Bail., the official text

An act to add Section 1302.5 to the Penal Code, relating to bail.

LEGISLATIVE COUNSEL'S DIGEST

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 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 party’s 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.

The people of the State of California do enact as follows:

SECTION 1.
Section 1302.5 is added to the Penal Code, to read:
1302.5.
(a) 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 the order of court or upon the motion of the district attorney, the court, after a hearing, shall order a compensated surety to refund up to 80 percent of the premium amount paid by the defendant if necessary and supported by factual findings, if the court finds that one party unfairly benefits or receives something of value at another party’s expense, and the interests of justice require them to return the maximum allowable premium or otherwise compensate the other party. If more than 30 days have elapsed after posting a bond by a defendant, the court shall not order the refund of any premium.
(b) Reincarceration of the defendant on separate charges is not included among the additional grounds for exoneration of the surety.
(c) The 30-day limitation applies only to the interval between the posting of the bond and any changes in its terms or conditions, and not to the time within which an order for refund of bond premium shall be entered.