California Bounty Hunting Laws
How to Become a Bounty Hunter Practicing Fugitive Recovery as a Bail Enforcement Agent
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What Bounty Hunters Need to Know to

 

Lawfully Bounty Hunt in California

 

Transcribed by Christine and Nicole
























 





PART 2. OF CRIMINAL PROCEDURE [681 - 1620]

 

( Part 2 enacted 1872.)



TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424]

 

( Title 10 enacted 1872.)



CHAPTER 1. Bail [1268 - 1320.5]

 

( Chapter 1 enacted 1872. )

 

ARTICLE 6. Exoneration [1300 - 1304]

 

( Heading of Article 6 amended by Stats. 1971, Ch. 1790. )

 

California Penal Code §1300

 

(a) At any time before the forfeiture of their undertaking, or deposit by a third person, the bail or the depositor may surrender the defendant in their exoneration, or he may surrender himself, to the officer to whose custody he was committed at the time of giving bail, in the following manner:

 

(1) A certified copy of the undertaking of the bail, a certified copy of the certificate of deposit where a deposit is made, or an affidavit given by the bail licensee or surety company listing all that specific information that would be included on a certified copy of an undertaking of bail, must be delivered to the officer who must detain the defendant in his custody thereon as upon a commitment, and by a certificate in writing acknowledge the surrender.

 

(2) The bail or depositor, upon surrendering the defendant, shall make reasonable effort to give notice to the defendant’s last attorney of record, if any, of such surrender.

 

(3) The officer to whom the defendant is surrendered shall, within 48 hours of the surrender, bring the defendant before the court in which the defendant is next to appear on the case for which he has been surrendered. The court shall advise the defendant of his right to move the court for an order permitting the withdrawal of any previous waiver of time and shall advise him of the authority of the court, as provided in subdivision (b), to order return of the premium paid by the defendant or other person, or any part of it.

 

(4) Upon the undertaking, or certificate of deposit, and the certificate of the officer, the court in which the action or appeal is pending may, upon notice of five days to the district attorney of the county, with a copy of the undertaking, or certificate of deposit, and the certificate of the officer, order that the bail or deposit be exonerated. However, if the defendant is released on his own recognizance or on another bond before the issuance of such an order, the court shall order that the bail or deposit be exonerated without prejudice to the court’s authority under subdivision (b). On filing the order and papers used on the application, they are exonerated accordingly.

 

(b) Notwithstanding subdivision (a), if the court determines that good cause does not exist for the surrender of a defendant who has not failed to appear or has not violated any order of the court, it may, in its discretion, order the bail or the depositor to return to the defendant or other person who has paid the premium or any part of it, all of the money so paid or any part of it.

 

(Amended by Stats. 1998, Ch. 223, Sec. 1. Effective January 1, 1999.)

 

PART 2. OF CRIMINAL PROCEDURE [681 - 1620]

 

( Part 2 enacted 1872. )

 

TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424]

 

( Title 10 enacted 1872. )

 

CHAPTER 1. Bail [1268 - 1320.5]

 

( Chapter 1 enacted 1872. )

 

ARTICLE 6. Exoneration [1300 - 1304]

 

( Heading of Article 6 amended by Stats. 1971, Ch. 1790. )

 

California Penal Code §1301

 

For the purpose of surrendering the defendant, the bail or any person who has deposited money or bonds to secure the release of the defendant, at any time before such bail or other person is finally discharged, and at any place within the state, may himself arrest defendant, or by written authority indorsed on a certified copy of the undertaking or a certified copy of the certificate of deposit, may empower any person of suitable age to do so.

 

Any bail or other person who so arrests a defendant in this state shall, without unnecessary delay, and, in any event, within 48 hours of the arrest, deliver the defendant to the court or magistrate before whom the defendant is required to appear or to the custody of the sheriff or police for confinement in the appropriate jail in the county or city in which defendant is required to appear.

 

Any bail or other person who arrests a defendant outside this state shall, without unnecessary delay after the time defendant is brought into this state, and, in any event, within 48 hours after defendant is brought into this state, deliver the defendant to the custody of the court or magistrate before whom the defendant is required to appear or to the custody of the sheriff or police for confinement in the appropriate jail in the county or city in which defendant is required to appear.

 

Any bail or other person who willfully fails to deliver a defendant to the court, magistrate, sheriff, or police as required by this section is guilty of a misdemeanor.

 

The provisions of this section relating to the time of delivery of a defendant are for his benefit and, with the consent of the bail, may be waived by him. To be valid, such waiver shall be in writing, signed by the defendant, and delivered to such bail or other person within 48 hours after the defendant’s arrest or entry into this state, as the case may be. The defendant, at any time and in the same manner, may revoke said waiver. Whereupon, he shall be delivered as provided herein without unnecessary delay and, in any event within 48 hours from the time of such revocation.

 

If any 48-hour period specified in this section terminates on a Saturday, Sunday, or holiday, delivery of a defendant by a bail or other person to the court or magistrate or to the custody of the sheriff or police may, without violating this section, take place before noon on the next day following which is not a Saturday, Sunday, or holiday.

 

(Amended by Stats. 1965, Ch. 1859.)

 

 

Provided as a Courtesy of Bailspeak, 2014

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Please Feel to Ring the Bailspeak Registrar for Enrollment Information and Assistance at 1-877-726-9092

Bounty_Hunter_Body_Armor.jpg

Body Armor is often characterized as “bullet proof” by Hollywood and the public-at-large, but a more accurate description is “bullet resistant” and whether or not a particular rated type of Kevlar with or without specific type of ceramic plates will defeat this round or that.

 

Let us keep things simple as is, well, bulleted in the photo in terms of the very basic understandings of body armor for bounty hunters.

 

More information on body armor for bounty hunters may be a very specific block of instruction at any of Bailspeak’s California Department of Insurance Approved 20 Hour Bail Agent Pre-Licensing Classes with respect to students who have questions and will get answers accordingly.

 

Stay Safe and Watch Your Sixes ~ Rex