California 2015 2015-2016 Regular Session

California Senate Bill SB717 Introduced / Bill

Filed 02/27/2015

 BILL NUMBER: SB 717INTRODUCED BILL TEXT INTRODUCED BY Senator Stone FEBRUARY 27, 2015 An act to amend Section 1269 of the Penal Code, relating to bail. LEGISLATIVE COUNSEL'S DIGEST SB 717, as introduced, Stone. Bail. Existing law provides that the taking of bail consists of the acceptance, by a competent court or magistrate, of the undertaking of sufficient bail for the appearance of the defendant, according to the terms of the undertaking, or that the bail will pay to the people of this state a specified sum. This bill would make technical, nonsubstantive changes to those provisions. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 1269 of the Penal Code is amended to read: 1269.  (a)    The taking of bail consists  in   of  the acceptance, by a competent court or magistrate, of the undertaking of sufficient bail for the appearance of the defendant, according to the terms of the undertaking, or that the bail will pay to the people of this state a specified sum. Upon filing, the clerk shall enter in the register of actions the date and amounts of  such   the  bond and the name or names of the surety or sureties  thereon.   of the bond.  In the event of the loss or destruction of  such   the  bond,  such   the  entries  so  made shall be prima facie evidence of the due execution of  such   the  bond as required by law.  Whenever any   (b)     If  bail bond has been deposited in  any   a  criminal action or proceeding in a  municipal or  superior court or in  any   a  proceeding in habeas corpus in a superior court, and it  is made to appear   appears  to the satisfaction of the court  by affidavit or by testimony   from affidavits or testimony  in open court that more than three years have elapsed since the exoneration or release of  said  bail, the court  must   shall  direct that  such   the  bond be destroyed.