Article 3. Bail Upon An Indictment Before Conviction of California Penal Code >> Title 10. >> Part 2. >> Chapter 1. >> Article 3.
When the offense charged is not punishable with death, the
officer serving the bench warrant must, if required, take the
defendant before a magistrate in the county in which it is issued, or
in which he is arrested, for the purpose of giving bail. If the
defendant appears before such magistrate without the bench warrant
having been served upon him, the magistrate shall deliver him into
the custody of the sheriff for the purpose of immediate booking and
the recording of identification data, whereupon the sheriff shall
deliver the defendant back before the magistrate for the purpose of
If the offense charged is punishable with death, the officer
arresting the defendant must deliver him into custody, according to
the command of the bench warrant.
When the defendant is so delivered into custody he must be
held by the Sheriff, unless admitted to bail on examination upon a
writ of habeas corpus.
(a) The bail shall be put in by a written undertaking,
executed by two sufficient sureties (with or without the defendant,
in the discretion of the court or magistrate), and acknowledged
before the court or magistrate, in substantially the following form:
An indictment having been found on the ____ day of ____, 20__, in
the Superior Court of the County of ____, charging ____ with the
crime of ____ (designating it generally) and he or she having been
admitted to bail in the sum of ____ dollars ($____), we, ____ and
____, of ____ (stating their place of residence and occupation),
hereby undertake that the above-named ____ will appear and answer any
charge in any accusatory pleading based upon the acts supporting the
indictment above mentioned, in whatever court it may be prosecuted,
and will at all times render himself or herself amenable to the
orders and process of the court, and, if convicted, will appear for
pronouncement of judgment or grant of probation; or, if he or she
fails to perform either of these conditions, that we will pay to the
people of the State of California the sum of ____ dollars ($____)
(inserting the sum in which the defendant is admitted to bail). If
the forfeiture of this bond be ordered by the court, judgment may be
summarily made and entered forthwith against the said (naming the
sureties, and the defendant if he or she be a party to the bond), for
the amount of their respective undertakings herein, as provided by
Sections 1305 and 1306.
(b) Every undertaking of bail shall contain the bail agent license
number of the owner of the bail agency issuing the undertaking along
with the name, address, and phone number of the agency, regardless
of whether the owner is an individual, partnership, or corporation.
The bail agency name on the undertaking shall be a business name
approved by the Insurance Commissioner for use by the bail agency
owner, and be so reflected in the public records of the commissioner.
The license number of the bail agent appearing on the undertaking
shall be in the same type size as the name, address, and phone number
of the agency.
The provisions contained in sections 1279, 1280, 1280a and
1281, in relation to bail before indictment, apply to bail after
After a defendant has been admitted to bail upon an
indictment or information, the Court in which the charge is pending
may, upon good cause shown, either increase or reduce the amount of
bail. If the amount be increased, the Court may order the defendant
to be committed to actual custody, unless he give bail in such
increased amount. If application be made by the defendant for a
reduction of the amount, notice of the application must be served
upon the District Attorney.