California Bail Bonds Law: Forms & Documents

California Bail law: notices, forms and documents as required by 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 (as related to bail) for the undertaking of bail bonds. Required documents for bail transactions, the defendant, guarantor, courts, bail bondsman and surety companies. Tonya Page Bail Bonds is not responsible for omissions or errors, for further clarification please visit my online privacy policy statement.

Agreements; guarantor; delivery; notices

Title 10

2084

Arrestee; tender of documents

Title 10

2099

Bail transactions; written statements; contents; delivery

Title 10

2083

Bail undertaking; number of sureties; form

Penal

1278

Bond; execution of

Penal

1276

Delivery; guarantor agreements; notices

Title 10

2084

Delivery; statements of bail transactions; contents

Title 10

2083

Document; filed; use of

Title 10

2102

Execution of bond or undertaking

Penal

1276

Filed documents; use of

Title 10

2102

Filed forms; use of

Title 10

2102

Form of the undertaking

Penal

1316

Form; undertaking of bail

Penal

1287

Form; undertaking of bail; number of sureties

Penal

1278

Forms; filed; use of

Title 10

2102

Forms; improper; notice

Title 10

2096

Insurers; surety; undertakings by

Penal

1459

Notice; improper forms

Title 10

2096

Notices; delivery of guarantor agreements

Title 10

2084

Number of sureties; undertaking for bail; form

Penal

1287

Securities; delivery to applicant; application for return; form contents

Insurance

1802.73/1082.77

Sureties; number

Penal

1287

Sureties; number; bail undertaking; form

Penal

1278

Surety insurers; admitted; undertakings by

Penal

1459

Surety; notice to; declaration of forfeiture

Penal

1305

Agreements; guarantor; delivery; notices

Title 10                  2084

See also Bail Negotiation & Fees & Required Disclosures

2084. Guarantor Agreements; Delivery; Notices
All guarantor agreements shall be in writing, or reduced to writing as soon as possible
after consummation. If any person acts as a guarantor, a copy of the guarantor's
agreement shall be delivered to him promptly upon his execution thereof. No bail
licensee shall enforce any such agreement without disclosing to the guarantor all
collateral held by such licensee indemnifying the bond to which the agreement relates,
and the identity of all other guarantors thereof, if any.

Arrestee; tender of documents

Title 10                  2099

See also Bail Negotiation & Fees

2099. Documents; Tender to Arrestee or Representative
Every bail licensee shall tender a copy of any document which is executed by any
person with whom bail is negotiated to such person at the time of the execution thereof.

Bail transactions; written statements; contents; delivery 

Title 10                  2083

See also Records Retention

2083. Written Statements of Bail Transactions; Contents; Delivery
Every bail licensee shall, at the time of obtaining the release of an arrestee on bail or
immediately thereafter, deliver to such arrestee or, if the negotiations concerning the
bail were not with the arrestee, to the principal person with whom such negotiations
were had, a numbered document containing the following information:
(a) If an undertaking of bail, the name of the surety insurer.
(b) The name and address of the bail licensee.
(c) The name of the arrestee.
(d) The date of release of the arrestee.
(e) The date, time and place of the arrestee's required appearance.
(f) The amount of bail.
(g) The offenses with which the arrestee is charged.
(h) The premium if an undertaking of bail, or the charge if a bail bond.
(I) An itemization of all actual expenses described in Section 2081 (c) and
(d), supported by vouchers and receipts, or true copies thereof.
(j) The total amount of all charges.
k) The amount received on account.
(l) The unpaid balance, if any.
(m) A description of and receipt for any collateral received and a statement
of any conditions relating thereto including a copy of any written agreement
executed in connection therewith.

Bail undertaking; number of sureties; form

Penal                      1278

See also Surety Company

1278. (a) Bail is put in by a written undertaking, executed by two sufficient sureties (with or without the defendant, in the discretion of the magistrate), and acknowledged before the court or magistrate, in substantially the following form: An order having been made on the ____ day of ____, 20__, by ____, a judge of the ____ Court of ____ County, that ____ be held to answer upon a charge of (stating briefly the nature of the offense), upon which he or she has been admitted to bail in the sum of ____ dollars ($____); we, ____ and ____, of ____ (stating their place of residence and occupation), hereby undertake that the above-named ____ will appear and answer any charge in any accusatory pleading based upon the acts supporting the charge above mentioned, in whatever court it may be prosecuted, and will at all times hold himself or herself amenable to the orders and process of the court, and if convicted, will appear for pronouncement of judgment or grant of probation, or if he or she fails to perform either of these conditions, that we will pay to the people of the State of California the sum of ____ dollars ($____) (inserting the sum in which the defendant is admitted to bail). If the forfeiture of this bond be ordered by the court, judgment may be summarily made and entered forthwith against the said (naming the sureties), and the defendant if he or she be a party to the bond, for the amount of their respective undertakings herein, as provided by Sections 1305 and 1306. (b) Every undertaking of bail shall contain the bail agent license number of the owner of the bail agency issuing the undertaking along with the name, address, and phone number of the agency, regardless of whether the owner is an individual, partnership, or corporation. The bail agency name on the undertaking shall be a business name approved by the Insurance Commissioner for use by the bail agency owner, and be so reflected in the public records of the commissioner. The license number of the bail agent appearing on the undertaking shall be in the same type size as the name, address, and phone number of the agency.

Bond; execution of 

Penal                      1276

1276. (a) A bail bond or undertaking of bail of an admitted surety insurer shall be accepted or approved by a court or magistrate without further acknowledgment if executed by a licensed bail agent of the insurer under penalty of perjury and issued in the name of the insurer by a person authorized to do so by an unrevoked power of attorney on file in the office of the clerk of the county in which the court or magistrate is located. (b) One person may both execute and issue the bail bond or undertaking of bail if qualified as provided in this section.

Document; filed; use of

Title 10                  2102

2102. Use of Filed Documents and Forms
Except as provided in Sections 2101.1 to 2101.3, inclusive, every bail agent and
permittee shall use the forms and documents filed, directly or by reference, by him with
the commissioner as an individual and shall be individually responsible for the proper
entries in and the retention of all books and records.

Form of the undertaking 

Penal                      1316

1316. When bail is taken upon the recommitment of the defendant, the undertaking must be in substantially the following form: An order having been made on the ____ day of ____, A.D. eighteen ____, by the Court (naming it), that A.B. be admitted to bail in the sum of ____ dollars, in an action pending in that Court against him in behalf of the people of the State of California, upon an (information, presentment, indictment, or appeal, as the case may be), we, C.D. and E.F., of (stating their places of residence and occupation), hereby undertake that the above named A. B. will appear in that or any other Court in which his appearance may be lawfully required upon that (information, presentment, indictment, or appeal, as the case may be), and will at all times render himself amenable to its orders and process, and appear for judgment and surrender himself in execution thereof; or if he fails to perform either of these conditions, that we will pay to the people of the State of California the sum of ____ dollars (insert the sum in which the defendant is admitted to bail).

Forms; improper; notice 

Title 10                  2096

See also Insurance Commissioner

2096. Improper Forms; Notice
If the commissioner finds that any form or document, the filing of which is required by
Section 2095 (k), is misleading or contrary to any provision of this article or any law
relating to bail, he shall notify the bail licensee specifying wherein such form or
document is misleading or contrary to any provision of this article or any law relating to
bail. Thereafter such bail licensee may not use such form or document. If such
notification is not given to such licensee within 30 days after the filing of such form or
document, the commissioner shall prescribe a reasonable time after which such form or
document may not be used.

Insurers; surety; undertakings by

Penal                      1459

See also Surety Company

1459. Undertakings of bail filed by admitted surety insurers shall meet all other requirements of law and the obligation of the insurer shall be in the following form except to the extent a different form is otherwise provided by statute: ____ (stating the title and the location of the court). Defendant ____ (stating the name of the defendant) having been admitted to bail in the sum of ____ dollars ($____) (stating the amount of bail fixed) and ordered to appear in the above-entitled court on ____, 19__ (stating the date for appearance in court), on ____ (stating only the word "misdemeanor" or the word "felony") charge/s; Now, the ____ (stating the name of admitted surety insurer and state of incorporation) hereby undertakes that the above-named defendant will appear in the above-named court on the date above set forth to answer any charge in any accusatory pleading based upon the acts supporting the complaint filed against him/her and all duly authorized amendments thereof, in whatever court it may be prosecuted, and will at all times hold him/herself amenable to the orders and process of the court and, if convicted, will appear for pronouncement of judgment or grant of probation or if he/she fails to perform either of these conditions, that the ____ (stating the name of admitted surety insurer and state of incorporation) will pay to the people of the State of California the sum of ____ dollars ($____) (stating the amount of the undertaking of the admitted surety insurer). If the forfeiture of this bond be ordered by the court, judgment may be summarily made and entered forthwith against the said ____ (stating the name of admitted surety insurer and state of incorporation) for the amount of its undertaking herein, as provided by Sections 1305 and 1306 of the California Penal Code. ____________________________________________________ (Stating the name of admitted surety insurer and state of incorporation), (Signature) By _________________________________________________ Attorney-in-fact (Corporate seal) (Jurat of notary public or other officer authorized to administer oaths.)

Securities; delivery to applicant; application for return; form contents

Insurance              1802.73/1802.77

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.

1802.77. If the commissioner is satisfied from the application and the examination of the books and records of the applicant that the applicant has, in fact, complied with the representations made in his application, the commissioner shall deliver to the applicant the securities deposited; provided, however, the commissioner shall not deliver the securities to the applicant prior to the expiration of three years after the latest date on which a bond was issued or written by the applicant.

More California Bail Bonds Resources

 


Updated: 03/03/2010


 
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Bondsman-Owner


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