Existing law specifies the procedures for the forfeiture and exoneration of a bail bond, including requiring a court to direct the order of forfeiture to be vacated and the bond exonerated if the defendant appears in court within 180 days of the date of forfeiture or within 180 days of the date of mailing of a specified notice, if required. Existing law requires a court to vacate the forfeiture and exonerate the bond if the defendant is arrested on the underlying case or surrendered by the bail outside the county where the case is located.

This bill would authorize a court, in its discretion, to vacate the forfeiture and exonerate the bond if a person appears in court after the 180-day period ends if the person was arrested on the same case within the county where the case is located during the 180-day period and has been in continuous custody from the time of arrest until his or her appearance in court. The bill would authorize, upon showing of good cause and within 20 days from the mailing of notice of entry of judgment, the filing of a motion to vacate the forfeiture and exonerate the bond where the defendant is secured outside the county where the case is filed, as provided above. The bill would require written notice to the prosecuting agency at least 10 court days before a hearing regarding either of these motions.