1. Applicable State Statutes.
- California Insurance Code, Div. 1, Part 2, Ch. 7, Sections 1800-1823, (hereafter referred to as IC).
1) Under IC 1800.6, cities and counties are free to enact further regulations not in conflict with the IC sections cited above in A.
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California Penal Code, Part 2, Title 10, Ch. 1, Article 5.5, Sections 1299-1317 (hereafter referred to as PC).
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California Code of Regulations, Title 10, Ch. 5, Sections 2053 et seq.
2. Licensing Requirements for Agents.
- California provides for three kinds of bail licenses [IC 1801]: the bail agents’ license [IC 1802], the bail permitees’ license [IC 1802.5], and the bail solicitors’ license [IC 1803]. Of concern here will be the bail agents’license, which permits the holder to solicit, negotiate, and effect undertakings of bail on behalf of any admitted surety. (A license may also be held by a corporation [IC 1810(b)]). The requirements of which license are:
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a surety bond of $1000 for proper handling of money collected [IC 1802],
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a notice of appointment on file with commissioner by a surety insurer [IC 1802.1],
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filing an application in the form prescribed by the commissioner with such supporting documents as required [IC 1804],
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filing of annual notices and applications to keep licenses in force and payment of fees by 1 May annually [IC 1808],
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taking and passing a written examination given by the commissioner [IC 1810.5, 1810.6], to qualify for which the applicant must take 12 hours of classroom education in pertinent subjects [IC 1810.7(a)],
- completion annually of not less than six hours of continuing classroom education on pertinent subjects prior to renewal of license [IC 1810.7(a)],
- payment of a license application fee of $118.00 [IC 1811(a)],
- The regulatory body is the Insurance Department.
3. Notice of Forfeiture [PC 1305-1308].
Upon the court’s declaration of a forfeiture [PC 1305(a)(1)-(5)],
- the clerk of the court must mail notice to both surety and bail agent within 30 days of the declaration [1305(b)],
- the forfeiture period is 180 days extended by five days for mailing [1305(b)],
4. Allotted Time Between Forfeiture Declaration and Payment Due Date.
When the bond is forfeited and the period of time in PC 1305 has elapsed, the court in question enters a summary judgement [PC 1306(a)] and the district attorney or county counsel must demand immediate payment within 30 days after the summary judgement becomes final [PC 1306(e)(1)]. The clerk of the court must serve notice of the entry of judgment within five days of the date of the judgment [PC 1308(b)].
- The court can extend the time period not to exceed 180 days from its order [PC 1305.4] or permit tolling [PC 1305(e)].
5. Forfeiture Defenses.
The California Penal Code establishes a number of conditions under which the forfeiture is set aside:
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if case is dismissed or no complaint is filed within 15 days of arraignment [1305(a)(5)],
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if the clerk fails to mail forfeiture notice within 30 days or fail to mail to both agent and surety [1305(b)(1)-(3)],
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if defendant is returned to court within the 180 period [1305(b)(1)-(3)],
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if defendant is permanently disabled [PC 1305(d)], deceased or otherwise permanently unable to appear [PC 1305(d)(1)], temporarily disabled [PC 1305(e)(1)-(3)], or in custody beyond jurisdiction of the court [PC 1305(f)(g)],
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a motion is filed by the agent/surety within the 180 day period to be heard within 30 of the expiration of the 180 day period [PC 1305(I)], 1305.4],
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if the court has reason to believe there is a sufficient excuse for a failure to appear, it may continue the case for a period it deems reasonable [PC 1305.1].
6. Remission.
California has no remission period.
7. Bail Agent’s Arrest Authority.
California Penal code allows the agent to arrest the principal himself or empower another to do so. [PC 1301].
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