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AB-521 Bail.(2011-2012)

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CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 521


Introduced  by  Assembly Member Hagman

February 15, 2011


An act to amend Section 1269 of the Penal Code, relating to bail.


LEGISLATIVE COUNSEL'S DIGEST


AB 521, as introduced, Hagman. Bail.
Existing law provides for the discharge from actual custody of a defendant upon the taking of bail. 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.
This bill would make technical, nonsubstantive changes to these provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1269 of the Penal Code is amended to read:

1269.
 (a) 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 the bond and the name or names of the surety or sureties thereon. In the event of the loss or destruction of such the bond, such the entries so made shall be prima facie evidence of the due execution of such the bond as required by law.

Whenever

(b) 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 the bail, the court must direct that such the bond be destroyed.