SB 562: Bail.

Session Year: 2025-2026
House: Senate
Latest Version Date: 2026-06-16

Current Status:

In Progress

(2026-06-16: Read second time and amended. Re-referred to Com. on APPR.)

Introduced

In Committee

First Chamber

In Committee

Second Chamber

Enacted

Version:

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 requires the superior court judges in each county to prepare, adopt, and annually revise a uniform countywide schedule of bail, as specified, and requires the superior court judges, when adopting that schedule, to consider the seriousness of the offense charged and assign an additional amount of required bail for each aggravating or enhancing factor chargeable in the complaint, as specified.

This bill would, if a prosecuting agency files a motion to dismiss a complaint or indictment within 21 days of the defendants original arraignment and the defendants bond has been exonerated, or if the prosecuting agency fails to file charges within 21 days of the posting of the arrestees bail surety bond, the arrestee has not missed any court appearances where the arrestees presence is mandatory, and the arrestees 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.

This bill would require a court, 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 order of the court or upon the motion of the district attorney, after a hearing, to order a compensated surety to refund up to 80% of the premium paid by a defendant, if necessary and supported by factual findings, if the court finds that one party unfairly benefits or receives something of value at another partys expense, and the interests of justice require them to return the maximum allowable premium or otherwise compensate the other party. The bill would prohibit a court from ordering a refund of any premium if more than 30 days have elapsed after posting of a bond by a defendant.

Discussed in Hearing