Forfeiture of the Undertaking of Bail or of the Deposit of Money

Cal. PEN § 1306

California Statutes

(

a) When any bond is forfeited and the period of time specified in

Section has elapsed without the forfeiture having been set aside, the court which has declared the forfeiture 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 interest. (

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 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 days after the

summary judgment becomes final.

(2) If the judgment remains unpaid for a period of 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. Notwithstanding Sections 85, 580, 904.1, and 904.2 of the Code of Civil Procedure, jurisdiction of the appeal, and treatment of the appeal as a limited civil case or an unlimited civil case, is governed by

Section 1305.5. (

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.

Document details

CollectionCalifornia Statutes
CitationCal. PEN § 1306
Date2013-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierPEN1306.201247050

Forfeiture of the Undertaking of Bail or of the Deposit of Money

Cal. PEN § 1306

California Statutes

Forfeiture of the Undertaking of Bail or of the Deposit of Money

Cal. PEN § 1306

California Statutes

(

a) When any bond is forfeited and the period of time specified in

Section has elapsed without the forfeiture having been set aside, the court which has declared the forfeiture 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 interest. (

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 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 days after the

summary judgment becomes final.

(2) If the judgment remains unpaid for a period of 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. Notwithstanding Sections 85, 580, 904.1, and 904.2 of the Code of Civil Procedure, jurisdiction of the appeal, and treatment of the appeal as a limited civil case or an unlimited civil case, is governed by

Section 1305.5. (

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.

Document details

CollectionCalifornia Statutes
CitationCal. PEN § 1306
Date2013-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierPEN1306.201247050