CALIFORNIA BAIL LAW

Downey Bail Bond Regulations and Laws Index

For many states the regulations on the Downey bail bond industry are found in multiple state codes. In the case of California, the regulatory body is the Insurance Department, but the bail bond industry is also subject to California’s Penal Code.

I. Applicable State Statutes.

California Insurance Code, Div. 1, Part 2, Ch. 7, Sections 11-800-1823, (hereafter referred to as IC). Under IC 11-800.6, cities and counties are free to enact further regulations not in conflict with the IC sections cited above in A.
California Penal Code, Part 2, Title 10, Ch. 1, Article 5.5, Sections 1299-1317 (hereafter referred to as PC).
California Code of Regulations, Title 10, Ch. 5, Sections 2053 et seq.

II. Licensing Requirements for Agents

Downy Bail Bonds provides for three kinds of bail licenses [IC 1801]: the bail agents’ license [IC 1802], the bail permitees’ license [IC 1802.5], and the bail solicitors’ license [IC 1803]. Of concern here will be the bail agents’license, which permits the holder to solicit, negotiate, and effect undertakings of bail on behalf of any admitted surety. (A license may also be held by a corporation [IC 1810(b)]). The requirements of which license are:

A surety bond of $1000 for proper handling of money collected [IC 1802],
A notice of appointment on file with commissioner by a surety insurer [IC 1802.1],
Filing an application in the form prescribed by the commissioner with such supporting documents as required [IC 1804],
Filing of annual notices and applications to keep licenses in force and payment of fees by 1 May annually [IC 1808],
Taking and passing a written examination given by the commissioner [IC 1810.5, 1810.6], to qualify for which the applicant must take 12 hours of classroom education in pertinent subjects [IC 1810.7(a)],
Completion annually of not less than six hours of continuing classroom education on pertinent subjects prior to renewal of license [IC 1810.7(a)],
Payment of a license application fee of $118.00 [IC 1811(a)],
The regulatory body is the Insurance Department. III. Notice of Forfeiture [PC 1305-1308]. Upon the court’s declaration of a forfeiture [PC 1305(a)(1)-(5)],The clerk of the court must mail notice to both surety and bail agent within 30 days of the declaration [1305(b)],The forfeiture period is 180 days extended by five days for mailing [1305(b)],

IV. Allotted Time Between Forfeiture Declaration and Payment Due Date

When the bond is forfeited and the period of time in PC 1305 has elapsed, the court in question enters a summary judgement [PC 1306(a)] and the district attorney or county counsel must demand immediate payment within 30 days after the summary judgement becomes final [PC 1306(e)(1)]. The clerk of the court must serve notice of the entry of judgment within five days of the date of the judgment [PC 1308(b)].
The court can extend the time period not to exceed 180 days from its order [PC 1305.4] or permit tolling [PC 1305(e)].

V. Forfeiture Defenses

The California Penal Code establishes a number of conditions under which the forfeiture is set aside:

If case is dismissed or no complaint is filed within 15 days of arraignment [1305(a)(5)],
If the clerk fails to mail forfeiture notice within 30 days or fail to mail to both agent and surety [1305(b)(1)-(3)],
If defendant is returned to court within the 180 period [1305(b)(1)-(3)],
If defendant is permanently disabled [PC 1305(d)], deceased or otherwise permanently unable to appear [PC 1305(d)(1)], temporarily disabled [PC 1305(e)(1)-(3)], or in custody beyond jurisdiction of the court [PC 1305(f)(g)],
A motion is filed by the agent/surety within the 180 day period to be heard within 30 of the expiration of the 180 day period [PC 1305(I)], 1305.4],
If the court has reason to believe there is a sufficient excuse for a failure to appear, it may continue the case for a period it deems reasonable [PC 1305.1].

VI. Remission

California has no remission period.

VII. Bail Agent’s Arrest Authority

California Penal code allows the agent to arrest the principal himself or empower another to do so. [PC 1301].

VIII. Other Noteworthy Provisions

A bail agent’s license may also be held by a corporation [IC 1810(b)].

IX. Noteworthy State Appellate Decisions

A. Unexcused Non-Appearance

People v. American Bankers Ins. Co. (1989) 264 Cal.Rptr. 152, 215 Cal. App.3d 1363. If defendant fails to appear and court continues the matter without forfeiting bail, the excuse for defendant’s failure to appear must be “on the record.”After defendant failed to appear at his probation and sentencing hearing, the trial court continued the matter and ultimately ordered bail forfeited. Summary judgment was entered in favor of the People. The trial court denied the bail bond company’s motion to vacate the summary judgment and to exonerate the bond. (Superior Court of Orange County, No. C-63343, Myron S. Brown, Judge.)The Court of Appeals reversed the trial court’s order denying the motion to vacate the summary judgment and exonerate the bond. The court held that where, as in this case, there is no indication on the record that either the defendant or defense counsel presented any information to the court which could be said to constitute a sufficient basis to entertain a reasonable belief that the defendant’s nonappearance may have been with sufficient excuse. Thus, it held that the failure of the trial court to declare forfeiture of defendant’s bail bond on the first day he neglected to appear for his probation and sentencing hearing deprived it of jurisdiction to later forfeit the bond, since there was nothing in the record to show that the trial court had any reason to believe sufficient cause existed for his failure to appear. (Opinion by Scoville, P.J. with Wallin and Sonenshine, JJ., concurring.)
People v. Frontier Pacific Ins. Co.(1998) 74 Cal.Rptr.2d 316, 63 Cal.App. 4th 889.If upon the non-appearance of a defendant, the trial court continues a case without forfeiting bail, and the surety later brings a motion for relief from a subsequently entered forfeiture, the court may not consider evidence not part of the record from the first hearing to determine whether there was a rational basis for a sufficient excuse.In criminal prosecution, the Superior Court, Santa Clara County, No. 191155, Leonard B. Sprinkles, J., declared bail forfeited after defendant’s second failure to appear for sentencing. Surety’s motion to vacate forfeiture and exonerate bail was denied, and surety appealed. The Court of Appeal, Mihara, J., held that:

People v. American Bankers Ins. Co. (1989) 264 Cal.Rptr. 152, 215 Cal. App.3d 1363. If defendant fails to appear and court continues the matter without forfeiting bail, the excuse for defendant’s failure to appear must be “on the record.”After defendant failed to appear at his probation and sentencing hearing, the trial court continued the matter and ultimately ordered bail forfeited. Summary judgment was entered in favor of the People. The trial court denied the bail bond company’s motion to vacate the summary judgment and to exonerate the bond. (Superior Court of Orange County, No. C-63343, Myron S. Brown, Judge.)The Court of Appeals reversed the trial court’s order denying the motion to vacate the summary judgment and exonerate the bond. The court held that where, as in this case, there is no indication on the record that either the defendant or defense counsel presented any information to the court which could be said to constitute a sufficient basis to entertain a reasonable belief that the defendant’s nonappearance may have been with sufficient excuse. Thus, it held that the failure of the trial court to declare forfeiture of defendant’s bail bond on the first day he neglected to appear for his probation and sentencing hearing deprived it of jurisdiction to later forfeit the bond, since there was nothing in the record to show that the trial court had any reason to believe sufficient cause existed for his failure to appear. (Opinion by Scoville, P.J. with Wallin and Sonenshine, JJ., concurring.)
People v. Frontier Pacific Ins. Co.(1998) 74 Cal.Rptr.2d 316, 63 Cal.App. 4th 889.If upon the non-appearance of a defendant, the trial court continues a case without forfeiting bail, and the surety later brings a motion for relief from a subsequently entered forfeiture, the court may not consider evidence not part of the record from the first hearing to determine whether there was a rational basis for a sufficient excuse.In criminal prosecution, the Superior Court, Santa Clara County, No. 191155, Leonard B. Sprinkles, J., declared bail forfeited after defendant’s second failure to appear for sentencing. Surety’s motion to vacate forfeiture and exonerate bail was denied, and surety appealed. The Court of Appeal, Mihara, J., held that:

Trial court lacked jurisdiction to forfeit bail bond upon defendant’s second failure to appear, in absence of showing on the record that court found sufficient excuse at time of first nonappearance for defendant’s absence; and
Declaration submitted by district court in opposing motion to vacate forfeiture, detailing an alleged in camera discussion with judge at time of defendant’s first nonappearance that allegedly explained his absence, did not change result. Reversed.
Reinstatement Without Notice

County of Madera v. Ranger Ins. Co. (1991) 281 Cal.Rptr. 230, 230 Cal. App.3d 271.

County sought to recover from surety on bail bond when defendant failed to appear in criminal case. The Madera Justice Court, No. 020641, Victor C. Dahman, J., granted summary judgment in favor of county. Surety Appealed.

The Court of Appeal, Dibiaso, Acting P.J., held that:

court may not reinstate defendant on previously forfeited bail bond without prior notice to the surety, and
failure of court to provide prior notice requires release of surety obligation. Reversed.
No Election Required by Prosecution Where Extradition Infeasible

County of Orange V. Ranger Ins. Co. (1998) 61 Cal.App.4th 795, 71 Cal.Rptr.2d 811.

In bail forfeiture proceedings, the trial court ruled that Â§Pen. Code, 1304, subd. (g), which provides for relief from forfeiture of bail when the prosecuting agency elects not to seek extradition after being informed of the location of a fugitive defendant, did not provide relief to a surety whose bond posted for a Mexican national convicted of drug offenses had been forfeited after defendant fled to Mexico. (Superior Court of Orange County, No. 95NF1458, David O. Carter, Judge.)
The Court of Appeal affirmed. The court held that Â§Pen. Code, 1305, subd. (g), applies to defendants in foreign countries, but that it not triggered when extradition is not feasible. The term “elect” implies a choice of options, and the implication is that the prosecutor will have the option whether or not to seek extradition. Accordingly, the court held that the prosecution, having given evidence of Mexico’s demonstrated reluctance to extradite its own nationals for nonheinous offenses, was not required to make a formal request for defendant’s extradition from the Mexican government, and the trial court properly found that extradition was infeasible. (Opinion by Sonenshine, Acting P.J., with Rylaarsdam and Bedsworth, JJ., concurring.)

D. When Is A Bailee Required to Appear in Court?

People v. Ranger Ins. Co. (1998) 66 Cal.App.4th 1549, 78 Cal.Rptr. 2d 763. Defendant must appear at a “master trial calendar hearing.”

In a felony criminal prosecution, the trial court properly granted defendant’s surety’s motion to vacate the bail forfeiture ordered when defendant failed to appear at a hearing on a defense motion to continue the trial. The trial court lost jurisdiction when it failed to forfeit the bail bond two days earlier on the occasion of defendant’s failure to appear at the master trial calendar hearing and so it was without jurisdiction to order the forfeiture two days later.

Pen. Code, 1305, requires a defendant’s presence at “trial,” which includes the date set for the appearance in the master trial calendar department. If the court fails to declare forfeiture at that time, it loses jurisdiction and the bond is exonerated by operation of law. Even though defendant had executed a Pen. Code, 977, waiver, which allows a felony defendant to be absent on specific occasions, Pen. Code, 1305, which governs forfeiture procedure, was the more specific statute and thus it took precedence. When there is a conflict between a general and a special law, the special law must control.

[See 4 Witkin & Epstein, Cal. Criminal Law (2d ed. 1989) 2023 et seq.] (2) Bail and Recognizance Â§9 — Forfeiture of Bond or Deposit. The forfeiture or exoneration of bail is entirely a statutory procedure, and forfeiture proceedings are governed entirely by the special statutes applicable thereto (Pen. Code, 1305-1309). Because the law abhors forfeitures, these statutes are to be strictly construed in favor of the surety.

E. Timeliness of Entry of Summary Judgment

People v. Topa Ins. Co. (1995) 38 Cal.Rptr.2d 167, 32 Cal. App.4th 296. Summary judgment must be filed within 90 days after the date it may first be filed, or the trial court loses jurisdiction over the bond.

Surety filed motion to vacate forfeiture of, reinstate and exonerate bail bond. The Superior Court, Sonoma County, No. 16737, R. Bryan Jamar, J., granted summary judgment on forfeiture, and denied surety’s motion to set aside summary judgment and exonerate bail. Surety Appealed. The Court of Appeal, Merrill, J., held that: (1) trial court was without jurisdiction to do anything other than enter summary judgment of forfeiture following expiration of 180-days period for seeking relief from forfeiture, absent tolling of 180-days period, and (2) trial court’s failure to enter summary judgment forfeiting bail within 90 days after lapse of 180-day period for seeking relief from forfeiture meant that its jurisdiction to enter summary judgment had expired and bail was exonerated. Reversed.

F. Notice

People v. Ranger Ins. Co.(1996) 59 Cal.Rptr.2d 777, 51 Cal.App.4th 1379. The court must give notice to the surety at its proper address. After receiving notice of summary judgment of forfeiture, surety on bail bond moved to discharge forfeiture, set aside judgment, and exonerate bail, based on procedural irregularities in giving of notice. The Superior Court, Santa Clara County, No. 172001, John A. Flaherty, J., denied motion. Surety appealed The Court of Appeal, Wunderlich, J., held that:

notice of original forfeiture forwarded to surety by defunct general agent to whom it was mailed achieved statutory goal of actual notice;

order, naming wrong surety, that surety reassume its obligations under reinstated bond was ineffective; and

even if reassumption had been effective, notice to address known to be incorrect was ineffective. Reversed.

G. Deportation

People v. American Surety Ins. Co. (2000) 92 Cal.Rptr.2d 216. Deportation of a bailee entitles the surety to relief from a forfeiture (and to have its liability extinguished).

Surety which had posted bail for defendant who was arrested on drug charges, and who was unable to appear for preliminary hearing due to his deportation by Immigration and Naturalization Service (INS), moved to vacate forfeiture and exonerate bail. The Superior Court, Ventura County, Nos. CR44361, 187541, John J. Hunter, J., denied motion. Surety appealed. The Court of Appeal, Yegan, J., held that defendant’s deportation rendered him unable to appear due to “detention” by civil authorities, and thus operated under statute to exonerate bail. Reversed.

X. Bounty Hunter Provisions

A. Licensing Requirements. [PC 1299.04(a)(1)-(5)]

Be at least 18 years old [PC 1299.04(a)(1)],
Completion of a 40 hour power of arrest course [PC 1299.04(a)(2)],
Completion of a minimum of 12 hours classroom education pursuant to IC 1810.7 [PC 1299.04(a)(3)],
Completion of a training course in the exercise of the power to arrest pursuant to Section 7583.7 of Business and Professions Code [PC 1299.04(a)(4)],
No felony convictions [PC 1299.03(a)(5)].
Arrest Authority. [PC 1299.02]

TOPIC	CODE	SECTION
180-day period; motion to extend	Penal	1305.4
Accounts; trust; money	Insurance	1823
Acting for attorney, prohibited	Title 10	2072
Additional statements	Title 10	2083.1
Address change	Insurance	1822
Administration of justice; place; unlawful solicitation	Title 10	2074
Administrator of licenseeÂ’s estate; temporary license	Insurance	1810.8
Admission of bail by magistrate	Penal	1277
Admission of bail defined	Penal	1268
Admission of guilt as prerequisite for program	Penal	1001.66
Admittance to bail; defendant; approving undertaking	Penal	1269a
Admitted surety insurers; undertaking	Penal	1459
Admitting bail; who may	Penal	1291
Advertising of fictitious names	Title 10	2066.5
Advertising; internet; transact	Insurance	1726
Advertising; unauthorized	Insurance	11-800.75
Affidavit constituting attachment lien	Penal	1280.1
Affidavit for surrender	Penal	1300(a)
Affidavits for justification of bail	Penal	1280a
After bail and before forfeiture; deposit	Penal	1296
Agent bail; includes copartners	Title 10	2054.2
AgentÂ’s license	Insurance	1802
Agreement for release	Penal	1318
Agreements before bail arrest; prohibited	Title 10	2070
Agreements with law enforcement	Title 10	2076
Agreements; guarantor; delivery; notices	Title 10	2084
Allowance of bail; order for discharge; release on bail	Penal	1280
Amount of bail; other than bail schedule	Penal	1269c
Answering interrogations; licensee must answer	Title 10	2092
Appeal; admission to bail	Penal	1272
Appeal; criteria for release on bail pending	Penal	1272.1
Application fees; bail license	Insurance	1811
Application for return of securities	Insurance	1804
Application for return of securities; form and contents	Insurance	1802.73
Application of bail upon dismissal	Penal	1303
Application of other sections	Penal	1288
Application; denial of license	Insurance	1669
Application; form and contents	Insurance	1802.73
Applications; license; forms	Title 10	2055
Appointment; notice; filing; contents; duration	Insurance	1802.1
Apprehend; detain; arrest; bail fugitive; authorized by	Penal	1299.02
Arrest of defendant for purpose of surrender	Penal	1301
Arrest; defendant in any county	Penal	1312
Arrest; felony; county	Penal	821
Arrestee; defined	Title 10	2054.5
Arrestee; solicitation of; hours	Title 10	2079.1
Arrestee; surrender to custody; return of premiums	Title 10	2090
Arrestee; tender of documents	Title 10	2099
Arrests; informing / notifying; prohibition	Title 10	2076
Assessment; notice; payment procedure	Penal	1305.2
Associations; prior prohibited	Title10	2058
Associations; prohibited	Title 10	2057
Associations; temporary; records	Title 10	2101.2
Attachment lien; affidavit constituting	Penal	1280.1
Attorney; acting for; prohibited	Title10	2072
Attorney; recommending; suggesting; prohibited	Title 10	2071
Authority to approve and accept bail	Penal	1269b
Authority; misrepresenting	Title 10	2067
Auto Insurance; exempt transactions	Insurance	11-800.5
Bail agent; business capacities	Title 10	2065
Bail agent; includes copartners	Title 10	2054.2
Bail agent; license	Insurance	1802
Bail amount; matters considered in fixing	Penal	1275
Bail amount; order setting other than bail schedule	Penal	1269c
Bail amount; review of order fixing	Penal	1270.2
Bail bond; defined	Insurance	11-800.4
Bail bonds; execution by individuals	Insurance	11-800.7
Bail deposits; vehicle code	Penal	1306.1
Bail forfeiture; judgment lien on	Penal	1280.1
Bail license application	Insurance	1804
Bail license application fees	Insurance	1811
Bail license application; construction	Title 10	2053
Bail license applications; forms	Title 10	2055
Bail license examinations	Insurance	1810.5
Bail license renewal	Insurance	1810.9
Bail license; capacity and conduct	Title 10	2064
Bail license; definition	Title 10	2054.1
Bail license; education requirements	Insurance	1810.7
Bail license; grounds for refusal	Insurance	1806
Bail license; grounds for revocation	Insurance	1806
Bail license; grounds for suspension	Insurance	1806
Bail license; qualifications	Title 10	2056
Bail license; requirements`	Insurance	1805
Bail license; temporary for executor of licenseeÂ’s estate	Insurance	1810.8
Bail license; types	Insurance	1801
Bail negotiation; persons	Title 10	2080
Bail not accepted if summary judgment unpaid	Penal	1308
Bail on habeas corpus when offense is capital	Penal	1286
Bail on order for recommitment	Penal	1314-15
Bail on order for recommitment; qualifications; procedure	Penal	1317
Bail permittee; business capacities	Title 10	2065
Bail permittee; includes copartners	Title 11	2054.2
Bail release; willful failure to appear	Penal	1320.5
Bail schedule; county wide	Penal	1269.b
Bail soliciting; persons	Title 10	2079
Bail solicitorÂ’s license	Insurance	1803
Bail statement; warrant	Penal	982
Bail transactions; written statements; contents; delivery	Title 10	2083
Bail undertaking; number of sureties; form	Penal	1278
Bail upon dismissal; application of	Penal	1303
Bail; admission by magistrate	Penal	1277
Bail; admission for probation or an appeal	Penal	1272
Bail; admission of; defined	Penal	1268
Bail; admitting; who	Penal	1291
Bail; authority to approve and accept	Penal	1269b
Bail; deposit in lieu of	Penal	1295
Bail; domestic violence	Penal	1269c
Bail; exoneration	Penal	1269
Bail; feloniously obtained monies	Penal	1275.1
BailÂ’ justification	Penal	1280.1
Bail; justification; affidavits	Penal	1280a
Bail; justification; filling affidavits; certified copies	Penal	1280b
Bail; nature of	Penal	1273
Bail; offenses not bailable	Penal	1270.5
Bail; qualification; justification of sureties	Penal	1279
Bail; qualifications; conditions	Penal	1282
Bail; reduction or increase; showing cause	Penal	1289
Bail; reinstatement of; in lieu of exoneration	Penal	1305
Bail; release on; pending appeal	Penal	1272.1
Bail; serious felonies	Penal	1275
Bail; taking; defined	Penal	1269
Bail; terms defined	Title 10	2054.3
Bail; transaction, defined	Title 10	2054.3
Bail; undertakings; delivery; compliance	Title 10	2086
Bench warrant; failure to appear; issuance	Penal	979
Bench warrant; failure to appear; situations	Penal	978.5
Bench warrant; issuance	Penal	1195
Bench warrant; issued one or more counties	Penal	980
Bench warrant; served	Penal	983
Bond; execution of	Penal	1276
Bond; securities deposited in lieu of	Insurance	1802.7
Bond; substitution of for securities	Insurance	1802.71
Bonds deposited in lieu of money	Penal	1298
Branch offices	Title 10	2063.2
Business in employerÂ’s name	Title 10	2066.1
Business in own name	Title 10	2066
Business in specified capacities only and notices	Title 10	2066
Business; temporarily conducting; records	Title 10	2101.3
Capacity; bail licensees	Title 10	2064
Capacity; misrepresenting	Title 10	2067
Capacity; same as employer	Title 10	2062.1
Capital offense; bail on habeas corpus	Penal	1286
Capital offense; delivery of defendant into custody	Penal	1285
Card; identification	Title 10	2077.1
Case; continuance; failure to appear without excuse	Penal	1305.1
Cause; showing; for increase or reduction of bail	Penal	1289
Certificate of deposit in lieu of bail	Penal	1295
Certificate; commissionerÂ’s	Insurance	1736
Change in partnership; notices	Title 10	2061.3
Change of address	Insurance	1822
Change of address; notice	Insurance	1729
Chargeable rates	Title 10	2094.1
Charges permitted	Title 10	2081
Charges; filing	Title 10	2094.2
Charges; schedule; filing	Title 10	2094
Charges; service; prohibited	Title 10	2082
City and county regulatory authority	Insurance	11-800.6
Collateral; custody thereof	Title 10	2088.1
Collateral; excess; return	Title 10	2089
Collateral; fiduciary relationship	Title 10	2088
Collateral; real property	Title 10	2088.3
Collateral; return	Title 10	2088.2
Collection on summary judgment	Penal	1305.3
Collection permitted	Title 10	2081
Commissioner; investigations	Insurance	1666
Commissioner; rule making power	Insurance	1812
CommissionerÂ’s certificate	Insurance	1819
Commissions; payment	Title 10	2054.4
Commitment for non appearance for judgment	Penal	1313
Communications; confidential	Title 10	2069
Communications; fictitious; prohibited	Title 10	2077
Compliance with regulations of public authority	Title 10	2075
Compliance; undertakings of bail; delivery	Title 10	2086
Conditions of undertaking of bail	Penal	1296
Conduct	Insurance	1736
Conduct; bail licensees	Title 10	2064
Conduct; solicitor	Title 10	2063.3
Confidential communications; information	Title 10	2069
Contents of order of recommitment	Penal	1311
Continuance of case; FTA; not sufficient excuse	Penal	1305.1
Continue; notice of intent to continue license	Insurance	1808
Conviction; prior to; admittance to bail	Penal	1271
Conviction; verdict of; proceedings	Penal	1166
Copartners; disciplinary action for act of one partner	Title 10	2061.5
Copartners; filing individual statements	Title 10	2061.2
Copartners; prohibitions; suspension	Title 10	2061.4
Copartners; records; filings	Title 10	2101
Copies; retention be licensee	Title 10	2098
Corporations; licensing	Insurance	1810
Costs recovery	Penal	1305.3
County treasurer; funds; deposited; fines; forfeitures	Penal	1463.04
County; felony arrest	Penal	821
Court hearing; diversion; exoneration of bail; reports	Penal	1000.2
Court notice; time for exoneration	Penal	1304
Court of law; prohibited associations	Title 10	2057
Courts; unlawful solicitation	Title 10	2074
Criminal records; dissemination to bail agents	Penal	11105.8
Criminals; prohibited associations	Title 10	2057
Criteria for release on bail pending appeal	Penal	1272.1
Custody of collateral	Title 10	2088.1
Custody; delivery of defendant; capital offense	Penal	1285
Death; licensee; terminates	Insurance	1710
Declaration of forfeiture	Penal	1305
Defendant arrested in any county	Penal	1312
Defendant; admittance to bail; orders	Penal	1269a
Defendant; arrest for purpose of surrender	Penal	1301
Defendant; delivery into custody; capital offense	Penal	1285
Defendant; discharge	Penal	1295
Defendant; discharge; upon execution of undertaking	Penal	1281
Defendant; recommitment; what cases	Penal	1310
Defined; admission of bail	Penal	1268
Defined; arrestee	Title 10	2054.5
Defined; violent felony	Penal	1319
Definitions; application of Insurance Code	Title 10	2053.1
Definitions; bail license; bail licensee	Title 10	2054.1
Delivery; guarantor agreements; notices	Title 10	2084
Delivery; securities to applicant	Insurance	1802.77
Delivery; statements of bail transactions; contents	Title 10	2083
Delivery; undertakings of bail	Title 10	2086
Denial of application for license	Insurance	1668
Denial of license	Insurance	1668.5
Denial of license	Insurance	1813
Denial of license; hearing	Insurance	1667
Deposit after bail is given and before forfeiture	Penal	1296
Deposit cash; magistrate	Penal	832
Deposit in lieu of bail	Penal	1295
Deposit of bonds/real property equity in lieu of money	Penal	1298
Deposit; forfeited; payment to county treasurer	Penal	1307
Deposit; remittance fiduciary funds	Insurance	1734
Deposited money return; on surrender before forfeiture	Penal	1302
Depositor; notice to; declaration of forfeiture	Penal	1305
Deposits; securities in lieu of bond	Insurance	1802.7
Destruction of records; agent	Title 10	2104
Detention and review of order fixing amount of bail	Penal	1270.2
Detention; place; public authority compliance	Title 10	2075
Detention; place; unlawful solicitation	Title 10	2074
Differences in rates; filing of charges	Title 10	2094.2
Disapproval of fictitious names	Title 10	2066.4
Discharge; order; release on bail	Penal	1280
Discharge of defendant	Penal	1281/1295
Disciplinary action against copartnership	Title 10	2061.5
Disciplinary action; employer supervision	Title 10	2063.1
Disclosure	Insurance	791.13
Disclosure for bail bond secured by real property lien	Penal	1276.5
Disclosure; financial records	Insurance	1703
Disclosure; license numbers	Insurance	1725.5
Dismissal; application of bail	Penal	1303
Display of license	Insurance	1820
Dissemination of criminal records	Penal	11105.6
Distribution of funds; fines; forfeitures	Penal	1463
District Attorney; notice to	Penal	1274
Diversion court hearing; exoneration of bail	Penal	1000.2
Documents to arrestee or representative	Title 10	2099
Document; filed; use of	Title 10	2102
Documents; retention of by licensee	Title 10	2097
Documents; retention of copies by licensee	Title 10	2098
Domestic violence; bail	Penal	1269c
Education requirements	Insurance	1810.7
Eligibility to hold license; organization ceases	Insurance	1711
Employees; licensed in same capacity	Title 10	2062.1
Employees; licensed	Title 10	2063
Employees; licensed; notice of employment	Title 10	2062
Employees; licensed; records	Title 10	2101.1
Employer supervision	Title 10	2063.1
EmployerÂ’s name	Title 10	2066.1
Employment of licensees; notice	Title 10	2062
Enforcement of judgment on forfeiture	Penal	1306
Entering premises; fugitive recovery	Penal	1299.09
Entering warrants into NCIC	Penal	980 & 1196
Entitlement to own recognizance release	Penal	1270
Examination; books and records by Commissioner	Insurance	1802.75
Examination; scope	Insurance	1677
Examinations	Insurance	1810.5
Examinations; frequency; scope	Insurance	1810.6
Excess collateral; return	Title 10	2089
Excuse; failure to appear without sufficient	Penal	1305.1
Execute warrant; magistrate	Penal	828
Execution/approval of undertaking	Penal	1281
Execution of bail bonds by individuals	Insurance	11-800.7
Execution of bond or undertaking	Penal	1276
Executor of licenseeÂ’s estate; temporary bail license	Insurance	1810.8
Exoneration of bail	Penal	1296
Exoneration of bail; diversion; court hearing	Penal	1000.2
Exoneration of bail; return of deposit	Penal	1195
Exoneration; notice of	Penal	1297
Exoneration; time for; notice to court	Penal	1304
Expiration; license	Insurance	1808
Extension of 180-day period; motion	Penal	1305.4
a>Failure to appear	Penal	1270.1
Failure to appear without sufficient excuse	Penal	1305.1
Failure to appear; bench warrant; issuance	Penal	979
Failure to appear; bench warrant; situations	Penal	978.5
Failure to appear; issuance of bench warrant	Penal	1195
Failure to appear; release on own recognizance	Penal	1320
Failure to appear; willful; release on bail	Penal	1320.5
Failure to keep records	Insurance	1745
Federal employer ID number; providing to Commissioner	Insurance	1666.5
Fees; filing agent application et al	Insurance	1811
Feloniously obtained bail	Penal	1275.1
Felony arrest; county	Penal	821
Felony cases; authority to judge	Penal	1281a
Felony charge; increased bail	Penal	985
Fictitious communications prohibited	Title 10	2077
Fictitious names	Insurance	1724.5
Fictitious names; advertising	Title 10	2066.5
Fictitious names; disapproval	Title 10	2066.4
Fictitious names; filing	Title 10	2066.3
Fiduciaries; theft of funds	Insurance	1733
Fiduciary funds; maintenance	Insurance	1734.5
Fiduciary relationship; collateral	Title 10	2088
Filed documents; use of	Title 10	2102
Filed forms; use of	Title 10	2102
Filing affidavits for justification of bail	Penal	1280b
Filing individual statements; copartners	Title 10	2061.2
Filing schedule of charges	Title 10	2094
Filing; notices; times	Title 10	2054.6
Filing; notices; transacting as partners	Title 10	2061
Filings; copartnerships; records	Title 10	2101
Filings; necessary notices	Title 10	2095
Financial records; disclosure	Insurance	1703
Fines and costs; application of deposit to cover	Penal	1297
Fines for violations of codes	Insurance	1814
Fines; forfeitures; deposited; county treasurer	Penal	1463.01
Fines; forfeitures; distribution of funds	Penal	1463
Forfeited deposit; payment to county treasurer	Penal	1307
Forfeiture	Penal	1195
Forfeiture of bail	Vehicle	40512
Forteiture of bail; optional	Vehicle	40512.5
Forfeiture; before; deposit after bail	Penal	1296
Forfeiture; declaration of	Penal	1305
Forfeiture; enforcement of judgment	Penal	1306
Forfeiture; return of excess colloateral	Title 10	2089
Forfeiture; vacate; motion	Penal	1305.3
Forfeiture; vacating	Penal	1305
Forfeitures; misrepresentations	Title 10	2091
Form of the undertaking	Penal	1316
Form; undertaking of bail	Penal	1287
Form; undertaking of bail; number of sureties	Penal	1278
Forms; filed; use of	Title 10	2102
Forms; improper; notice	Title 10	2096
Fugitive Recovery Persons Act	Penal	1299
Fugitive Recovery Persons; defined	Penal	1299.01d
Fugitive Recovery Persons; documentation; authority	Penal	1299.06
Fugitive Recovery Persons; misleading representation	Penal	1299.07
Fugitive Recovery Persons; qualifications; training; requirement	Penal	1299.04
Fugitive recovery; arrest; notification; law enforcement; time	Penal	1299.08
Fugitive recovery; entering premises	Penal	1299.09
Fugitive recovery; firearms	Penal	1299.10
Fugitive recovery; private investigators	Penal	1299.13
Fugitive recovery; private investigators; exempt	Penal	1299.02(4)
Fugitive recovery; statute term	Penal	1299.12
Fugitive recovery; violations	Penal	1299.11
Gifts; prohibited	Title 10	2078
Grounds; suspension or revocation of license	Insurance	1807
Guarantor agreements; delivery; notices	Title 10	2084
Guarantor; rights waiver; prohibited	Title 10	2087
Guild; admission; prerequisite for placement in program	Penal	1001.66
Habeas corpus; bail on capital offense	Penal	1286
Habeas corpus; preparation; prohibited	Title 10	2073
Hearing by court; diversion; exoneration of bail; reports	Penal	1000.2
Hearing for persons arrested for violent felony	Penal	1319
Hearing in open court; own recognizance release	Penal	1319.5
Hearing on denial of license	Insurance	1667
Hearing; request; notice of noncompliance	Title 10	2054.7
Hearing suspension or revocation of license	Insurance	1807.5
Hours; solicitation of arrestee	Title 10	2079.1
Identification card	Title 10	2077.1
Identification number; providing to Commissioner	Insurance	1666.5
Imprisonment for violations	Insurance	1814
Improper forms; notice	Title 10	2096
Increase or reduction of bail; cause; notice	Penal	1289
Increased bail; felony charge	Penal	985
Individual licensees; business capacities	Title 10	2065
Information; confidential communications	Title 10	2069
Information; not required; severability	Title 10	2103
Information; statements; admissibility	Penal	1001.67
Informing or notifying of arrests; prohibitions	Title 10	2076
Inspection; necessary records open	Title 10	2100
Insurance Code; application of definitions	Title 10	2053.1
Insurers; surety; undertakings by	Penal	1459
Interest-bearing accounts; trust funds	Insurance	1823
Internet; advertise; transact	Insurance	1726
Interrogations; licensee must answer	Title 10	2092
Investigations by Commissioner	Insurance	1666
Investigative staff; violent felony cases; reports; salaries	Penal	1318.1
Investment securities; in lieu of bond	Insurance	1802.7
Investment; application	Title 10	2053
Jails; unlawful solicitation	Title 10	2074
Judgment; enforcement; forfeiture	Penal	1306
Justification of bail; affidavit constituting attachment lien	Penal	1280.1
Justification of bail; affidavits	Penal	1280a
Justification of bail; filing affidavits; certified copies	Penal	1280b
Justification of bail; qualifications	Penal	1279
Law enforcement; prohibited associations	Title 10	2057
Lawyer; prohibited associations	Title 10	2057
License application	Insurance	1804
License application fees	Insurance	1811
License application; denial	Insurance	1668
License application; forms	Title 10	2055
License denial; hearing	Insurance	1667
License examinations	Insurance	1810.5
License numbers; disclosure	Insurance	1725.5
License periods	Insurance	1807.7
License renewal	Insurance	1810.9
License requirements	Insurance	11-800
License revocation	Insurance	1668.5
License; agent	Insurance	1802
License; bail; definition	Title 10	2054.1
License; bail; qualifications	Title 10	2056
License; denial	Insurance	1668.5
License; denial	Insurance	1813
License; denial of application	Insurance	1669
License; display	Insurance	1820
License; expiration	Insurance	1808
License; grounds for revocation; suspension	Insurance	1807
License; natural persons	Title 10	2060
License; notice of intent to continue	Insurance	1808
License; penalty in lieu of suspension	Insurance	1748
License; permittee	Insurance	1802.6
License; prohibited associations	Title 10	2057-2058
License; refusal	Insurance	1821
License; renewal application	Insurance	1813
License; solicitor	Insurance	1803
License; suspension	Insurance	1668.5
License; suspension	Insurance	1813
License; temporary for executor of licenseeÂ’s estate	Insurance	1810.8
License; time frame for issuance	Insurance	1670
Licensed employees	Title 10	2063
Licensed employees; records	Title 10	2101.1
Licensee must answer; interrogations	Title 10	2092
Licensee; bail; definition	Title 10	2054.1
Licensees; list	Insurance	1815
Licenses; organizational	Insurance	1672
Licenses; types	Insurance	1801
Licensing; individual for partners	Title 10	2061.1
Licensing; natural persons; corporations	Insurance	1810
Lien; judgment on bail forfeiture and summary judgment	Penal	1280.1
Loss of licensees	Insurance	1815
Local authority	Insurance	11-800.6
Local authority	Title 10	2075
>Magistrate admitting bail	Penal	1277
Magistrate; deposit cash	Penal	832
Magistrate; deposit cash	Penal	828
Magistrate; other county	Penal	984
Magistrates authorized to take bail	Penal	1315
Method of surrender; who may make	Penal	1300
Method of surrender; who may take	Penal	1300
Minor offenses; order reprimanding licensee	Insurance	1746
Misdemeanor arrest; another county	Penal	822
Misleading or untrue statements; forfeitures	Title 10	2091
Misleading representation; fugitive recovery persons	Penal	1299.07
Misrepresentation; license type	Insurance	1730
Misrepresenting; capacity; authority	Title 10	2067
Money deposit return; on surrender before forfeiture	Penal	1302
Monies; kept in trust accounts	Insurance	1823
Motion to extend 180-day period	Penal	1305.4
Motion to vacate forfeiture	Penal	1305.3
>Name; business in own name	Title 10	2066
Name; predecessorÂ’s	Insurance	1802.2
Name; predecessorÂ’s	Title 10	2066.2
Names; fictitious	Insurance	1724.5
Names; fictitious; disapproval	Title 10	2066.4
Names; fictitious; filing; similar	Title 10	2066.3
Natural persons; license	Title 10	2060
Natural persons; licensing	Insurance	1810
Nature of bail	Penal	1273
NCIC; entering warrants	Penal	980
NCIC; entry of warrant	Penal	1196
Necessary notices and filings	Title 10	2095
Negotiation of bail; persons	Title 10	2080
Nonappearance for judgment upon conviction	Penal	1313
Non-capital offense; service of bench warrant	Penal	1284
Noncompliance; notice; request for hearing	Title 10	2054.7
Notice of application for reduction of bail	Penal	1289
Notice of appointment; filing; contents; duration	Insurance	1802.1
Notice of assessment as condition of discharge	Penal	1305.2
Notice of employment of licensed employees	Title 10	2062
Notice to change address	Insurance	1729
Notice to court; time for exoneration	Penal	1304
Notice to district attorney	Penal	1274
Notice; change of address	Insurance	1822
Notice; improper forms	Title 10	2096
Notices; business in specified capacities only	Title 10	2065
Notices; delivery of guarantor agreements	Title 10	2084
Notices; filings; necessary	Title 10	2095
Notices; time for filing	Title 10	2054.6
Notices; transacting as partners	Title 10	2061
Notices; written; employment	Title 10	2062.2
Notification of arrests; prohibition	Title 10	2076
Notification; arrests; apprehend; law enforcement; time	Penal	1299.08
Number of sureties; undertaking for bail; form	Penal	1287
Offenses not bailable	Penal	1270.5
Offices; branch	Title 10	2063.2
Order for discharge; release on bail	Penal	1280
Order for recommitment bail; qualifications	Penal	1317
Order of recommitment; contents	Penal	1311
Order of release of undertaking	Penal	1280.1
Orders admitting defendant to bail	Penal	1269a
Organization ceases; eligibility to hold license	Insurance	1711
Organizational licenses; issuance	Insurance	1672
Own recognizance release; entitlement	Penal	1270
Own recognizance release; failure to appear; penalties	Penal	1320
Own recognizance release; hearing in open court	Penal	1319.5
Partner; disciplinary action for act of other partner	Title 10	2061.5
Partners; individual licensing; rebating	Title 10	2061.1
Partners; notices; transactions	Title 10	2061
Partnership; business capacities	Title 10	2065
Partnership; change; notices	Title 10	2061.3
Past violations; power of Commissioner	Title 10	2053.1
Payment of bail deposits in cases under vehicle code	Penal	1306.1
Payment to county treasurer of forfeited deposit	Penal	1307
Penalties for failure to appear; OR release	Penal	1320
Penalty; in lieu of license suspension	Insurance	1748
Permits; required	Insurance	11-800.8
Permittee; acquisition of agentÂ’s license	Insurance	1802.6
Permittee; includes copartners	Title 10	2054.2
Person’s authorized to approve and accept bail	Penal	1269b
Place; solicitations; unlawful	Title 10	2074
Policy; defined	Insurance	380
Policy; specify	Insurance	381
PredecessorÂ’s name; use of	Insurance	1802.2
PredecessorÂ’s name; use of	Title 10	2066.2
Premiums; return; upon surrender of arrestee	Title 10	2090
Preparation of writ of habeas corpus; prohibited	Title 10	2073
Pretrial release; failure to appear	Penal	1270.1
Prior prohibited associations	Title 10	2058
Privacy	Insurance	791.13
Private patrol operator; prohibited associations	Title 10	2057
Probation or appeal; admission to bail on application	Penal	1272
Progress reports; hearing by court; diversion	Penal	1000.2
Prohibited associations	Title 10	2057
Prohibited commissions or rebates	Title 10	2054.4
Prohibited gifts	Title 10	2078
Prohibited service charges	Title 10	2082
Prohibited; other licenses; solicitors	Title 10	2059
Prohibited; waiver of guarantor rights	Title 10	2087
Prohibitions; acting for attorney	Title 10	2072
Prohibitions; agreements before bail arrest	Title 10	2070
Prohibitions; agreements with law enforcement, et al	Title 10	2076
Prohibitions; copartnership	Title 10	2061.4
Prohibitions; preparation of writ of habeas corpus	Title 10	2073
Prohibitions; recommending or suggestion attorney	Title 10	2071
Prohibitions; unlicensed persons	Title 10	2068
Property; real; collateral	Title 10	2088.3
Public authority; compliance	Title 10	2075
Publication expense; recovery	Insurance	1802.76
Publication; notice of application for return of securities	Insurance	1802.74
Qualification of bail; justification of sureties	Penal	1279
Qualifications; bail license	Title 10	2056
Qualifications; fugitive recovery person; training; requirement	Penal	1299.04
>Rate differences; filing of charges	Title 10	2094.2
Rates chareable	Title 10	2094.1
Real property as collateral	Title 10	2088.3
Real property deposit in lieu of money	Penal	1298
Real property securing bail bond; disclosure	Penal	1276.5
Rebates	Insurance	1809
Rebates; unlawful	Title 10	2054.4
Rebating; partners; individual licensing	Title 10	2061.1
Receipts; refunds and returns; notice of exoneration	Penal	1297
Recognizance; own; release entitlement	Penal	1270
Recommitment of defendant; what cases	Penal	1310
Recommitment order; contents	Penal	1311
Recommitment; order for; bail on	Penal	1314
Records inspection; necessary	Title 10	2100
Records retention	Title 10	2097
Records; copartnership; filing	Title 10	2101
Records; criminal; dissemination	Penal	11105.6
Records; destruction	Title 10	2103
Records; failure to keep	Insurance	1745
Records; licensed employees	Title 10	2101.1
Records; temporarily conduction business	Title 10	2101.3
Records; temporary associations	Title 10	2101.2
Recovery of costs; motion to vacate forfeiture	Penal	1305.3
Recovery; publication expense	Insurance	1802.76
Reduction of bail; showing cause	Penal	1289
Refunds and returns; notice of exoneration	Penal	1297
Refusal of bail license; grounds	Insurance	1806
Refusal; license	Insusrancae	1821
Regulatory authority; local jurisdictions	Insurance	11-800.6
Reinstatement of bail in lieu of exoneration	Penal	1305
Release agreement; necessity; filing; signature	Penal	1318
Release of undertaking; order	Penal	1280.1
Release on bail; willful failure to appear	Penal	1320.5
Release on own recognizance; hearing in open court	Penal	1319.5
Release pretrial; failure to appear	Penal	1270.1
Remand or commitment; bail	Penal	1166
Remittance; fiduciary funds	Insurance	1734
Renewal; license	Insurance	1808/1810.9
Reports; violent felony cases; investigative staff	Penal	1318.1
Reprimand; minor offenses	Insurance	1746
Requirements; bail license issuance	Insurance	1805
Retention of copies	Title 10	2098
Retention of documents; originals or duplicates	Title 10	2097
Return of collateral	Title 10	2088.2
Return of excess collateral	Title 10	2089
Return of money deposit on surrender before forfeiture	Penal	1302
Return of premiums; surrender of arrestee to custody	Title 10	2090
Return of securities; application	Insurance	1802.72
Review of order fixing amount of bail	Penal	1270.2
Revocation hearing	Insurance	1807.5
Revocation of license	Insurance	1668.5
Revocation of license	Insurance	1813
Revocation of license; grounds	Insurance	1806/1807
Rule making power	Insurance	1812
Satisfying fines and costs; application of deposit	Penal	1297
Schedule of bail; county wide	Penal	1269b
Schedule of charges; filing	Title 10	2094
Securities; delivery to applicant; application for return; form contents	Insurance	1802.73/.77
Securities; deposited in lieu of bond	Insurance	1802.7
Security on bond; real property lien; disclosure	Penal	1276.5
Serious felonies; bail	Penal	1275
Service charges; prohibited	Title 10	2082
Service of bench warrant; non-capitol offense	Penal	1284
Severability; information; not required	Title 10	2103
Social security number; providing to Commissioner	Insurance	1666.5
Solicitations; unlawful; place	Title 10	2074
Soliciting of bail; persons; hours	Title 10	2079
Solicitor; transactions and conduct	Title 10	2063.3
SolicitorÂ’s license	Insurance	1803
Statements of information; admissibility	Penal	1001.67
Substitution of bond for securities	Insurance	1802.71
Successor; bail license	Insurance	1802.2
Summary judgment; collection	Penal	1305.3
Summary judgment; judgment lien on bail forfeiture	Penal	1280.1
Summary judgment; notice of entry	Penal	1308
Sureties; justification; qualifications of bail	Penal	1279
Sureties; number	Penal	1287
Sureties; number; bail undertaking; form	Penal	1278
Surety insurers; admitted; undertakings by	Penal	1459
Surety; notice to; declaration of forfeiture	Penal	1305
Surrender before forfeiture; money deposit return	Penal	1302
Surrender of arrestee to custody; return of premiums	Title 10	2090
Surrender; arrest for purpose	Penal	1301
Surrender; who may make; method	Penal	1300
Suspension of license	Insurance	1668.5
Suspension of license	Insurance	1813
Suspension of license; grounds	Insurance	1806/1807
Suspension; copartnership	Title 10	2061.4
Suspension; hearing	Insurance	1807.5
Taking of bail; defined	Penal	1269
Temporarily conducting business; records	Title 10	2101.3
Temporary license	Title 10	2065
Theft of funds; fiduciaries	Insurance	1733
Threats to victim; setting bail	Penal	1275
Time for exoneration; notice to court	Penal	1304
Transact; defined	Insurance	35
Transaction of bail; terms defined	Title 10	2054.3
Transactions; bail; written statements; contents; delivery	Title 10	2083
Transactions; prohibited by unlicensed persons	Title 10	2068
Trust accounts	Insurance	1823
Undertaking by admitted surety insurers	Penal	1459
Undertaking for bail; number of sureties; form	Penal	1287/1278
Undertaking of bail; execution of	Penal	1276
Undertaking; form	Penal	1316
Undertaking; order of release	Penal	1280.1
Undertakings of bail; delivery; compliance	Title 10	2086
Unlawful rebates	Title 10	2054.4
Unlawful solicitations; place	Title 10	2074
Unlicensed persons; transactions; prohibitions	Title 10	2068
Unpaid summary judgment; surety bail not accepted	Penal	1308
Vacate forfeiture	Penal	1305
Vacate forfeiture; motion	Penal	1305.3
Variance from bail schedule; order	Penal	1269c
Vehicle code; payment of bail deposits	Penal	1306.1
Verdict; general; proceedings; remand or commitment	Penal	1166
Violations; fines and imprisonment	Insurance	1814
Violations; past; power of Commissioner	Title 10	2053.1
Violent felonies	Penal	1275
Waiver of rights of guarantor; prohibited	Title 10	2087
Warrant; bail statement	Penal	982
Warrant; bench; issuance	Penal	1195
Warrant; entering into NCIC	Penal	980
Warrant; entry into NCIC	Penal	1196
Willful failure to appear; release on bail	Penal	1320.5