Existing law provides for the procedure of approving and accepting bail, and issuing an order for the appearance and release of an arrested person. Existing law requires the superior court judges in each county to prepare, adopt, and annually revise a uniform countywide schedule of bail, as specified, and requires the superior court judges, when adopting that schedule, to consider the seriousness of the offense charged and assign an additional amount of required bail for each aggravating or enhancing factor chargeable in the complaint, as specified.

This bill would, if a prosecuting agency files a motion to dismiss a complaint or indictment within 21 days of the defendant’s original arraignment and the defendant’s bond has been exonerated, or if the prosecuting agency fails to file charges within 21 days of the posting of the arrestee’s bail surety bond, the arrestee has not missed any court appearances where the arrestee’s presence is mandatory, and the arrestee’s bond has been exonerated, require the court to order the licensed bail surety agent to provide a refund to the entities or persons who were billed the money or property to the bail bond licensee of an amount equal to any bail premium paid, less an administrative reimbursement for an amount equal to 2% of the bond liability amount and the premium tax paid to the state by a licensed surety company in connection with the posting of the bail bond. The bill would apply only to a bail surety bond entered into on or after January 1, 2026.

This bill would make these provisions severable.