collect, or receive a renewal premium in connection with a contract, agreement, or undertaking of bail.
(b)On and after January 1, 2022, no insurer or insurance licensee shall enter into a contract, agreement, or undertaking to post an immigration bond that requires the payment of more than one premium for the duration of the agreement, and the duration of the agreement shall be until the bond is exonerated. On and after January 1, 2022, no insurer or insurance licensee shall charge, collect, or receive a renewal premium in connection with a contract, agreement, or undertaking to post an immigration bond.
(b)(c)The violation of this section by an insurer, insurance licensee, bail agent, or other bail licensee shall make the violator liable to the person affected by the violation for all damages which that person may sustain by reason of the violation plus statutory damages in the sum of three thousand dollars ($3,000). Any person affected by a violation of this section shall be entitled, if they prevail, to recover court costs and reasonable attorneys fees as determined by the court in any action brought to enforce this section.
SEC. 2.The provisions of this act are severable. If any provision of this act 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.
(a)On and after January 1, 2022, no insurer, bail agent, or other bail licensee shall enter into a contract, agreement, or undertaking of bail which requires the payment of more than one premium for the duration of the agreement, and the duration of the agreement shall be until bail is exonerated. On and after January 1, 2022, no insurer, bail agent, or other bail licensee, shall charge, collect, or receive a renewal premium in connection with a contract, agreement, or undertaking of bail.
(b)The violation of this section by an insurer, bail agent, or other bail licensee shall make the violator liable to the person affected by the violation for all damages which that person may sustain by reason of the violation plus statutory damages in the sum of three thousand dollars ($3,000). Any person affected by a violation of this section shall be entitled, if they prevail, to recover court costs and reasonable attorneys fees as determined by the court in any action brought to enforce this section.
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Date
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Status
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| Oct 1, 2021 | Chaptered by Secretary of State - Chapter 444, Statutes of 2021. |
| Oct 1, 2021 | Approved by the Governor. |
| Sep 13, 2021 | Enrolled and presented to the Governor at 3 p.m. |
| Sep 7, 2021 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 72. Noes 0. Page 2849.). |
| Sep 3, 2021 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 5 pursuant to Assembly Rule 77. |
| Sep 3, 2021 | Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 2392.). |
| Aug 31, 2021 | Ordered to special consent calendar. |
| Aug 26, 2021 | From committee: Do pass. (Ayes 7. Noes 0.) (August 26). |
| Jul 15, 2021 | In committee: Referred to suspense file. |
| Jun 30, 2021 | From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 11. Noes 0. Page 1717.) (June 29). Re-referred to Com. on APPR. |
| Jun 16, 2021 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD. |
| Jun 15, 2021 | From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 0.) (June 15). Re-referred to Com. on JUD. |
| Jun 2, 2021 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S. |
| May 19, 2021 | Referred to Coms. on PUB. S., JUD. and APPR. |
| May 6, 2021 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 6, 2021 | Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 1338.) |
| Apr 29, 2021 | Read second time. Ordered to Consent Calendar. |
| Apr 28, 2021 | From committee: Do pass. To Consent Calendar. (Ayes 8. Noes 0.) (April 27). |
| Mar 4, 2021 | Referred to Com. on PUB. S. |
| Feb 22, 2021 | Read first time. |
| Feb 20, 2021 | From printer. May be heard in committee March 22. |
| Feb 19, 2021 | Introduced. To print. |
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Date
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Description
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Location
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Votes
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| Sep 7, 2021 | AB 1347 Jones-Sawyer Concurrence in Senate Amendments | Assembly Floor |
Passed |
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| Sep 3, 2021 | Special Consent AB1347 | Senate Floor |
Passed |
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| May 6, 2021 | AB 1347 Jones-Sawyer Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
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