Bail Bonds Law: Definitions Related to Bail

The following California Bail regulations and laws are taken from Title 10, Article 2 of the California Code of Regulations, the California Insurance Code (sections relevant to the undertaking of bail) and Penal Code concerning bail related definitions. Tonya Page Bail Bonds is not responsible for omissions or errors, for further clarification please visit my online privacy policy statement.

Admission of guilt as prerequisite for program

Penal

1001.66

Admittance to bail; defendant; approving undertaking

Penal

1269a

Admitting bail; who may

Penal

1291

Affidavits for justification of bail

Penal

1280a

Appeal; admission to bail

Penal

1272

Appeal; criteria for release on bail pending

Penal

1272.1

Application for return of securities; form and contents

Insurance

1802.73

Arrestee; defined

Title 10

2054.5

Bail bond; defined

Insurance

1800.4

Bail license; definition

Title 10

2054.1

Bail; feloniously obtained monies

Penal

1275.1

Bail; serious felonies

Penal

1275

Bail; taking; defined

Penal

1269

Bail; terms and transactions defined

Title 10

2054.3

Bonds deposited in lieu of money

Penal

1298

City and county regulatory authority

Insurance

1800.6

Defined; admission of bail

Penal

1268

Defined; arrestee

Penal

2054.5

Defined; violent felony

Penal

1319

Definitions; application of Insurance Code

Title 10

2053.1

Definitions; bail license; bail licensee

Title 10

2054.1

Insurance Code; application of definitions

Title 10

2053.1

License; bail; definition

Title 10

2054.1

Licensee; bail; definition

Title 10

2054.1

Policy; defined

Insurance

380

Policy; specify

Insurance

381

Taking of bail; defined

Penal

1269

Transact; defined

Insurance

35

Transaction of bail; terms defined

Title 10

2054.3

Admission of guilt as prerequisite for program 

Penal                      1001.66

See also Bail Negotiation & Fees

1001.66. At no time shall a defendant be required to make an admission of guilt as a prerequisite for placement in a precomplaint diversion program.

Admitting bail; who may 

Penal                      1291

1291.  In the cases in which defendant may be admitted to bail upon
an appeal, the order admitting him to bail may be made by any
Magistrate having the power to issue a writ of habeas corpus, or by
the Magistrate before whom the trial was had.

Affidavits for justification of bail   

Penal                      1280a

1280a.  All affidavits for the justification of bail shall set forth
the amount of the bail undertaking, a notice that the affidavit
shall constitute a lien upon the real property described in the
affidavit immediately upon the recordation of the affidavit with the
county recorder pursuant to Section 1280b, and the legal description
and assessor's parcel numbers of the real estate owned by the bail,
which is scheduled as showing that they each possess the
qualifications provided in the preceding sections, the affidavit
shall also show all encumbrances upon the real estate known to
affiants and shall show the number of bonds, if any, on which each
bail has qualified, within one year before the date of the affidavit,
together with the amount of each such bond, the date on which, the
county in which, and the name of the principal for whom each bond was
executed.
   The affidavit shall also state the amount of each bail's liability
on bonds executed in previous years and not exonerated at the date
of the execution of the  affidavit and be signed and acknowledged by
the owner of the real property.

Appeal; admission to bail 

Penal                      1272

1272. After conviction of an offense not punishable with death, a defendant who has made application for probation or who has appealed may be admitted to bail: 1. As a matter of right, before judgment is pronounced pending application for probation in cases of misdemeanors, or when the appeal is from a judgment imposing a fine only. 2. As a matter of right, before judgment is pronounced pending application for probation in cases of misdemeanors, or when the appeal is from a judgment imposing imprisonment in cases of misdemeanors. 3. As a matter of discretion in all other cases, except that a person convicted of an offense subject to this subdivision, who makes a motion for release on bail subsequent to a sentencing hearing, shall provide notice of the hearing on the bail motion to the prosecuting attorney at least five court days prior to the hearing.

Appeal; criteria for release on bail pending  

Penal                      1272.1

1272.1. Release on bail pending appeal under subdivision (3) of Section 1272 shall be ordered by the court if the defendant demonstrates all the following: (a) By clear and convincing evidence, the defendant is not likely to flee. Under this subdivision the court shall consider the following criteria: (1) The ties of the defendant to the community, including his or her employment, the duration of his or her residence, the defendant's family attachments and his or her property holdings. (2) The defendant's record of appearance at past court hearings or of flight to avoid prosecution. (3) The severity of the sentence the defendant faces. (b) By clear and convincing evidence, the defendant does not pose a danger to the safety of any other person or to the community. Under this subdivision the court shall consider, among other factors, whether the crime for which the defendant was convicted is a violent felony, as defined in subdivision (c) of Section 667.5. (c) The appeal is not for the purpose of delay and, based upon the record in the case, raises a substantial legal question which, if decided in favor of the defendant, is likely to result in reversal. For purposes of this subdivision, a "substantial legal question" means a close question, one of more substance than would be necessary to a finding that it was not frivolous. In assessing whether a substantial legal question has been raised on appeal by the defendant, the court shall not be required to determine whether it committed error. In making its decision on whether to grant defendants' motions for bail under subdivision (3) of Section 1272, the court shall include a brief statement of reasons in support of an order granting or denying a motion for bail on appeal. The statement need only include the basis for the order with sufficient specificity to permit meaningful review.

Application for return of securities; form and contents

Insurance              1802.73

1802.73. The application shall be in writing, verified, and shall state: (a) The nature of all bail licenses held by the applicant and the period during which the applicant was authorized to transact bail business under each; (b) All of the counties in which the applicant transacted bail under the authority of each license; (c) That all bail transacted by applicant, and his solicitors and employees, if any, has been exonerated by order of court, and that his liability as surety on all bail transactions has been discharged; (d) The date upon which the last liability of the applicant on a bail transaction was fully exonerated and discharged; (e) That all moneys collected or received by the applicant, and his solicitors and employees, if any, have been paid to the person or persons entitled thereto and have in all respects been fully and properly accounted for.

Arrestee; defined

Title 10                  2054.5

2054.5. “Arrestee" Defined
As used in this article “arrestee" means any person actually detained or subject to
detention in custody whose release may lawfully be effected by bail.

Bail bond; defined 

Insurance              1800.4

1800.4. As used in this chapter, the term "bail bond" includes any contract not executed by a surety insurer for or method of release of person arrested or confined on account of any actual or alleged violation of the provisions of any law of this or any other State or of any municipality in the State of California, including any release by means of cash or other property deposited in lieu of bail under the provisions of sections 1295 and 1298 of the Penal Code whereby the attendance in court when required by law and obedience to orders and judgment of any court by the person released is guaranteed.

Bail; feloniously obtained monies 

Penal                      1275.1

1275.1. (a) Bail, pursuant to this chapter, shall not be accepted unless a judge or magistrate finds that no portion of the consideration, pledge, security, deposit, or indemnification paid, given, made, or promised for its execution was feloniously obtained. (b) A hold on the release of a defendant from custody shall only be ordered by a magistrate or judge if any of the following occurs: (1) A peace officer, as defined in Section 830, files a declaration executed under penalty of perjury setting forth probable cause to believe that the source of any consideration, pledge, security, deposit, or indemnification paid, given, made, or promised for its execution was feloniously obtained. (2) A prosecutor files a declaration executed under penalty of perjury setting forth probable cause to believe that the source of any consideration, pledge, security, deposit, or indemnification paid, given, made, or promised for its execution was feloniously obtained. A prosecutor shall have absolute civil immunity for executing a declaration pursuant to this paragraph. (3) The magistrate or judge has probable cause to believe that the source of any consideration, pledge, security, deposit, or indemnification paid, given, made, or promised for its execution was feloniously obtained. (c) Once a magistrate or judge has determined that probable cause exists, as provided in subdivision (b), a defendant bears the burden by a preponderance of the evidence to show that no part of any consideration, pledge, security, deposit, or indemnification paid, given, made, or promised for its execution was obtained by felonious means. Once a defendant has met such burden, the magistrate or judge shall release the hold previously ordered and the defendant shall be released under the authorized amount of bail. (d) The defendant and his or her attorney shall be provided with a copy of the declaration of probable cause filed under subdivision (b) no later than the date set forth in Section 825. (e) Nothing in this defendant shall be released under the authorized amount of bail. (d) The defendant and his or her attorney shall be provided with a copy of the declaration of probable cause filed under subdivision (b) no later than the date set forth in Section 825. (e) Nothing in this section shall prohibit a defendant from obtaining a loan of money so long as the loan will be funded and repaid with funds not feloniously obtained. (f) At the request of any person providing any portion of the consideration, pledge, security, deposit, or indemnification paid, given, made, or promised for its execution, the magistrate or judge, at an evidentiary hearing to determine the source of the funds, may close it to the general public to protect the person's right to privacy in his or her financial affairs. (g) If the declaration, having been filed with a magistrate or judge, is not acted on within 24 hours, the defendant shall be released from custody upon posting of the amount of bail set. (h) Nothing in this code shall deny the right of the defendant, either personally or through his or her attorney, bail agent licensed by the Department of Insurance, admitted surety insurer licensed by the Department of Insurance, friend, or member of his or her family from making an application to the magistrate or judge for the release of the defendant on bail. (i) The bail of any defendant found to have willfully misled the court regarding the source of bail may be increased as a result of the willful misrepresentation. The misrepresentation may be a factor considered in any subsequent bail hearing. (j) If a defendant has met the burden under subdivision (c), and a defendant will be released from custody upon the issuance of a bail bond issued pursuant to authority of Section 1269 or 1269b by any admitted surety insurer or any bail agent, approved by the Insurance Commissioner, the magistrate or judge shall vacate the holding order imposed under subdivision (b) upon the condition that the consideration for the bail bond is approved by the court. (k) As used in this section, "feloniously obtained" means any consideration, pledge, security, deposit, or indemnification paid, given, made, or promised for its execution which is possessed, received, or obtained through an unlawful act, transaction, or occurrence constituting a felony.

Bail license; definition

Title 10                  2054.1

2054.1. “Bail License"; “Bail Licensee"; Terms Defined
As used in this article “bail license" includes all licenses specified in Section 1801 of the
Insurance Code and “bail licensee" the holders thereof whether on a permanent or
temporary basis and whether as individuals or as members of a partnership.

Bail; serious felonies

Penal                      1275

1275. (a) In setting, reducing, or denying bail, the judge or magistrate shall take into consideration the protection of the public, the seriousness of the offense charged, the previous criminal record of the defendant, and the probability of his or her appearing at trial or hearing of the case. The public safety shall be the primary consideration. In considering the seriousness of the offense charged, the judge or magistrate shall include consideration of the alleged injury to the victim, and alleged threats to the victim or a witness to the crime charged, the alleged use of a firearm or other deadly weapon in the commission of the crime charged, and the alleged use or possession of controlled substances by the defendant. (b) In considering offenses wherein a violation of Chapter 6 (commencing with Section 11350) of Division 10 of the Health and Safety Code is alleged, the judge or magistrate shall consider the following: (1) the alleged amounts of controlled substances involved in the commission of the offense, and (2) whether the defendant is currently released on bail for an alleged violation of Chapter 6 (commencing with Section 11350) of Division 10 of the Health and Safety Code. (c) Before a court reduces bail below the amount established by the bail schedule approved for the county, in accordance with subdivisions (b) and (c) of Section 1269b, for a person charged with a serious felony, as defined in subdivision (c) of Section 1192.7, or a violent felony, as defined in subdivision (c) of Section 667.5, the court shall make a finding of unusual circumstances and shall set forth those facts on the record. For purposes of this subdivision, "unusual circumstances" does not include the fact that the defendant has made all prior court appearances or has not committed any new offenses.

Bail; taking; defined 

Penal                      1269

See also Court Responsibilities

1269. The taking of bail consists in the acceptance, by a competent court or magistrate, of the undertaking of sufficient bail for the appearance of the defendant, according to the terms of the undertaking, or that the bail will pay to the people of this state a specified sum. Upon filing, the clerk shall enter in the register of actions the date and amounts of such bond and the name or names of the surety or sureties thereon. In the event of the loss or destruction of such bond, such entries so made shall be prima facie evidence of the due execution of such bond as required by law. Whenever any bail bond has been deposited in any criminal action or proceeding in a municipal or superior court or in any proceeding in habeas corpus in a superior court, and it is made to appear to the satisfaction of the court by affidavit or by testimony in open court that more than three years have elapsed since the exoneration or release of said bail, the court must direct that such bond be destroyed.

Bail; terms and transactions defined 

Title 10                  2054.3

2054.3. “Bail"; “Transaction of Bail"; Terms Defined
As used in this article “bail" or “transaction of bail" includes “undertakings of bail and
bail bond" as that term is defined in Insurance Code Section 1800.4, including the
activities in respect to execution or delivery of undertakings of bail of any person,
whether designated “general agent" or otherwise, who conducts, or supervises the
conduct of bail business pursuant to contract with a surety insurer.

Bonds deposited in lieu of money

Penal                      1298

1298. In lieu of a deposit of money, the defendant or any other person may deposit bonds of the United States or of the State of California of the face value of the cash deposit required, and these bonds shall be treated in the same manner as a deposit of money or the defendant or any other person may give as security any equity in real property which he or she owns, provided that no charge is made to the defendant or any other person for the giving as security of any equity in real property. A hearing, at which witnesses may be called or examined, shall be held before the magistrate to determine the value of the equity and if the magistrate finds that the value of the equity is equal to twice the amount of the cash deposit required he or she shall allow the bail. The clerk shall, under order of the court, when occasion arises therefor, sell the bonds or the equity and apply the proceeds of the sale in the manner that a deposit of cash may be required to be applied. The county treasurer shall, upon request of the judge, keep the deposit and return it to the clerk on order of the judge.

City and county regulatory authority 

Insurance              1800.6

1800.6. This chapter shall not limit the power of any city or county to enact other and further regulations concerning, and not in conflict with, the provisions of this chapter.

Defined; admission of bail

Penal                      1268

1268. Admission to bail is the order of a competent Court or magistrate that the defendant be discharged from actual custody upon bail.

Defined; violent felony 

Penal                      1319

1319. (a) No person arrested for a violent felony, as described in subdivision (c) of Section 667.5, may be released on his or her own recognizance until a hearing is held in open court before the magistrate or judge, and until the prosecuting attorney is given notice and a reasonable opportunity to be heard on the matter. In all cases, these provisions shall be implemented in a manner consistent with the defendant's right to be taken before a magistrate or judge without unreasonable delay pursuant to Section 825. (b) A defendant charged with a violent felony, as described in subdivision (c) of Section 667.5, shall not be released on his or her own recognizance where it appears, by clear and convincing evidence, that he or she previously has been charged with a felony offense and has willfully and without excuse from the court failed to appear in court as required while that charge was pending. In all other cases, in making the determination as to whether or not to grant release under this section, the court shall consider all of the following: (1) The existence of any outstanding felony warrants on the defendant. (2) Any other information presented in the report prepared pursuant to Section 1318.1. The fact that the court has not received the report required by Section 1318.1, at the time of the hearing to decide whether to release the defendant on his or her own recognizance, shall not preclude that release. (3) Any other information presented by the prosecuting attorney. (c) The judge or magistrate who, pursuant to this section, grants or denies release on a person's own recognizance, within the time period prescribed in Section 825, shall state the reasons for that decision in the record. This statement shall be included in the court's minutes. The report prepared by the investigative staff pursuant to subdivision (b) of Section 1318.1 shall be placed in the court file for that particular matter.

Definitions; application of Insurance Code

Title 10                  2053.1

2053. Application; Construction
This article as amended is applicable to all applications for licenses filed after the
effective date of such amendments, to all transactions or severable portions thereof
occurring thereafter and to the keeping of all records pertaining to such transactions or
severable portions thereof. All such applications filed prior thereto and all transactions
or severable portions hereof occurring prior thereto and the keeping of records
pertaining thereto shall be governed by the provisions of this article which were in effect
prior to such date. Insofar as the provisions of this article are substantially the same as
the provisions of this article as it read prior to said effective date, they shall be
construed as restatements and continuations thereof and not as new provisions.
Note: Authority cited for Article 2 (2053-2104, inclusive), Section 1812,
Insurance Code. Reference: Sections 1800-1822, California Insurance Code.
History
1. Repealer of Article 2 (2055-2102, inclusive) filed 11-30-53, designated
effective 1-1-54; new Article 2 (2053-2104, inclusive) filed 11-30-53,
designated effective 12-1-53 as therein specified (Register 53, No. 22).
2. Repealer of 2053,2053.1 and 2053.2 filed 12-11-53 as an emergency;
designated effective 1-1-54; new 2053, 2053.1 and 2053.2 filed 12-11-53 as
an emergency; designated effective 1-1-54 (Register 53, No. 22).
3. Repealer of Article 2 (Sections 2053-2104) and new Article 2 (Sections
2053-2104) filed 9-12-77; effective thirtieth day thereafter (Register 77,
No. 38).

2053.1. Past Violations; Power of Commissioner
Insofar as the provisions of this article are new provisions, their promulgation shall not
preclude the commissioner from taking such action as is permitted law for acts or
omissions which occurred prior to the effective date these amendments.

Policy; defined

Insurance              380

380. The written instrument, in which a contract of insurance is set forth, is the policy.

Policy; specify 

Insurance              381

381. A policy shall specify: (a) The parties between whom the contract is made. (b) The property or life insured. (c) The interest of the insured in property insured, if he is not the absolute owner thereof. (d) The risks insured against. (e) The period during which the insurance is to continue. (f) Either: (1) A statement of the premium, or (2) If the insurance is of a character where the exact premium is only determinable upon the termination of the contract, a statement of the basis and rates upon which the final premium is to be determined and paid.

Taking of bail; defined

Penal                      1269

1269. The taking of bail consists in the acceptance, by a competent court or magistrate, of the undertaking of sufficient bail for the appearance of the defendant, according to the terms of the undertaking, or that the bail will pay to the people of this state a specified sum. Upon filing, the clerk shall enter in the register of actions the date and amounts of such bond and the name or names of the surety or sureties thereon. In the event of the loss or destruction of such bond, such entries so made shall be prima facie evidence of the due execution of such bond as required by law. Whenever any bail bond has been deposited in any criminal action or proceeding in a municipal or superior court or in any proceeding in habeas corpus in a superior court, and it is made to appear to the satisfaction of the court by affidavit or by testimony in open court that more than three years have elapsed since the exoneration or release of said bail, the court must direct that such bond be destroyed.

Transact; defined   

Insurance              35

35. "Transact" as applied to insurance includes any of the following: (a) Solicitation. (b) Negotiations preliminary to execution. (c) Execution of a contract of insurance. (d) Transaction of matters subsequent to execution of the contract and arising out of it.

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Updated: 03/03/2010


 
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Bondsman-Owner


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