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.

  1. 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.
  2. California Penal Code, Part 2, Title 10, Ch. 1, Article 5.5, Sections 1299-1317 (hereafter referred to as PC).
  3. 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:

  1. If case is dismissed or no complaint is filed within 15 days of arraignment [1305(a)(5)],
  2. If the clerk fails to mail forfeiture notice within 30 days or fail to mail to both agent and surety [1305(b)(1)-(3)],
  3.  If defendant is returned to court within the 180 period [1305(b)(1)-(3)],
  4.  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)],
  5. 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],
  6. 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

  1. 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.)
  2. 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:
  1. 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.)
  2. 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:
  1. 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
  2. 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.
  3.  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:

  1. court may not reinstate defendant on previously forfeited bail bond without prior notice to the surety, and
  2. failure of court to provide prior notice requires release of surety obligation. Reversed.
  3. 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 §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 §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 §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)]

  1. Be at least 18 years old [PC 1299.04(a)(1)],
  2. Completion of a 40 hour power of arrest course [PC 1299.04(a)(2)],
  3. Completion of a minimum of 12 hours classroom education pursuant to IC 1810.7 [PC 1299.04(a)(3)],
  4. 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)],
  5. No felony convictions [PC 1299.03(a)(5)].
  6. 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
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