SECTIONS 1300-1304 - California Statutes

PENAL CODE

SECTION 1300-1304

1300. (a) At any time before the forfeiture of their undertaking,
or deposit by a third person, the bail or the depositor may surrender
the defendant in their exoneration, or he may surrender himself, to
the officer to whose custody he was committed at the time of giving
bail, in the following manner:
(1) A certified copy of the undertaking of the bail, a certified
copy of the certificate of deposit where a deposit is made, or an
affidavit given by the bail licensee or surety company listing all
that specific information that would be included on a certified copy
of an undertaking of bail, must be delivered to the officer who must
detain the defendant in his custody thereon as upon a commitment, and
by a certificate in writing acknowledge the surrender.
(2) The bail or depositor, upon surrendering the defendant, shall
make reasonable effort to give notice to the defendant's last
attorney of record, if any, of such surrender.
(3) The officer to whom the defendant is surrendered shall, within
48 hours of the surrender, bring the defendant before the court in
which the defendant is next to appear on the case for which he has
been surrendered. The court shall advise the defendant of his right
to move the court for an order permitting the withdrawal of any
previous waiver of time and shall advise him of the authority of the
court, as provided in subdivision (b), to order return of the premium
paid by the defendant or other person, or any part of it.
(4) Upon the undertaking, or certificate of deposit, and the
certificate of the officer, the court in which the action or appeal
is pending may, upon notice of five days to the district attorney of
the county, with a copy of the undertaking, or certificate of
deposit, and the certificate of the officer, order that the bail or
deposit be exonerated. However, if the defendant is released on his
own recognizance or on another bond before the issuance of such an
order, the court shall order that the bail or deposit be exonerated
without prejudice to the court's authority under subdivision (b). On
filing the order and papers used on the application, they are
exonerated accordingly.
(b) Notwithstanding subdivision (a), if the court determines that
good cause does not exist for the surrender of a defendant who has
not failed to appear or has not violated any order of the court, it
may, in its discretion, order the bail or the depositor to return to
the defendant or other person who has paid the premium or any part of
it, all of the money so paid or any part of it.

1301. For the purpose of surrendering the defendant, the bail or
any person who has deposited money or bonds to secure the release of
the defendant, at any time before such bail or other person is
finally discharged, and at any place within the state, may himself
arrest defendant, or by written authority indorsed on a certified
copy of the undertaking or a certified copy of the certificate of
deposit, may empower any person of suitable age to do so.
Any bail or other person who so arrests a defendant in this state
shall, without unnecessary delay, and, in any event, within 48 hours
of the arrest, deliver the defendant to the court or magistrate
before whom the defendant is required to appear or to the custody of
the sheriff or police for confinement in the appropriate jail in the
county or city in which defendant is required to appear. Any bail or
other person who arrests a defendant outside this state shall,
without unnecessary delay after the time defendant is brought into
this state, and, in any event, within 48 hours after defendant is
brought into this state, deliver the defendant to the custody of the
court or magistrate before whom the defendant is required to appear
or to the custody of the sheriff or police for confinement in the
appropriate jail in the county or city in which defendant is required
to appear.
Any bail or other person who willfully fails to deliver a
defendant to the court, magistrate, sheriff, or police as required by
this section is guilty of a misdemeanor.
The provisions of this section relating to the time of delivery of
a defendant are for his benefit and, with the consent of the bail,
may be waived by him. To be valid, such waiver shall be in writing,
signed by the defendant, and delivered to such bail or other person
within 48 hours after the defendant's arrest or entry into this
state, as the case may be. The defendant, at any time and in the same
manner, may revoke said waiver. Whereupon, he shall be delivered as
provided herein without unnecessary delay and, in any event within 48
hours from the time of such revocation.
If any 48-hour period specified in this section terminates on a
Saturday, Sunday, or holiday, delivery of a defendant by a bail or
other person to the court or magistrate or to the custody of the
sheriff or police may, without violating this section, take place
before noon on the next day following which is not a Saturday,
Sunday, or holiday.

1302. If money has been deposited instead of bail, and the
defendant, at any time before the forfeiture thereof, surrenders
himself or herself to the officer to whom the commitment was
directed, in the manner provided in Sections 1300 and 1301, the court
shall order a return of the deposit to the defendant or to the
person or persons found by the court to have deposited said money on
behalf of the defendant, upon the production of the certificate of
the officer showing the surrender, and upon a notice of five days to
the district attorney, with a copy of the certificate.

1303. If an action or proceeding against a defendant who has been
admitted to bail is dismissed, the bail shall not be exonerated until
a period of 15 days has elapsed since the entry of the order of
dismissal. If, within such period, the defendant is arrested and
charged with a public offense arising out of the same act or omission
upon which the action or proceeding was based, the bail shall be
applied to the public offense. If an undertaking of bail is on file,
the clerk of the court shall promptly mail notice to the surety on
the bond and the bail agent who posted the bond whenever the bail is
applied to a public offense pursuant to this section.

1304. Any bail, or moneys or bonds deposited in lieu of bail, or
any equity in real property as security in lieu of bail, or any
agreement whereby the defendant is released on his or her own
recognizance shall be exonerated two years from the effective date of
the initial bond, provided that the court is informed in writing at
least 60 days prior to 2 years after the initial bond of the fact
that the bond is to be exonerated, or unless the court determines
otherwise and informs the party executing the bail of the reasons
that the bail is not exonerated.