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California Bail Law

Lakewood Bail Bonds Regulations and Laws Index

For many states the regulations on the Lakewood Bail Bonds industry are found in multiple state codes. In the case of California, the regulatory body is the Insurance Department, but the Lakewood Bail Bonds 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

California 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 Lakewood Bail Bonds 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 Lakewood Bail Bonds 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 Lakewood Bail Bonds 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 Lakewood Bail Bonds 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 Lakewood Bail Bonds 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 Lakewood Bail Bonds. 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 Lakewood Bail Bonds 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]
TOPICCODESECTION
180-day period; motion to extendPenal1305.4
Accounts; trust; moneyInsurance1823
Acting for attorney, prohibitedTitle 102072
Additional statementsTitle 102083.1
Address changeInsurance1822
Administration of justice; place; unlawful solicitationTitle 102074
Administrator of licenseeÂ’s estate; temporary licenseInsurance1810.8
Admission of bail by magistratePenal1277
Admission of bail definedPenal1268
Admission of guilt as prerequisite for programPenal1001.66
Admittance to bail; defendant; approving undertakingPenal1269a
Admitted surety insurers; undertakingPenal1459
Admitting bail; who mayPenal1291
Advertising of fictitious namesTitle 102066.5
Advertising; internet; transactInsurance1726
Advertising; unauthorizedInsurance11-800.75
Affidavit constituting attachment lienPenal1280.1
Affidavit for surrenderPenal1300(a)
Affidavits for justification of bailPenal1280a
After bail and before forfeiture; depositPenal1296
Agent bail; includes copartnersTitle 102054.2
AgentÂ’s licenseInsurance1802
Agreement for releasePenal1318
Agreements before bail arrest; prohibitedTitle 102070
Agreements with law enforcementTitle 102076
Agreements; guarantor; delivery; noticesTitle 102084
Allowance of bail; order for discharge; release on bailPenal1280
Amount of bail; other than bail schedulePenal1269c
Answering interrogations; licensee must answerTitle 102092
Appeal; admission to bailPenal1272
Appeal; criteria for release on bail pendingPenal1272.1
Application fees; bail licenseInsurance1811
Application for return of securitiesInsurance1804
Application for return of securities; form and contentsInsurance1802.73
Application of bail upon dismissalPenal1303
Application of other sectionsPenal1288
Application; denial of licenseInsurance1669
Application; form and contentsInsurance1802.73
Applications; license; formsTitle 102055
Appointment; notice; filing; contents; durationInsurance1802.1
Apprehend; detain; arrest; bail fugitive; authorized byPenal1299.02
Arrest of defendant for purpose of surrenderPenal1301
Arrest; defendant in any countyPenal1312
Arrest; felony; countyPenal821
Arrestee; definedTitle 102054.5
Arrestee; solicitation of; hoursTitle 102079.1
Arrestee; surrender to custody; return of premiumsTitle 102090
Arrestee; tender of documentsTitle 102099
Arrests; informing / notifying; prohibitionTitle 102076
Assessment; notice; payment procedurePenal1305.2
Associations; prior prohibitedTitle102058
Associations; prohibitedTitle 102057
Associations; temporary; recordsTitle 102101.2
Attachment lien; affidavit constitutingPenal1280.1
Attorney; acting for; prohibitedTitle102072
Attorney; recommending; suggesting; prohibitedTitle 102071
Authority to approve and accept bailPenal1269b
Authority; misrepresentingTitle 102067
Auto Insurance; exempt transactionsInsurance11-800.5
Bail agent; business capacitiesTitle 102065
Bail agent; includes copartnersTitle 102054.2
Bail agent; licenseInsurance1802
Bail amount; matters considered in fixingPenal1275
Bail amount; order setting other than bail schedulePenal1269c
Bail amount; review of order fixingPenal1270.2
Lakewood Bail Bonds; definedInsurance11-800.4
Lakewood Bail Bonds; execution by individualsInsurance11-800.7
Bail deposits; vehicle codePenal1306.1
Bail forfeiture; judgment lien onPenal1280.1
Bail license applicationInsurance1804
Bail license application feesInsurance1811
Bail license application; constructionTitle 102053
Bail license applications; formsTitle 102055
Bail license examinationsInsurance1810.5
Bail license renewalInsurance1810.9
Bail license; capacity and conductTitle 102064
Bail license; definitionTitle 102054.1
Bail license; education requirementsInsurance1810.7
Bail license; grounds for refusalInsurance1806
Bail license; grounds for revocationInsurance1806
Bail license; grounds for suspensionInsurance1806
Bail license; qualificationsTitle 102056
Bail license; requirements`Insurance1805
Bail license; temporary for executor of licenseeÂ’s estateInsurance1810.8
Bail license; typesInsurance1801
Bail negotiation; personsTitle 102080
Bail not accepted if summary judgment unpaidPenal1308
Bail on habeas corpus when offense is capitalPenal1286
Bail on order for recommitmentPenal1314-15
Bail on order for recommitment; qualifications; procedurePenal1317
Bail permittee; business capacitiesTitle 102065
Bail permittee; includes copartnersTitle 112054.2
Bail release; willful failure to appearPenal1320.5
Bail schedule; county widePenal1269.b
Bail soliciting; personsTitle 102079
Bail solicitorÂ’s licenseInsurance1803
Bail statement; warrantPenal982
Bail transactions; written statements; contents; deliveryTitle 102083
Bail undertaking; number of sureties; formPenal1278
Bail upon dismissal; application ofPenal1303
Bail; admission by magistratePenal1277
Bail; admission for probation or an appealPenal1272
Bail; admission of; definedPenal1268
Bail; admitting; whoPenal1291
Bail; authority to approve and acceptPenal1269b
Bail; deposit in lieu ofPenal1295
Bail; domestic violencePenal1269c
Bail; exonerationPenal1269
Bail; feloniously obtained moniesPenal1275.1
BailÂ’ justificationPenal1280.1
Bail; justification; affidavitsPenal1280a
Bail; justification; filling affidavits; certified copiesPenal1280b
Bail; nature ofPenal1273
Bail; offenses not bailablePenal1270.5
Bail; qualification; justification of suretiesPenal1279
Bail; qualifications; conditionsPenal1282
Bail; reduction or increase; showing causePenal1289
Bail; reinstatement of; in lieu of exonerationPenal1305
Bail; release on; pending appealPenal1272.1
Bail; serious feloniesPenal1275
Bail; taking; definedPenal1269
Bail; terms definedTitle 102054.3
Bail; transaction, definedTitle 102054.3
Bail; undertakings; delivery; complianceTitle 102086
Bench warrant; failure to appear; issuancePenal979
Bench warrant; failure to appear; situationsPenal978.5
Bench warrant; issuancePenal1195
Bench warrant; issued one or more countiesPenal980
Bench warrant; servedPenal983
Bond; execution ofPenal1276
Bond; securities deposited in lieu ofInsurance1802.7
Bond; substitution of for securitiesInsurance1802.71
Bonds deposited in lieu of moneyPenal1298
Branch officesTitle 102063.2
Business in employerÂ’s nameTitle 102066.1
Business in own nameTitle 102066
Business in specified capacities only and noticesTitle 102066
Business; temporarily conducting; recordsTitle 102101.3
Capacity; bail licenseesTitle 102064
Capacity; misrepresentingTitle 102067
Capacity; same as employerTitle 102062.1
Capital offense; bail on habeas corpusPenal1286
Capital offense; delivery of defendant into custodyPenal1285
Card; identificationTitle 102077.1
Case; continuance; failure to appear without excusePenal1305.1
Cause; showing; for increase or reduction of bailPenal1289
Certificate of deposit in lieu of bailPenal1295
Certificate; commissionerÂ’sInsurance1736
Change in partnership; noticesTitle 102061.3
Change of addressInsurance1822
Change of address; noticeInsurance1729
Chargeable ratesTitle 102094.1
Charges permittedTitle 102081
Charges; filingTitle 102094.2
Charges; schedule; filingTitle 102094
Charges; service; prohibitedTitle 102082
City and county regulatory authorityInsurance11-800.6
Collateral; custody thereofTitle 102088.1
Collateral; excess; returnTitle 102089
Collateral; fiduciary relationshipTitle 102088
Collateral; real propertyTitle 102088.3
Collateral; returnTitle 102088.2
Collection on summary judgmentPenal1305.3
Collection permittedTitle 102081
Commissioner; investigationsInsurance1666
Commissioner; rule making powerInsurance1812
CommissionerÂ’s certificateInsurance1819
Commissions; paymentTitle 102054.4
Commitment for non appearance for judgmentPenal1313
Communications; confidentialTitle 102069
Communications; fictitious; prohibitedTitle 102077
Compliance with regulations of public authorityTitle 102075
Compliance; undertakings of bail; deliveryTitle 102086
Conditions of undertaking of bailPenal1296
ConductInsurance1736
Conduct; bail licenseesTitle 102064
Conduct; solicitorTitle 102063.3
Confidential communications; informationTitle 102069
Contents of  order of recommitmentPenal1311
Continuance of case; FTA; not sufficient excusePenal1305.1
Continue; notice of intent to continue licenseInsurance1808
Conviction; prior to; admittance to bailPenal1271
Conviction; verdict of; proceedingsPenal1166
Copartners; disciplinary action for act of one partnerTitle 102061.5
Copartners;  filing individual statementsTitle 102061.2
Copartners; prohibitions; suspensionTitle 102061.4
Copartners; records; filingsTitle 102101
Copies; retention be licenseeTitle 102098
Corporations; licensingInsurance1810
Costs recoveryPenal1305.3
County treasurer; funds; deposited; fines; forfeituresPenal1463.04
County; felony arrestPenal821
Court hearing; diversion; exoneration of bail; reportsPenal1000.2
Court notice; time for exonerationPenal1304
Court of law; prohibited associationsTitle 102057
Courts; unlawful solicitationTitle 102074
Criminal records; dissemination to bail agentsPenal11105.8
Criminals; prohibited associationsTitle 102057
Criteria for release on bail pending appealPenal1272.1
Custody of collateralTitle 102088.1
Custody; delivery of defendant; capital offensePenal1285
Death; licensee; terminatesInsurance1710
Declaration of forfeiturePenal1305
Defendant arrested in any countyPenal1312
Defendant; admittance to bail; ordersPenal1269a
Defendant; arrest for purpose of surrenderPenal1301
Defendant; delivery into custody; capital offensePenal1285
Defendant; dischargePenal1295
Defendant; discharge; upon execution of undertakingPenal1281
Defendant; recommitment; what casesPenal1310
Defined; admission of bailPenal1268
Defined; arresteeTitle 102054.5
Defined; violent felonyPenal1319
Definitions; application of Insurance CodeTitle 102053.1
Definitions; bail license; bail licenseeTitle 102054.1
Delivery; guarantor agreements; noticesTitle 102084
Delivery; securities to applicantInsurance1802.77
Delivery; statements of bail transactions; contentsTitle 102083
Delivery; undertakings of bailTitle 102086
Denial of application for licenseInsurance1668
Denial of licenseInsurance1668.5
Denial of licenseInsurance1813
Denial of license; hearingInsurance1667
Deposit  after bail is given and before forfeiturePenal1296
Deposit cash; magistratePenal832
Deposit in lieu of bailPenal1295
Deposit of bonds/real property equity in lieu of moneyPenal1298
Deposit; forfeited; payment to county treasurerPenal1307
Deposit; remittance fiduciary fundsInsurance1734
Deposited money return; on surrender before forfeiturePenal1302
Depositor; notice to; declaration of forfeiturePenal1305
Deposits; securities in lieu of bondInsurance1802.7
Destruction of records; agentTitle 102104
Detention and review of order fixing amount of bailPenal1270.2
Detention; place; public authority complianceTitle 102075
Detention; place; unlawful solicitationTitle 102074
Differences in rates; filing of chargesTitle 102094.2
Disapproval of fictitious namesTitle 102066.4
Discharge; order; release on bailPenal1280
Discharge of defendantPenal1281/1295
Disciplinary action against copartnershipTitle 102061.5
Disciplinary action; employer supervisionTitle 102063.1
DisclosureInsurance791.13
Disclosure for bail bond secured by real property lienPenal1276.5
Disclosure; financial recordsInsurance1703
Disclosure; license numbersInsurance1725.5
Dismissal; application of bailPenal1303
Display of licenseInsurance1820
Dissemination of criminal recordsPenal11105.6
Distribution of funds; fines; forfeituresPenal1463
District Attorney; notice toPenal1274
Diversion court hearing; exoneration of bailPenal1000.2
Documents to arrestee or representativeTitle 102099
Document; filed; use ofTitle 102102
Documents; retention of by licenseeTitle 102097
Documents; retention of copies by licenseeTitle 102098
Domestic violence; bailPenal1269c
Education requirementsInsurance1810.7
Eligibility to hold license; organization ceasesInsurance1711
Employees; licensed in same capacityTitle 102062.1
Employees; licensedTitle 102063
Employees; licensed; notice of employmentTitle 102062
Employees; licensed; recordsTitle 102101.1
Employer supervisionTitle 102063.1
EmployerÂ’s nameTitle 102066.1
Employment of licensees; noticeTitle 102062
Enforcement of judgment on forfeiturePenal1306
Entering premises; fugitive recoveryPenal1299.09
Entering warrants into NCICPenal980 & 1196
Entitlement to own recognizance releasePenal1270
Examination; books and records by CommissionerInsurance1802.75
Examination; scopeInsurance1677
ExaminationsInsurance1810.5
Examinations; frequency; scopeInsurance1810.6
Excess collateral; returnTitle 102089
Excuse; failure to appear without sufficientPenal1305.1
Execute warrant; magistratePenal828
Execution/approval of undertakingPenal1281
Execution of bail bonds by individualsInsurance11-800.7
Execution of bond or undertakingPenal1276
Executor of licenseeÂ’s estate; temporary bail licenseInsurance1810.8
Exoneration of bailPenal1296
Exoneration of bail; diversion; court hearingPenal1000.2
Exoneration of bail; return of depositPenal1195
Exoneration; notice ofPenal1297
Exoneration; time for; notice to courtPenal1304
Expiration; licenseInsurance1808
Extension of 180-day period; motionPenal1305.4
a>Failure to appearPenal1270.1
Failure to appear without sufficient excusePenal1305.1
Failure to appear; bench warrant; issuancePenal979
Failure to appear; bench warrant; situationsPenal978.5
Failure to appear; issuance of bench warrantPenal1195
Failure to appear; release on own recognizancePenal1320
Failure to appear; willful; release on bailPenal1320.5
Failure to keep recordsInsurance1745
Federal employer ID number; providing to CommissionerInsurance1666.5
Fees; filing agent application et alInsurance1811
Feloniously obtained bailPenal1275.1
Felony arrest; countyPenal821
Felony cases; authority to judgePenal1281a
Felony charge; increased bailPenal985
Fictitious communications prohibitedTitle 102077
Fictitious namesInsurance1724.5
Fictitious names; advertisingTitle 102066.5
Fictitious names; disapprovalTitle 102066.4
Fictitious names; filingTitle 102066.3
Fiduciaries; theft of fundsInsurance1733
Fiduciary funds; maintenanceInsurance1734.5
Fiduciary relationship; collateralTitle 102088
Filed documents; use ofTitle 102102
Filed forms; use ofTitle 102102
Filing affidavits for justification of bailPenal1280b
Filing individual statements; copartnersTitle 102061.2
Filing schedule of chargesTitle 102094
Filing; notices; timesTitle 102054.6
Filing; notices; transacting as partnersTitle 102061
Filings; copartnerships; recordsTitle 102101
Filings; necessary noticesTitle 102095
Financial records; disclosureInsurance1703
Fines and costs; application of deposit to coverPenal1297
Fines for violations of codesInsurance1814
Fines; forfeitures; deposited; county treasurerPenal1463.01
Fines; forfeitures; distribution of fundsPenal1463
Forfeited deposit; payment to county treasurerPenal1307
ForfeiturePenal1195
Forfeiture of bailVehicle40512
Forteiture of bail; optionalVehicle40512.5
Forfeiture; before; deposit after bailPenal1296
Forfeiture; declaration ofPenal1305
Forfeiture; enforcement of judgmentPenal1306
Forfeiture; return of excess colloateralTitle 102089
Forfeiture; vacate; motionPenal1305.3
Forfeiture; vacatingPenal1305
Forfeitures; misrepresentationsTitle 102091
Form of the undertakingPenal1316
Form; undertaking of bailPenal1287
Form; undertaking of bail; number of suretiesPenal1278
Forms; filed; use ofTitle 102102
Forms; improper; noticeTitle 102096
Fugitive Recovery Persons ActPenal1299
Fugitive Recovery Persons; definedPenal1299.01d
Fugitive Recovery Persons; documentation; authorityPenal1299.06
Fugitive Recovery Persons; misleading representationPenal1299.07
Fugitive Recovery Persons; qualifications; training; requirementPenal1299.04
Fugitive recovery; arrest; notification; law enforcement; timePenal1299.08
Fugitive recovery; entering premisesPenal1299.09
Fugitive recovery; firearmsPenal1299.10
Fugitive recovery; private investigatorsPenal1299.13
Fugitive recovery; private investigators; exemptPenal1299.02(4)
Fugitive recovery; statute termPenal1299.12
Fugitive recovery; violationsPenal1299.11
Gifts; prohibitedTitle 102078
Grounds; suspension or revocation of licenseInsurance1807
Guarantor agreements; delivery; noticesTitle 102084
Guarantor; rights waiver; prohibitedTitle 102087
Guild; admission; prerequisite for placement in programPenal1001.66
Habeas corpus; bail on capital offensePenal1286
Habeas corpus; preparation; prohibitedTitle 102073
Hearing by court; diversion; exoneration of bail; reportsPenal1000.2
Hearing for persons arrested for violent felonyPenal1319
Hearing in open court; own recognizance releasePenal1319.5
Hearing on denial of licenseInsurance1667
Hearing; request; notice of noncomplianceTitle 102054.7
Hearing suspension or revocation of licenseInsurance1807.5
Hours; solicitation of arresteeTitle 102079.1
Identification cardTitle 102077.1
Identification number; providing to CommissionerInsurance1666.5
Imprisonment for violationsInsurance1814
Improper forms; noticeTitle 102096
Increase or reduction of bail; cause; noticePenal1289
Increased bail; felony chargePenal985
Individual licensees; business capacitiesTitle 102065
Information; confidential communicationsTitle 102069
Information; not required; severabilityTitle 102103
Information; statements; admissibilityPenal1001.67
Informing or notifying of arrests; prohibitionsTitle 102076
Inspection; necessary records openTitle 102100
Insurance Code; application of definitionsTitle 102053.1
Insurers; surety; undertakings byPenal1459
Interest-bearing accounts; trust fundsInsurance1823
Internet; advertise; transactInsurance1726
Interrogations; licensee must answerTitle 102092
Investigations by CommissionerInsurance1666
Investigative staff; violent felony cases; reports; salariesPenal1318.1
Investment securities; in lieu of bondInsurance1802.7
Investment; applicationTitle 102053
Jails; unlawful solicitationTitle 102074
Judgment; enforcement; forfeiturePenal1306
Justification of bail; affidavit constituting attachment lienPenal1280.1
Justification of bail; affidavitsPenal1280a
Justification of bail; filing affidavits; certified copiesPenal1280b
Justification of bail; qualificationsPenal1279
Law enforcement; prohibited associationsTitle 102057
Lawyer; prohibited associationsTitle 102057
License applicationInsurance1804
License application feesInsurance1811
License application; denialInsurance1668
License application; formsTitle 102055
License denial; hearingInsurance1667
License examinationsInsurance1810.5
License numbers; disclosureInsurance1725.5
License periodsInsurance1807.7
License renewalInsurance1810.9
License requirementsInsurance11-800
License revocationInsurance1668.5
License; agentInsurance1802
License; bail; definitionTitle 102054.1
License; bail; qualificationsTitle 102056
License; denialInsurance1668.5
License; denialInsurance1813
License; denial of applicationInsurance1669
License; displayInsurance1820
License; expirationInsurance1808
License; grounds for revocation; suspensionInsurance1807
License; natural personsTitle 102060
License; notice of intent to continueInsurance1808
License; penalty in lieu of suspensionInsurance1748
License; permitteeInsurance1802.6
License; prohibited associationsTitle 102057-2058
License; refusalInsurance1821
License; renewal applicationInsurance1813
License; solicitorInsurance1803
License; suspensionInsurance1668.5
License; suspensionInsurance1813
License; temporary for executor of licenseeÂ’s estateInsurance1810.8
License; time frame for issuanceInsurance1670
Licensed employeesTitle 102063
Licensed employees; recordsTitle 102101.1
Licensee must answer; interrogationsTitle 102092
Licensee; bail; definitionTitle 102054.1
Licensees; listInsurance1815
Licenses; organizationalInsurance1672
Licenses; typesInsurance1801
Licensing; individual for partnersTitle 102061.1
Licensing; natural persons; corporationsInsurance1810
Lien; judgment on bail forfeiture and summary judgmentPenal1280.1
Loss of licenseesInsurance1815
Local authorityInsurance11-800.6
Local authorityTitle 102075
>Magistrate admitting bailPenal1277
Magistrate; deposit cashPenal832
Magistrate; deposit cashPenal828
Magistrate; other countyPenal984
Magistrates authorized to take bailPenal1315
Method of surrender; who may makePenal1300
Method of surrender; who may takePenal1300
Minor offenses; order reprimanding licenseeInsurance1746
Misdemeanor arrest; another countyPenal822
Misleading or untrue statements; forfeituresTitle 102091
Misleading representation; fugitive recovery personsPenal1299.07
Misrepresentation; license typeInsurance1730
Misrepresenting; capacity; authorityTitle 102067
Money deposit return; on surrender before forfeiturePenal1302
Monies; kept in trust accountsInsurance1823
Motion to extend 180-day periodPenal1305.4
Motion to vacate forfeiturePenal1305.3
>Name; business in own nameTitle 102066
Name; predecessorÂ’sInsurance1802.2
Name; predecessorÂ’sTitle 102066.2
Names; fictitiousInsurance1724.5
Names; fictitious; disapprovalTitle 102066.4
Names; fictitious; filing; similarTitle 102066.3
Natural persons; licenseTitle 102060
Natural persons; licensingInsurance1810
Nature of bailPenal1273
NCIC; entering warrantsPenal980
NCIC; entry of warrantPenal1196
Necessary notices and filingsTitle 102095
Negotiation of bail; personsTitle 102080
Nonappearance for judgment upon convictionPenal1313
Non-capital offense; service of bench warrantPenal1284
Noncompliance; notice; request for hearingTitle 102054.7
Notice of application for reduction of bailPenal1289
Notice of appointment; filing; contents; durationInsurance1802.1
Notice of assessment as condition of dischargePenal1305.2
Notice of employment of licensed employeesTitle 102062
Notice to change addressInsurance1729
Notice to court; time for exonerationPenal1304
Notice to district attorneyPenal1274
Notice; change of addressInsurance1822
Notice; improper formsTitle 102096
Notices; business in specified capacities onlyTitle 102065
Notices; delivery of guarantor agreementsTitle 102084
Notices; filings; necessaryTitle 102095
Notices; time for filingTitle 102054.6
Notices; transacting as partnersTitle 102061
Notices; written; employmentTitle 102062.2
Notification of arrests; prohibitionTitle 102076
Notification; arrests; apprehend; law enforcement; timePenal1299.08
Number of sureties; undertaking for bail; formPenal1287
Offenses not bailablePenal1270.5
Offices; branchTitle 102063.2
Order for discharge; release on bailPenal1280
Order for recommitment bail; qualificationsPenal1317
Order of recommitment; contentsPenal1311
Order of release of undertakingPenal1280.1
Orders admitting defendant to bailPenal1269a
Organization ceases; eligibility to hold licenseInsurance1711
Organizational licenses; issuanceInsurance1672
Own recognizance release; entitlementPenal1270
Own recognizance release; failure to appear; penaltiesPenal1320
Own recognizance release; hearing in open courtPenal1319.5
Partner; disciplinary action for act of other partnerTitle 102061.5
Partners; individual licensing; rebatingTitle 102061.1
Partners; notices; transactionsTitle 102061
Partnership; business capacitiesTitle 102065
Partnership; change; noticesTitle 102061.3
Past violations; power of CommissionerTitle 102053.1
Payment of bail deposits in cases under vehicle codePenal1306.1
Payment to county treasurer of forfeited depositPenal1307
Penalties for failure to appear; OR releasePenal1320
Penalty; in lieu of license suspensionInsurance1748
Permits; requiredInsurance11-800.8
Permittee; acquisition of agentÂ’s licenseInsurance1802.6
Permittee; includes copartnersTitle 102054.2
Person’s authorized to approve and accept bailPenal1269b
Place; solicitations; unlawfulTitle 102074
Policy; definedInsurance380
Policy; specifyInsurance381
PredecessorÂ’s name; use ofInsurance1802.2
PredecessorÂ’s name; use ofTitle 102066.2
Premiums; return; upon surrender of arresteeTitle 102090
Preparation of writ of habeas corpus; prohibitedTitle 102073
Pretrial release; failure to appearPenal1270.1
Prior prohibited associationsTitle 102058
PrivacyInsurance791.13
Private patrol operator; prohibited associationsTitle 102057
Probation or appeal; admission to bail on applicationPenal1272
Progress reports; hearing by court; diversionPenal1000.2
Prohibited associationsTitle 102057
Prohibited commissions or rebatesTitle 102054.4
Prohibited giftsTitle 102078
Prohibited service chargesTitle 102082
Prohibited; other licenses; solicitorsTitle 102059
Prohibited; waiver of guarantor rightsTitle 102087
Prohibitions; acting for attorneyTitle 102072
Prohibitions; agreements before bail arrestTitle 102070
Prohibitions; agreements with law enforcement, et alTitle 102076
Prohibitions; copartnershipTitle 102061.4
Prohibitions; preparation of writ of habeas corpusTitle 102073
Prohibitions; recommending or suggestion attorneyTitle 102071
Prohibitions; unlicensed personsTitle 102068
Property; real; collateralTitle 102088.3
Public authority; complianceTitle 102075
Publication expense; recoveryInsurance1802.76
Publication; notice of application for return of securitiesInsurance1802.74
Qualification of bail; justification of suretiesPenal1279
Qualifications; bail licenseTitle 102056
Qualifications; fugitive recovery person; training; requirementPenal1299.04
>Rate differences; filing of chargesTitle 102094.2
Rates chareableTitle 102094.1
Real property as collateralTitle 102088.3
Real property deposit in lieu of moneyPenal1298
Real property securing bail bond; disclosurePenal1276.5
RebatesInsurance1809
Rebates; unlawfulTitle 102054.4
Rebating; partners; individual licensingTitle 102061.1
Receipts; refunds and returns; notice of exonerationPenal1297
Recognizance; own; release entitlementPenal1270
Recommitment of defendant; what casesPenal1310
Recommitment order; contentsPenal1311
Recommitment; order for; bail onPenal1314
Records inspection; necessaryTitle 102100
Records retentionTitle 102097
Records; copartnership; filingTitle 102101
Records; criminal; disseminationPenal11105.6
Records; destructionTitle 102103
Records; failure to keepInsurance1745
Records; licensed employeesTitle 102101.1
Records; temporarily conduction businessTitle 102101.3
Records; temporary associationsTitle 102101.2
Recovery of costs; motion to vacate forfeiturePenal1305.3
Recovery; publication expenseInsurance1802.76
Reduction of bail; showing causePenal1289
Refunds and returns; notice of exonerationPenal1297
Refusal of bail license; groundsInsurance1806
Refusal; licenseInsusrancae1821
Regulatory authority; local jurisdictionsInsurance11-800.6
Reinstatement of bail in lieu of exonerationPenal1305
Release agreement; necessity; filing; signaturePenal1318
Release of undertaking; orderPenal1280.1
Release on bail; willful failure to appearPenal1320.5
Release on own recognizance; hearing in open courtPenal1319.5
Release pretrial; failure to appearPenal1270.1
Remand or commitment; bailPenal1166
Remittance; fiduciary fundsInsurance1734
Renewal; licenseInsurance1808/1810.9
Reports; violent felony cases; investigative staffPenal1318.1
Reprimand; minor offensesInsurance1746
Requirements; bail license issuanceInsurance1805
Retention of copiesTitle 102098
Retention of documents; originals or duplicatesTitle 102097
Return of collateralTitle 102088.2
Return of excess collateralTitle 102089
Return of money deposit on surrender before forfeiturePenal1302
Return of premiums; surrender of arrestee to custodyTitle 102090
Return of securities; applicationInsurance1802.72
Review of order fixing amount of bailPenal1270.2
Revocation hearingInsurance1807.5
Revocation of licenseInsurance1668.5
Revocation of licenseInsurance1813
Revocation of license; groundsInsurance1806/1807
Rule making powerInsurance1812
Satisfying fines and costs; application of depositPenal1297
Schedule of bail; county widePenal1269b
Schedule of charges; filingTitle 102094
Securities; delivery to applicant; application for return; form contentsInsurance1802.73/.77
Securities; deposited in lieu of bondInsurance1802.7
Security on bond; real property lien; disclosurePenal1276.5
Serious felonies; bailPenal1275
Service charges; prohibitedTitle 102082
Service of bench warrant; non-capitol offensePenal1284
Severability; information; not requiredTitle 102103
Social security number; providing to CommissionerInsurance1666.5
Solicitations; unlawful; placeTitle 102074
Soliciting of bail; persons; hoursTitle 102079
Solicitor; transactions and conductTitle 102063.3
SolicitorÂ’s licenseInsurance1803
Statements of information; admissibilityPenal1001.67
Substitution of bond for securitiesInsurance1802.71
Successor; bail licenseInsurance1802.2
Summary judgment; collectionPenal1305.3
Summary judgment; judgment lien on bail forfeiturePenal1280.1
Summary judgment; notice of entryPenal1308
Sureties; justification; qualifications of bailPenal1279
Sureties; numberPenal1287
Sureties; number; bail undertaking; formPenal1278
Surety insurers; admitted; undertakings byPenal1459
Surety; notice to; declaration of forfeiturePenal1305
Surrender before forfeiture; money deposit returnPenal1302
Surrender of arrestee to custody; return of premiumsTitle 102090
Surrender; arrest for purposePenal1301
Surrender; who may make; methodPenal1300
Suspension of licenseInsurance1668.5
Suspension of licenseInsurance1813
Suspension of license; groundsInsurance1806/1807
Suspension; copartnershipTitle 102061.4
Suspension; hearingInsurance1807.5
Taking of bail; definedPenal1269
Temporarily conducting business; recordsTitle 102101.3
Temporary licenseTitle 102065
Theft of funds; fiduciariesInsurance1733
Threats to victim; setting bailPenal1275
Time for exoneration; notice to courtPenal1304
Transact; definedInsurance35
Transaction of bail; terms definedTitle 102054.3
Transactions; bail; written statements; contents; deliveryTitle 102083
Transactions; prohibited by unlicensed personsTitle 102068
Trust accountsInsurance1823
Undertaking by admitted surety insurersPenal1459
Undertaking for bail; number of sureties; formPenal1287/1278
Undertaking of bail; execution ofPenal1276
Undertaking; formPenal1316
Undertaking; order of releasePenal1280.1
Undertakings of bail; delivery; complianceTitle 102086
Unlawful rebatesTitle 102054.4
Unlawful solicitations; placeTitle 102074
Unlicensed persons; transactions; prohibitionsTitle 102068
Unpaid summary judgment; surety bail not acceptedPenal1308
Vacate forfeiturePenal1305
Vacate forfeiture; motionPenal1305.3
Variance from bail schedule; orderPenal1269c
Vehicle code; payment of bail depositsPenal1306.1
Verdict; general; proceedings; remand or commitmentPenal1166
Violations; fines and imprisonmentInsurance1814
Violations; past; power of CommissionerTitle 102053.1
Violent feloniesPenal1275
Waiver of rights of guarantor; prohibitedTitle 102087
Warrant; bail statementPenal982
Warrant; bench; issuancePenal1195
Warrant; entering into NCICPenal980
Warrant; entry into NCICPenal1196
Willful failure to appear; release on bailPenal1320.5