CHAPTER 1. Bail [1268. - 1320.5.]
Chapter 1 enacted 1872.
§§ 1268–1320.5 · 82 sections
ARTICLE 1. In What Cases the Defendant May Be Admitted to Bail §§ 1268–1276.5 · 19 sections
- § 1268 Admission to bail is the order of a competent Court or magistrate that the defendant be discharged from actual custody upon bail.
- § 1269 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,…
- § 1269a Except as otherwise provided by law, no defendant charged in a warrant of arrest with any public offense shall be discharged from custody upon bail except upon…
- § 1269b (a) The officer in charge of a jail in which an arrested person is held in custody, an officer of a sheriff’s department or police department of a city who is…
- § 1269c If a defendant is arrested without a warrant for a bailable felony offense or for the misdemeanor offense of violating a domestic violence restraining order,…
- § 1270 (a) Any person who has been arrested for, or charged with, an offense other than a capital offense may be released on his or her own recognizance by a court or…
- § 1270.1 (a) Except as provided in subdivision (e), before a person who is arrested for any of the following crimes may be released on bail in an amount that is either…
- § 1270.2 When a person is detained in custody on a criminal charge prior to conviction for want of bail, that person is entitled to an automatic review of the order…
- § 1270.5 A defendant charged with an offense punishable with death cannot be admitted to bail, when the proof of his or her guilt is evident or the presumption thereof…
- § 1271 If the charge is for any other offense, he may be admitted to bail before conviction, as a matter of right.
- § 1272 After conviction of an offense not punishable with death or life without the possibility of parole, a defendant who has made application for probation or who…
- § 1272.1 Release on bail pending appeal under subdivision (3) of Section 1272 shall be ordered by the court if the defendant demonstrates all the following: (a) By…
- § 1273 If the offense is bailable, the defendant may be admitted to bail before conviction: First—For his appearance before the magistrate, on the examination of the…
- § 1274 When the admission to bail is a matter of discretion, the Court or officer to whom the application is made must require reasonable notice thereof to be given…
- § 1275 (a) (1) In setting, reducing, or denying bail, a judge or magistrate shall take into consideration the protection of the public, the seriousness of the offense…
- § 1275.1 (a) Bail, pursuant to this chapter, shall not be accepted unless a judge or magistrate finds that no portion of the consideration, pledge, security, deposit,…
- § 1276 (a) A bail bond or undertaking of bail of an admitted surety insurer shall be accepted or approved by a court or magistrate without further acknowledgment if…
- § 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 that requires…
- § 1276.5 (a) At the time of an initial application to a bail bond licensee for a bail bond which is to be secured by a lien against real property, the bail bond…
ARTICLE 2. Bail Upon Being Held to Answer Before Indictment §§ 1277–1281a · 9 sections
- § 1277 When the defendant has been held to answer upon an examination for a public offense, the admission to bail may be by the magistrate by whom he is so held, or…
- § 1278 (a) Bail is put in by a written undertaking, executed by two sufficient sureties (with or without the defendant, in the discretion of the magistrate), and…
- § 1279 The qualifications of bail are as follows: 1. Each of them must be a resident, householder, or freeholder within the state; but the court or magistrate may…
- § 1280 The bail must in all cases justify by affidavit taken before the magistrate, that they each possess the qualifications provided in the preceding section. The…
- § 1280a All affidavits for the justification of bail shall set forth the amount of the bail undertaking, a notice that the affidavit shall constitute a lien upon the…
- § 1280b It shall be the duty of the judge or magistrate to file with the clerk of the court, within 24 hours after presentation to him or her, all affidavits for the…
- § 1280.1 (a) From the time of recording an affidavit for the justification of bail, the affidavit shall constitute an attachment lien governed by Sections 488.500,…
- § 1281 Upon the allowance of bail and the execution and approval of the undertaking, the magistrate must, if the defendant is in custody, make and sign an order for…
- § 1281a A judge of the superior court within the county, wherein a cause is pending against any person charged with a felony, may justify and approve bail in the said…
ARTICLE 3. Bail Upon an Indictment Before Conviction §§ 1284–1289 · 6 sections
- § 1284 When the offense charged is not punishable with death, the officer serving the bench warrant must, if required, take the defendant before a magistrate in the…
- § 1285 If the offense charged is punishable with death, the officer arresting the defendant must deliver him into custody, according to the command of the bench…
- § 1286 When the defendant is so delivered into custody he must be held by the Sheriff, unless admitted to bail on examination upon a writ of habeas corpus.
- § 1287 (a) The bail shall be put in by a written undertaking, executed by two sufficient sureties (with or without the defendant, in the discretion of the court or…
- § 1288 The provisions contained in sections 1279, 1280, 1280a and 1281, in relation to bail before indictment, apply to bail after indictment.
- § 1289 After a defendant has been admitted to bail upon an indictment or information, the Court in which the charge is pending may, upon good cause shown, either…
ARTICLE 4. Bail on Appeal §§ 1291–1292 · 2 sections
- § 1291 In the cases in which defendant may be admitted to bail upon an appeal, the order admitting him to bail may be made by any Magistrate having the power to issue…
- § 1292 The bail must possess the qualifications, and must be put in, in all respects, as provided in Article II of this Chapter, except that the undertaking must be…
ARTICLE 5. Deposit Instead of Bail §§ 1295–1298 · 4 sections
- § 1295 (a) The defendant, or any other person, at any time after an order admitting defendant to bail or after the arrest and booking of a defendant for having…
- § 1296 If the defendant has given bail, he may, at any time before the forfeiture of the undertaking, in like manner deposit the sum mentioned in the recognizance,…
- § 1297 When money has been deposited, a receipt shall be issued in the name of the depositor. If the money remains on deposit at the time of a judgment for the…
- § 1298 In lieu of a deposit of money, the defendant or any other person may deposit bonds of the United States or of the State of California of the face value of the…
ARTICLE 5.5. Bail Fugitive Recovery Persons Act §§ 1299–1299.12 · 12 sections
- § 1299 This article shall be known as the Bail Fugitive Recovery Persons Act.
- § 1299.01 (a) For purposes of this article, the following terms shall have the following meanings: (1) “Bail fugitive” means a defendant in a pending criminal case who…
- § 1299.02 (a) No person, other than a certified law enforcement officer, shall be authorized to apprehend, detain, or arrest a bail fugitive unless that person meets one…
- § 1299.04 (a) A bail fugitive recovery agent, bail agent, bail permittee, or bail solicitor who contracts their services to another bail agent or surety as a bail…
- § 1299.05 In performing a bail fugitive apprehension, an individual authorized by Section 1299.02 to apprehend a bail fugitive shall comply with all laws applicable to…
- § 1299.06 Before apprehending a bail fugitive, an individual authorized by Section 1299.02 to apprehend a bail fugitive shall have in his or her possession proper…
- § 1299.07 (a) An individual authorized by Section 1299.02 to apprehend a bail fugitive shall not represent themselves in any manner as being a sworn law enforcement…
- § 1299.08 (a) Except under exigent circumstances, an individual authorized by Section 1299.02 to apprehend a bail fugitive shall, prior to and no more than six hours…
- § 1299.09 An individual, authorized by Section 1299.02 to apprehend a bail fugitive shall not forcibly enter a premises except as provided for in Section 844.
- § 1299.10 An individual authorized by Section 1299.02 to apprehend a bail fugitive shall not carry a firearm or other weapon unless in compliance with the laws of the…
- § 1299.11 Any person who violates this act, or who conspires with another person to violate this act, or who hires an individual to apprehend a bail fugitive, knowing…
- § 1299.12 Nothing in this article is intended to exempt from licensure persons otherwise required to be licensed as private investigators pursuant to Chapter 11.3…
ARTICLE 6. Exoneration §§ 1300–1304 · 5 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
ARTICLE 7. Forfeiture of the Undertaking of Bail or of the Deposit of Money §§ 1305–1308 · 11 sections
- § 1305 (a) (1) A court shall in open court declare forfeited the undertaking of bail or the money or property deposited as bail if, without sufficient excuse, a…
- § 1305.1 If the defendant fails to appear for arraignment, trial, judgment, or upon any other occasion when his or her appearance is lawfully required, but the court…
- § 1305.2 If an assessment is made a condition of the order to set aside the forfeiture of an undertaking, deposit, or bail under Section 1305, the clerk of the court…
- § 1305.3 The district attorney, county counsel, or applicable prosecuting agency, as the case may be, shall recover, out of the forfeited bail money, the costs and…
- § 1305.4 Notwithstanding Section 1305, the surety insurer, the bail agent, the surety, or the depositor may file a motion, based upon good cause, for an order extending…
- § 1305.5 Notwithstanding Sections 85, 580, 904.1, and 904.2 of the Code of Civil Procedure, the following rules apply to an appeal from an order of the superior court…
- § 1305.6 (a) If a person appears in court after the end of the 180-day period specified in Section 1305, the court may, in its discretion, vacate the forfeiture and…
- § 1306 (a) When any bond is forfeited and the period of time specified in Section 1305 has elapsed without the forfeiture having been set aside, the court which has…
- § 1306.1 The provisions of Sections 1305 and 1306 shall not affect the payment of bail deposits into the city or county treasury, as the case may be, pursuant to…
- § 1307 If, by reason of the neglect of the defendant to appear, money deposited instead of bail is forfeited, and the forfeiture is not discharged or remitted, the…
- § 1308 (a) No court or magistrate shall accept any person or corporation as surety on bail if any summary judgment against that person or corporation entered pursuant…
ARTICLE 8. Recommitment of the Defendant, After Having Given Bail or Deposited Money Instead of Bail §§ 1310–1317 · 8 sections
- § 1310 The court to which the committing magistrate returns the depositions, or in which an indictment, information, or appeal is pending, or to which a judgment on…
- § 1311 The order for the recommitment of the defendant must recite generally the facts upon which it is founded, and direct that the defendant be arrested by any…
- § 1312 The defendant may be arrested pursuant to the order, upon a certified copy thereof, in any county, in the same manner as upon a warrant of arrest, except that…
- § 1313 If the order recites, as the ground upon which it is made, the failure of the defendant to appear for judgment upon conviction, the defendant must be committed…
- § 1314 If the order be made for any other cause, and the offense is bailable, the Court may fix the amount of bail, and may cause a direction to be inserted in the…
- § 1315 When the defendant is admitted to bail, the bail may be taken by any magistrate in the county, having authority in a similar case to admit to bail, upon the…
- § 1316 When bail is taken upon the recommitment of the defendant, the undertaking must be in substantially the following form: An order having been made on the ____…
- § 1317 The bail must possess the qualifications, and must be put in, in all respects, in the manner prescribed in Article II of this Chapter.
ARTICLE 9. Procedure Relating to Release on Own Recognizance §§ 1318–1319.5 · 4 sections
- § 1318 (a) The defendant shall not be released from custody under an own recognizance until the defendant files with the clerk of the court or other person authorized…
- § 1318.1 (a) A court, with the concurrence of the board of supervisors, may employ an investigative staff for the purpose of recommending whether a defendant should be…
- § 1319 (a) No person arrested for a violent felony, as described in subdivision (c) of Section 667.5, may be released on his or her own recognizance until a hearing…
- § 1319.5 (a) A person described in subdivision (b) who is arrested for a new offense shall not be released on his or her own recognizance until a hearing is held in…
ARTICLE 10. Violations §§ 1320–1320.5 · 2 sections
- § 1320 (a) Every person who is charged with or convicted of the commission of a misdemeanor who is released from custody on his or her own recognizance and who in…
- § 1320.5 Every person who is charged with or convicted of the commission of a felony, who is released from custody on bail, and who in order to evade the process of the…