SB562 - Bail.

Amended IN Assembly June 16, 2026 Amended IN Assembly July 08, 2025 Amended IN Senate May 23, 2025 Amended IN Senate April 24, 2025 Amended IN Senate April 10, 2025 Amended IN Senate March 26, 2025 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Senate Bill No. 562 Introduced by Senator Ashby February 20, 2025 An act to add Section 1302.5 to the Penal Code, relating to bail. LEGISLATIVE COUNSEL'S DIGEST SB 562, as amended, Ashby. Bail. 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. This bill would require a court, if, within 21 days after the posting of a bond by a defendant, the terms and conditions of the bond are changed or altered or the charges against the defendant are dismissed, either by order of the court or upon the motion of the district attorney, after a hearing, to order a compensated surety to refund up to 80% of the premium paid by a defendant, if necessary and supported by factual findings, if the court finds that one party unfairly benefits or receives something of value at another party’s expense, and the interests of justice require them to return the maximum allowable premium or otherwise compensate the other party. The bill would prohibit a court from ordering a refund of any premium if more than 30 days have elapsed after posting of a bond by a defendant. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO YES Local Program: NO Bill Text The people of the State of California do enact as follows: SECTION 1. Section 1302.5 is added to the Penal Code, to read: 1302.5. (a) A court shall order relief for a defendant or arrestee pursuant to subdivision (c) under any of the following circumstances: (1) The 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. (2) 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. (b) The court shall order the relief for the defendant or arrestee within 30 days of the defendant or arrestee becoming eligible pursuant to subdivision (a). (c) (1) For a defendant eligible pursuant to paragraph (1) of subdivision (a), the court shall 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 percent 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. (2) For an arrestee eligible pursuant to paragraph (2) of subdivision (a), the court shall 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 percent 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. (d) The provisions of this section are severable. If any provisions of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (e) This section shall only apply to a bail surety bond entered into on or after January 1, 2026. 1302.5. (a) If, within 21 days after the posting of a bond by a defendant, the terms and conditions of the bond are changed or altered or the charges against the defendant are dismissed, either by the order of court or upon the motion of the district attorney, the court, after a hearing, shall order a compensated surety to refund up to 80 percent of the premium amount paid by the defendant if necessary and supported by factual findings, if the court finds that one party unfairly benefits or receives something of value at another party’s expense, and the interests of justice require them to return the maximum allowable premium or otherwise compensate the other party. If more than 30 days have elapsed after posting a bond by a defendant, the court shall not order the refund of any premium. (b) Reincarceration of the defendant on separate charges is not included among the additional grounds for exoneration of the surety. (c) The 30-day limitation applies only to the interval between the posting of the bond and any changes in its terms or conditions, and not to the time within which an order for refund of bond premium shall be entered.