20250SB__056293AMD INTRODUCED 2025-02-20 AMENDED_SENATE 2025-03-26 AMENDED_SENATE 2025-04-10 AMENDED_SENATE 2025-04-24 AMENDED_SENATE 2025-05-23 AMENDED_ASSEMBLY 2025-07-08 AMENDED_ASSEMBLY 2026-06-16 2025 SB AMD Introduced by Senator Ashby LEAD_AUTHOR SENATE Ashby

An act to add

Section 1302.5 to the Penal Code, relating to bail. bail Bail. 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 days of the defendant’s original arraignment and the defendant’s bond has been exonerated, or if the prosecuting agency fails to file charges within days of the posting of the arrestee’s bail surety bond, the arrestee has not missed any court appearances where the arrestee’s presence is mandatory, and the arrestee’s 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.</xhtml:p><xhtml:p>This bill would make these provisions severable.</xhtml:p>"?> This bill would require a court, if, within 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 days have elapsed after posting of a bond by a defendant. MAJORITY NO YES NO NO NO NO NO NO NO NO The people of the State of California do enact as follows:

SECTION

Section 1302.5 is added to the Penal Code , to read: <caml:Num>1302.5.</caml:Num><caml:LawSectionVersion id="id_33578BBB-5753-47D6-87B2-1E9BF14CE381"><caml:Content><xhtml:p>(a)<xhtml:span class="EnSpace"/>A court shall order relief for a defendant or arrestee pursuant to subdivision (

c) under any of the following circumstances:</xhtml:p><xhtml:p>(1)<xhtml:span class="EnSpace"/>The prosecuting agency files a motion to dismiss a complaint or indictment within days of the defendant’s original arraignment and the defendant’s bond has been exonerated.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>The prosecuting agency fails to file charges within days of the posting of the arrestee’s bail surety bond, the arrestee has not missed any court appearances where the arrestee’s presence is mandatory, and the arrestee’s bond has been exonerated.</xhtml:p><xhtml:p>(b)<xhtml:span class="EnSpace"/>The court shall order the relief for the defendant or arrestee within days of the defendant or arrestee becoming eligible pursuant to subdivision (a).</xhtml:p><xhtml:p>(c)<xhtml:span class="EnSpace"/>(1)<xhtml:span class="EnSpace"/>For a defendant eligible pursuant to paragraph (1) of subdivision (a), the court shall 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 percent 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.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>For an arrestee eligible pursuant to paragraph (2) of subdivision (a), the court shall 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 percent 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.</xhtml:p><xhtml:p>(d)<xhtml:span class="EnSpace"/>The provisions of this

section are severable. If any provisions of this

section 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.</xhtml:p><xhtml:p>(e)<xhtml:span class="EnSpace"/>This

section shall only apply to a bail surety bond entered into on or after January 1, 2026.</xhtml:p></caml:Content></caml:LawSectionVersion></caml:LawSection>"?> 1302.5. (

a) If, within 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 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 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.