2009 California Penal Code - Section 1305-1308 :: Article 7. Forfeiture Of The Undertaking Of Bail Or Of The Deposit Of Money

PENAL CODE
SECTION 1305-1308

1305.  (a) A court shall in open court declare forfeited the
undertaking of bail or the money or property deposited as bail if,
without sufficient excuse, a defendant fails to appear for any of the
following:
   (1) Arraignment.
   (2) Trial.
   (3) Judgment.
   (4) Any other occasion prior to the pronouncement of judgment if
the defendant's presence in court is lawfully required.
   (5) To surrender himself or herself in execution of the judgment
after appeal.
   However, the court shall not have jurisdiction to declare a
forfeiture and the bail shall be released of all obligations under
the bond if the case is dismissed or if no complaint is filed within
15 days from the date of arraignment.
   (b) If the amount of the bond or money or property deposited
exceeds four hundred dollars ($400), the clerk of the court shall,
within 30 days of the forfeiture, mail notice of the forfeiture to
the surety or the depositor of money posted instead of bail. At the
same time, the court shall mail a copy of the forfeiture notice to
the bail agent whose name appears on the bond. The clerk shall also
execute a certificate of mailing of the forfeiture notice and shall
place the certificate in the court's file. If the notice of
forfeiture is required to be mailed pursuant to this section, the
180-day period provided for in this section shall be extended by a
period of five days to allow for the mailing.
   If the surety is an authorized corporate surety, and if the bond
plainly displays the mailing address of the corporate surety and the
bail agent, then notice of the forfeiture shall be mailed to the
surety at that address and to the bail agent, and mailing alone to
the surety or the bail agent shall not constitute compliance with
this section.
   The surety or depositor shall be released of all obligations under
the bond if any of the following conditions apply:
   (1) The clerk fails to mail the notice of forfeiture in accordance
with this section within 30 days after the entry of the forfeiture.
   (2) The clerk fails to mail the notice of forfeiture to the surety
at the address printed on the bond.
   (3) The clerk fails to mail a copy of the notice of forfeiture to
the bail agent at the address shown on the bond.
   (c) (1) If the defendant appears either voluntarily or in custody
after surrender or arrest in court within 180 days of the date of
forfeiture or within 180 days of the date of mailing of the notice if
the notice is required under subdivision (b), the court shall, on
its own motion at the time the defendant first appears in court on
the case in which the forfeiture was entered, direct the order of
forfeiture to be vacated and the bond exonerated. If the court fails
to so act on its own motion, then the surety's or depositor's
obligations under the bond shall be immediately vacated and the bond
exonerated. An order vacating the forfeiture and exonerating the bond
may be made on terms that are just and do not exceed the terms
imposed in similar situations with respect to other forms of pretrial
release.
   (2) If, within the county where the case is located, the defendant
is surrendered to custody by the bail or is arrested in the
underlying case within the 180-day period, and is subsequently
released from custody prior to an appearance in court, the court
shall, on its own motion, direct the order of forfeiture to be
vacated and the bond exonerated. If the court fails to so act on its
own motion, then the surety's or depositor's obligations under the
bond shall be immediately vacated and the bond exonerated. An order
vacating the forfeiture and exonerating the bond may be made on terms
that are just and do not exceed the terms imposed in similar
situations with respect to other forms of pretrial release.
   (3) If, outside the county where the case is located, the
defendant is surrendered to custody by the bail or is arrested in the
underlying case within the 180-day period, the court shall vacate
the forfeiture and exonerate the bail.
   (4) In lieu of exonerating the bond, the court may order the bail
reinstated and the defendant released on the same bond if both of the
following conditions are met:
   (A) The bail is given prior notice of the reinstatement.
   (B) The bail has not surrendered the defendant.
   (d) In the case of a permanent disability, the court shall direct
the order of forfeiture to be vacated and the bail or money or
property deposited as bail exonerated if, within 180 days of the date
of forfeiture or within 180 days of the date of mailing of the
notice if notice is required under subdivision (b), it is made
apparent to the satisfaction of the court that both of the following
conditions are met:
   (1) The defendant is deceased or otherwise permanently unable to
appear in the court due to illness, insanity, or detention by
military or civil authorities.
   (2) The absence of the defendant is without the connivance of the
bail.
   (e) In the case of a temporary disability, the court shall order
the tolling of the 180-day period provided in this section during the
period of temporary disability, provided that it appears to the
satisfaction of the court that the following conditions are met:
   (1) The defendant is temporarily disabled by reason of illness,
insanity, or detention by military or civil authorities.
   (2) Based upon the temporary disability, the defendant is unable
to appear in court during the remainder of the 180-day period.
   (3) The absence of the defendant is without the connivance of the
bail.
   The period of the tolling shall be extended for a reasonable
period of time, at the discretion of the court, after the cessation
of the disability to allow for the return of the defendant to the
jurisdiction of the court.
   (f) In all cases where a defendant is in custody beyond the
jurisdiction of the court that ordered the bail forfeited, and the
prosecuting agency elects not to seek extradition after being
informed of the location of the defendant, the court shall vacate the
forfeiture and exonerate the bond on terms that are just and do not
exceed the terms imposed in similar situations with respect to other
forms of pretrial release.
   (g) In all cases of forfeiture where a defendant is not in custody
and is beyond the jurisdiction of the state, is temporarily
detained, by the bail agent, in the presence of a local law
enforcement officer of the jurisdiction in which the defendant is
located, and is positively identified by that law enforcement officer
as the wanted defendant in an affidavit signed under penalty of
perjury, and the prosecuting agency elects not to seek extradition
after being informed of the location of the defendant, the court
shall vacate the forfeiture and exonerate the bond on terms that are
just and do not exceed the terms imposed in similar situations with
respect to other forms of pretrial release.
   (h) As used in this section, "arrest" includes a hold placed on
the defendant in the underlying case while he or she is in custody on
other charges.
   (i) A motion filed in a timely manner within the 180-day period
may be heard within 30 days of the expiration of the 180-day period.
The court may extend the 30-day period upon a showing of good cause.
The motion may be made by the surety insurer, the bail agent, the
surety, or the depositor of money or property, any of whom may appear
in person or through an attorney. The court, in its discretion, may
require that the moving party provide 10 days prior notice to the
applicable prosecuting agency, as a condition precedent to granting
the motion.

1305.1.  If the defendant fails to appear for arraignment, trial,
judgment, or upon any other occasion when his or her appearance is
lawfully required, but the court has reason to believe that
sufficient excuse may exist for the failure to appear, the court may
continue the case for a period it deems reasonable to enable the
defendant to appear without ordering a forfeiture of bail or issuing
a bench warrant.
   If, after the court has made the order, the defendant, without
sufficient excuse, fails to appear on or before the continuance date
set by the court, the bail shall be forfeited and a warrant for the
defendant's arrest may be ordered issued.

1305.2.  If an assessment is made a condition of the order to set
aside the forfeiture of an undertaking, deposit, or bail under
Section 1305, the clerk of the court shall within 30 days mail notice
thereof to the surety or depositor at the address of its principal
office, mail a copy to the bail agent whose name appears on the bond,
and shall execute a certificate of mailing and place it in the court'
s file in the case. The time limit for payment shall in no event be
less than 30 days after the date of mailing of the notice.
   If the assessment has not been paid by the date specified, the
court shall determine if a certificate of mailing has been executed,
and if none has, the court shall cause a notice to be mailed to the
surety, depositor, or bail agent whose name appears on the bond, and
the surety, depositor, or bail agent whose name appears on the bond
shall be allowed an additional 30 days to pay the assessment.

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.

1305.4.  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 (i) of
Section 1305.

1306.  (a) When any bond is forfeited and the period of time
specified in Section 1305 has elapsed without the forfeiture having
been set aside, the court which has declared the forfeiture,
regardless of the amount of the bail, shall enter a summary judgment
against each bondsman named in the bond in the amount for which the
bondsman is bound. The judgment shall be the amount of the bond plus
costs, and notwithstanding any other law, no penalty assessments
shall be levied or added to the judgment.
   (b) If a court grants relief from bail forfeiture, it shall impose
a monetary payment as a condition of relief to compensate the people
for the costs of returning a defendant to custody pursuant to
Section 1305, except for cases where the court determines that in the
best interest of justice no costs should be imposed. The amount
imposed shall reflect the actual costs of returning the defendant to
custody. Failure to act within the required time to make the payment
imposed pursuant to this subdivision shall not be the basis for a
summary judgment against any or all of the underlying amount of the
bail. A summary judgment entered for failure to make the payment
imposed under this subdivision is subject to the provisions of
Section 1308, and shall apply only to the amount of the costs owing
at the time the summary judgment is entered, plus administrative
costs and interests.
   (c) If, because of the failure of any court to promptly perform
the duties enjoined upon it pursuant to this section, summary
judgment is not entered within 90 days after the date upon which it
may first be entered, the right to do so expires and the bail is
exonerated.
   (d) A dismissal of the complaint, indictment, or information after
the default of the defendant shall not release or affect the
obligation of the bail bond or undertaking.
   (e) The district attorney or county counsel shall:
   (1) Demand immediate payment of the judgment within 30 days after
the summary judgment becomes final.
   (2) If the judgment remains unpaid for a period of 20 days after
demand has been made, shall forthwith enforce the judgment in the
manner provided for enforcement of money judgments generally. If the
judgment is appealed by the surety or bondsman, the undertaking
required to be given in these cases shall be provided by a surety
other than the one filing the appeal. The undertaking shall comply
with the enforcement requirements of Section 917.1 of the Code of
Civil Procedure.
   (f) The right to enforce a summary judgment entered against a
bondsman pursuant to this section shall expire two years after the
entry of the judgment.

1306.1.  The provisions of Sections 1305 and 1306 shall not affect
the payment of bail deposits into the city or county treasury, as the
case may be, pursuant to Section 40512 of the Vehicle Code in those
cases arising under Section 40500 of the Vehicle Code.

1307.  If, by reason of the neglect of the defendant to appear,
money deposited instead of bail is forfeited, and the forfeiture is
not discharged or remitted, the clerk with whom it is deposited must,
at the end of 180 days, unless the court has before that time
discharged the forfeiture, pay over the money deposited to the county
treasurer.

1308.  (a) No court or magistrate shall accept any person or
corporation as surety on bail if any summary judgment against that
person or corporation entered pursuant to Section 1306 remains unpaid
after the expiration of 30 days after service of the notice of the
entry of the summary judgment, provided that, if during the 30 days
an action or proceeding available at law is initiated to determine
the validity of the order of forfeiture or summary judgment rendered
on it, this section shall be rendered inoperative until that action
or proceeding has finally been determined, provided that, if an
appeal is taken, an appeal bond is posted in compliance with Section
917.1 of the Code of Civil Procedure.
   (b) The clerk of the court in which the judgment is rendered shall
serve notice of the entry of judgment upon the judgment debtor
within five days after the date of the entry of the summary judgment.


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