Miscellaneous California Bail Bonds Laws & Regulations

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

Auto Insurance; exempt transactions

Insurance

1800.5

Bail deposits; vehicle code

Penal

1306.1

Bail on order for recommitment; qualifications; procedure

Penal

1317

Capital offense; delivery of defendant into custody

Penal

1285

Commitment for non appearance for judgment

Penal

1313

Conduct

Insurance

1736

Conviction; verdict of; proceedings

Penal

1166

Custody; delivery of defendant; capital offense

Penal

1285

Defendant; delivery into custody; capital offense

Penal

1285

Delivery; undertakings  of bail

Title 10

2086

Deposits; securities in lieu of bond

Insurance

1802.7

Distribution of funds; fines; forfeitures

Penal

1463

Execution of bail bonds by individuals

Insurance

1800.7

Federal employer ID number; providing to Commissioner

Insurance

1666.5

Identification number; providing to Commissioner

Insurance

1666.5

Local authority

Insurance

1800.6

Local authority

Title 10

2075

Order for recommitment bail; qualifications

Penal

1317

Order of recommitment; contents

Penal

1311

Payment of bail deposits in cases under vehicle code

Penal

1306.1

Permits; required

Insurance

1800.8

Progress reports; hearing by court; diversion

Penal

1000.2

Remittance; fiduciary funds

Insurance

1734

Securities; deposited in lieu of bond

Insurance

1802.7

Substitution of bond for securities

Insurance

1802.71

Vehicle code; payment of bail deposits

Penal

1306.1

Auto Insurance; exempt transactions

Insurance              1800.5

1800.5. This chapter shall not affect the negotiation through a licensed broker or agent for, nor the execution or delivery of an undertaking of bail, executed by an insurer for its insured under a policy of automobile insurance or of liability insurance upon the automobile of the insured, nor shall this chapter affect the negotiation for, or the execution or delivery of an undertaking of bail or bail bond which is authorized by Part 5, Division 2 of this code.

Bail deposits; vehicle code

Penal                      1306.1

1306.1. The provisions of Sections 1305 and 1306 shall not affect the payment of bail deposits into the city or county treasury, as the case may be, pursuant to Section 40512 of the Vehicle Code in those cases arising under Section 40500 of the Vehicle Code.

Bail on order for recommitment; qualifications; procedure 

Penal                      1317

1317. The bail must possess the qualifications, and must be put in, in all respects, in the manner prescribed in Article II of this Chapter.

Capital offense; delivery of defendant into custody

Penal                      1285

1285. If the offense charged is punishable with death, the officer arresting the defendant must deliver him into custody, according to the command of the bench warrant.

Commitment for non appearance for judgment 

Penal                      1313

See also Failure to Appear & Fugitives

1313. If the order recites, as the ground upon which it is made, the failure of the defendant to appear for judgment upon conviction, the defendant must be committed according to the requirement of the order.

Conduct

Insurance              1736

1736. If any acts are forbidden or conduct prescribed by any provisions of this code, such acts shall not be performed and such conduct shall be followed by both the organization and by any person named to exercise the power and perform the duties under any license issued to such organization.

Conviction; verdict of; proceedings 

Penal                      1166

1166. If a general verdict is rendered against the defendant, or a special verdict is given, he or she must be remanded, if in custody, or if on bail he or she shall be committed to the proper officer of the county to await the judgment of the court upon the verdict, unless, upon considering the protection of the public, the seriousness of the offense charged and proven, the previous criminal record of the defendant, the probability of the defendant failing to appear for the judgment of the court upon the verdict, and public safety, the court concludes the evidence supports its decision to allow the defendant to remain out on bail. When committed, his or her bail is exonerated, or if money is deposited instead of bail it must be refunded to the defendant or to the person or persons found by the court to have deposited said money on behalf of said defendant.

Delivery; undertakings of bail 

Title 10                  2086

2086. Undertakings of Bail; Delivery; Compliance
No bail licensee shall deliver an undertaking of bail which does not comply with all of
the provisions of Section 381 of the Insurance Code.

Deposits; securities in lieu of bond   

Insurance              1802.7

1802.7. Any applicant may deposit with the commissioner, in lieu of a bond required by this chapter, securities of the kind and character set forth in sections 1170 to 1175, and 1179 to 1240, in a sum not less than the required amount of the penal sum of said bond. Such securities shall be held in trust by the commissioner for the fulfillment of the same terms and conditions as in the case of a bond required by section 1802.5.

Execution of bail bonds by individuals

Insurance              1800.7

1800.7. Any individual person may execute or furnish a bail bond if no consideration is paid or allowed, directly or indirectly, by any person for the execution or furnishing thereof, provided such person does not in connection with such execution or furnishing violate Section 1800.75.

Federal employer ID number; providing to Commissioner 

Insurance              1666.5

1666.5. (a) Notwithstanding any other provision of law, the commissioner shall at the time of issuance or renewal of any license under this chapter or Chapter 6 (commencing with Section 1760), Chapter 7 (commencing with Section 1800), or Chapter 8 (commencing with Section 1831) require that any licensee provide its federal employer identification number if the licensee is a partnership or his or her social security number for all others. (b) Any licensee failing to provide the federal identification number or social security number shall be reported by the commissioner to the Franchise Tax Board and, if failing to provide after notification pursuant to paragraph (1) of subdivision (b) of Section 19528 of the Revenue and Taxation Code, shall be subject to the penalty provided in paragraph (2) of subdivision (b) of Section 19528 of the Revenue and Taxation Code. (c) The commissioner shall, upon request of the Franchise Tax Board, furnish to the board all of the following information with respect to every licensee: (1) Licensee's name. (2) Address or addresses of record. (3) Federal employer identification number if the entity is a partnership or owner's name and social security number for all others. (4) Type of license. (5) Effective date of license or a renewal. (6) Expiration date of license. (7) Whether license is active or inactive, if known. (8) Whether license is new or a renewal. (d) For the purposes of this section: (1) "Licensee" means any entity, other than a corporation, authorized by a license, certificate, registration, or other means to engage in the insurance business regulated by this code. (2) "License" includes a certificate, registration, or any other authorization needed to engage in the insurance business regulated by this code. (e) The reports required under this section shall be filed on magnetic media or in other machine-readable form, according to standards furnished by the Franchise Tax Board. (f) The commissioner shall begin providing to the Franchise Tax Board the information required by this section as soon as economically feasible, but no later than July 1, 1987. The information shall be furnished at a time that the Franchise Tax Board may require. (g) Notwithstanding Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code, the information furnished pursuant to this section shall not be deemed to be a public record and shall not be open to the public for inspection. (h) Any deputy, agent, clerk, officer, or employee of the commissioner, or any former officer or employee or other individual who in the course of his or her employment or duty has or has had access to the information required to be furnished under this section, shall not disclose or make known in any manner that information, except as provided in this section to the Franchise Tax Board. (i) It is the intent of the Legislature in enacting this section to utilize the social security account number or federal employer identification number for the purpose of establishing the identification of persons affected by state tax laws and, to that end, the information furnished pursuant to this section shall be used exclusively for tax enforcement purposes.

Local 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.

Local authority 

Title 10                  2075

2075. Regulations of Public Authority; Compliance
Every bail licensee shall fully comply with every rule, regulation or ordinance issued by
a proper public authority governing the conduct of persons in or about any prison, jail or
other place of detention of persons, court or public institution connected with the
administration of justice. This section shall not be construed to authorize any act
constituting a violation of any other section of this article which is done pursuant to any
rule, regulation or ordinance that is merely permissive in its nature.

Order of recommitment; contents

Penal                      1311

1311. The order for the recommitment of the defendant must recite generally the facts upon which it is founded, and direct that the defendant be arrested by any sheriff, marshal, or policeman in this state, and committed to the officer in whose custody he or she was at the time he or she was admitted to bail, to be detained until legally discharged.

Permits; required 

Insurance              1800.8

1800.8. The permits required by this chapter are in addition to any and all other permits or licenses required by law.

Progress reports; hearing by court; diversion

Penal                      1000.2

1000.2. The court shall hold a hearing and, after consideration of any information relevant to its decision, shall determine if the defendant consents to further proceedings under this chapter and if the defendant should be granted deferred entry of judgment. If the court does not deem the defendant a person who would be benefited by deferred entry of judgment, or if the defendant does not consent to participate, the proceedings shall continue as in any other case. At the time that deferred entry of judgment is granted, any bail bond or undertaking, or deposit in lieu thereof, on file by or on behalf of the defendant shall be exonerated, and the court shall enter an order so directing. The period during which deferred entry of judgment is granted shall be for no less than 18 months nor longer than three years. Progress reports shall be filed by the probation department with the court as directed by the court.

Remittance; fiduciary funds

Insurance              1734

1734. This section applies to any person licensed, whether under a permanent license, restricted license, temporary license, or certificate of convenience, to act in any of the capacities specified in Section 1733. If fiduciary funds, as defined in Section 1733, are received by such person, he shall: (a) Remit premiums, less commissions, and return premiums received or held by him to the insurer or the person entitled thereto, or (b) Maintain such fiduciary funds on California business at all times in a trustee bank account or depository in California separate from any other account or depository, in an amount at least equal to the premiums and return premiums, net of commissions, received by him and unpaid to the persons entitled thereto or, at their direction or pursuant to written contract, for the account of such persons. As used in this section, "trustee bank account or depository" includes but is not limited to a checking account, demand account, or savings account, each of which shall be designated as a trust account. However, such person may commingle with such fiduciary funds in such account or depository such additional funds as he may deem prudent for the purpose of advancing premiums, establishing reserves for the paying of return commissions or for such contingencies as may arise in his business of receiving and transmitting premium or return premium funds, or (c) Maintain such fiduciary funds pursuant to Section 1734.5.

Substitution of bond for securities

Insurance              1802.71

1802.71. The holder, or former holder of a bail license, who has deposited with the commissioner securities in lieu of a bond as provided by Section 1802.7, may at any time substitute therefor a bond complying with the requirements of Section 1802, 1802.5, or 1803, as the case may be. Such a bond must embrace all liability theretofore existing or which may thereafter be incurred for the fulfillment of which the securities have been held, whether reported or unreported. The substitution of such a bond for securities shall be conditioned upon the approval of the commissioner. Upon receiving such approval and the filing of the bond, the applicant shall be permitted to withdraw the securities theretofore deposited on his behalf.

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Updated: 03/03/2010


 
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