Store Research
ASSEMBLY BILL 476 (BAUGH – 1999)
CHAPTER 570, STATUTES OF 1999 - AB 476
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As enacted, Assembly bill 476 amended Penal Code sections 1166, 1305, 1305.4 and 1308 relating to bail. (See Exhibit #1f) Assembly member Scott Baugh introduced this measure on February 18, 1999 and Assembly member Dick Ackerman was added as a co-author of the bill on July 6, 1999. (See Exhibit s #1a and #1d) The source of Assembly Bill 476, according to the Senate Policy Committee Analysis, was the California Bail Agents Association. (See Exhibits #8 and #10)
Following its introduction, the Assembly and Senate Committees on Public Safety considered the policy issues raised by the bill. (See Exhibits #3 and #8) The Assembly and Senate Committees on Appropriation examined its fiscal implications. (See Exhibits #2 and #5) Assembly Bill 476 was amended four times while pending in the Legislature, twice in each House. (See Exhibits #1b through #1e and #2) Subsequent to unanimous legislative approval, Governor Gray Davis signed the measure into law on September 28, 1999 as Chapter 570 of the Statutes of 1999. (See Exhibits #1f and #2)
Assembly Bill 476 as last amended was described as follows by the Third Reading Analysis:
DIGEST: This bill would direct a court to consider a defendant’s background, crime of conviction and risk of flight when determining whether to leave a defendant out on bail pending sentencing.
This bill would clarify the statutes that allow surety insurer, the surety or the bail agent to avoid forfeiture (exonerate bail) where an absconding defendant is returned to court within 180 days, or within an additional 180 days upon motion of the agent, and to ease the requirements for avoiding forfeiture.
This bill would extend from 20 days to 30 days the time before a bail forfeiture-related summary judgment against a bail surety is enforced and the surety barred from offering bail.
(See Exhibit #10, page 1)