Section 1269 Of Article 1. In What Cases The Defendant May Be Admitted To Bail From California Penal Code >> Title 10. >> Part 2. >> Chapter 1. >> Article 1.
1269
. The taking of bail consists in 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 bond and the name or names of
the surety or sureties thereon. In the event of the loss or
destruction of such bond, such entries so made shall be prima facie
evidence of the due execution of such bond as required by law.
Whenever any bail bond has been deposited in any criminal action
or proceeding in a municipal or superior court or in any proceeding
in habeas corpus in a superior court, and it is made to appear to the
satisfaction of the court by affidavit or by testimony in open court
that more than three years have elapsed since the exoneration or
release of said bail, the court must direct that such bond be
destroyed.