SECTIONS 72301-72304 - California Statutes

GOVERNMENT CODE

SECTION 72301-72304

72301. The clerk of the superior court or one or more deputy
clerks, the sheriff or one or more deputy sheriffs, or one or more
city police officers shall be in attendance at all hours of the day
and night, including Sundays and holidays, and may fix and accept
bail pursuant to procedures established by the court for the
appearance before the court of any defendant charged in the court or
whenever a defendant has been arrested and booked within the county
for having committed a misdemeanor. The amount of bail shall be
pursuant to a schedule of bail in such cases previously fixed and
approved by the judges of the court at their annual meeting. If a
warrant has been issued for the arrest of the defendant, the bail
shall be in the amount fixed in the warrant. The bail shall be cash,
negotiable United States Treasury bonds, or a surety bond executed by
a certified, admitted surety insurer as provided in the Insurance
Code.

72302. If a defendant has been arrested for felony upon a warrant
issued by a judge of that court, the clerk may, under like
conditions, accept bail in the amount fixed in the warrant.

72303. The authority to accept bail provided for in this article
includes authority to approve it, to issue and sign an order for the
release of the defendant, and to set a time and place for the
appearance of the defendant before the appropriate department or
judge of such court and give the defendant notice.

72304. Any commissioner or traffic referee of such court may
exercise all of the powers and duties provided for in this article
for the clerk relating to bail and the discharge of defendants under
bail, and the authority to fix the amount of bail in cases of
misdemeanor defined in the Vehicle Code and to endorse it upon the
notice for the appearance of the defendant as provided by Section
40511 of the Vehicle Code. Nothing in this article shall be construed
to reduce or limit the powers or authority of such commissioners or
traffic referees otherwise provided by law.