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AB-1347 Bail: premiums.(2021-2022)

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Date Published: 02/19/2021 09:00 PM
AB1347:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1347


Introduced by Assembly Member Jones-Sawyer
(Coauthor: Senator Hertzberg)

February 19, 2021


An act to add Section 1276.1 to the Penal Code, relating to bail.


LEGISLATIVE COUNSEL'S DIGEST


AB 1347, as introduced, Jones-Sawyer. Bail: premiums.
Existing law provides for the procedure of approving and accepting bail, and issuing an order for the appearance and release of an arrested person. Existing law generally regulates the undertaking of bail and the licensing of bail agents and bail solicitors by the Insurance Commissioner.
This bill would, on and after January 1, 2022, prohibit an insurer, bail agent, or other bail licensee from entering into a contract, agreement, or undertaking of bail which requires the payment of more than one premium for the duration of the agreement, and would require the duration of the agreement to be until bail is exonerated. The bill would also prohibit an insurer, bail agent, or other bail licensee from charging, collecting, or receiving a renewal premium in connection with a contract, agreement, or undertaking of bail after that date. The bill would additionally make an insurer, bail agent, or other bail licensee liable to the person affected by a violation of this section for all damages which that person sustains plus $3,000 in statutory damages, and court costs and reasonable attorney’s fees, as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 1276.1 is added to the Penal Code, to read:

1276.1.
 (a) On and after January 1, 2022, no insurer, bail agent, or other bail licensee shall enter into a contract, agreement, or undertaking of bail which requires the payment of more than one premium for the duration of the agreement, and the duration of the agreement shall be until bail is exonerated. On and after January 1, 2022, no insurer, bail agent, or other bail licensee, shall charge, collect, or receive a renewal premium in connection with a contract, agreement, or undertaking of bail.
(b) The violation of this section by an insurer, bail agent, or other bail licensee shall make the violator liable to the person affected by the violation for all damages which that person may sustain by reason of the violation plus statutory damages in the sum of three thousand dollars ($3,000). Any person affected by a violation of this section shall be entitled, if they prevail, to recover court costs and reasonable attorney’s fees as determined by the court in any action brought to enforce this section.