SB 562: Bail. - California

07/08/25 - Amended Assembly → 06/16/26 - Amended Assembly · 6 edits · Jun 16, 2026

MODERATE

SB 562 was substantially expanded to add a new refund mechanism for bail bond premiums when bond terms are changed or charges are dismissed within 21 days of posting. The new provision allows courts to order compensated sureties to refund up to 80 percent of the premium, subject to factual findings about unfair benefit and a 30-day outer limit. The original provision was also clarified by removing redundant language and separating bond exoneration from the refund order.

SCOPE

A new section (appearing as a second Section 1302.5) was added that requires courts to order compensated sureties to refund up to 80 percent of the bail premium when bond terms or conditions are changed or charges are dismissed within 21 days of posting, provided the court makes factual findings that one party unfairly benefits at another's expense and the interests of justice require it.

TIMELINE

A 30-day outer limit was added: if more than 30 days have elapsed after posting of a bond, the court shall not order a refund of any premium under the new provision.

ELIGIBILITY

The new provision explicitly states that reincarceration of the defendant on separate charges is NOT included among the grounds for exoneration of the surety, limiting the scope of when refunds can be ordered.

TECHNICAL

A clarifying subsection was added stating that the 30-day limitation applies only to the interval between posting of the bond and any changes in its terms or conditions, not to the time within which a court order for refund must be entered.

Redundant language 'and bond' was removed from subdivision (a)(2), changing 'the posting of the arrestee's bail surety bond and bond' to simply 'the posting of the arrestee's bail surety bond.'

REQUIREMENT

In the original provision (subdivision c(2)), the requirement that the court 'exonerate the bond' as part of its relief order was removed. Bond exoneration remains a prerequisite condition in subdivision (a)(2) but is no longer listed as something the court must order as part of the refund remedy.

06/16/26 - Amended Assembly → SB562 · 1 edit

MINOR

No substantive policy changes occurred between these two versions of SB 562. The differences are entirely formatting and presentation: the old version used a traditional legislative document layout with line numbers and page breaks, while the new version is a reformatted (likely web-based) rendering of the same statutory text. All operative provisions of Section 1302.5 remain identical.

TECHNICAL

The bill text was reformatted from a traditional legislative document layout (with line numbers, page headers, and specific spacing) to a web-based presentation format. No changes to the actual statutory language or policy content were made.

05/23/25 - Amended Senate → 07/08/25 - Amended Assembly · 5 edits · Jul 8, 2025

MODERATE

The Assembly amendment makes bail bond refund relief automatic rather than requiring the defendant or arrestee to file an application with the court. It also adds a requirement that the arrestee's bond must have been exonerated before relief applies in the no-charge scenario, clarifies that the 21-day clock runs from the 'original arraignment,' and adds a severability clause.

Scope change

The bill's scope is largely unchanged (still applies only to bail surety bonds entered into on or after January 1, 2026), but the mechanism for obtaining relief shifted from an application-based process to an automatic court-ordered process, making it easier for defendants and arrestees to receive refunds without taking affirmative legal action.

REQUIREMENT

The court must now automatically order relief within 30 days of eligibility. The previous version required the defendant or arrestee to file an application for relief, which is no longer necessary.

ELIGIBILITY

For the no-charge scenario (subdivision a(2)), a new condition was added: the arrestee's bond must have been exonerated. Previously only the failure to file charges within 21 days and no missed mandatory appearances were required.

DEFINITION

The 21-day period in subdivision (a)(1) now runs from the defendant's 'original arraignment' rather than simply 'arraignment,' clarifying that subsequent arraignments do not restart the clock.

The effective date language changed from 'bail contract surety bond' to 'bail surety bond,' a minor terminology adjustment. The January 1, 2026 effective date is unchanged.

TECHNICAL

A severability clause was added stating that if any provision is held invalid, it will not affect other provisions or applications of the section.

04/24/25 - Amended Senate → 05/23/25 - Amended Senate · 5 edits · May 23, 2025

MODERATE

The May 23 amendment to SB 562 transforms the bail bond refund process from a discretionary application-based system into a mandatory, court-ordered relief mechanism. Previously, a defendant or arrestee had to file an application within 30 days of becoming eligible; now the court is required to order relief within 30 days of eligibility without requiring any application. This removes procedural barriers for defendants and makes refunds more automatic when prosecutors dismiss charges or fail to file within 21 days.

REQUIREMENT

Subdivision (a) changed from 'A defendant or arrestee may apply to the court for relief' to 'A court shall order relief for a defendant or arrestee,' shifting from a permissive application process to a mandatory court action.

Subdivision (c) language changed from 'Upon receiving an application pursuant to' to 'For a defendant/arrestee eligible pursuant to,' reinforcing that no application is needed - eligibility alone triggers the court's duty to order a refund.

TIMELINE

Subdivision (b) changed the 30-day deadline from a filing requirement on the defendant or arrestee ('shall file for that relief within 30 days') to a deadline on the court to act ('The court shall order the relief...within 30 days of the defendant or arrestee becoming eligible').

DEFINITION

The refund amount in paragraph (1) was clarified from 'any bail premium billed, paid' to simply 'any bail premium paid,' removing ambiguity about whether the billed or paid amount governs.

SCOPE

Subdivision (d) changed 'bail contract' to 'bail contract surety bond,' making the effective-date applicability language more specific to the type of instrument covered.

04/10/25 - Amended Senate → 04/24/25 - Amended Senate · 6 edits · Apr 24, 2025

MODERATE

The April 24 amendment significantly narrowed the bill's refund mechanism by removing an automatic return provision that applied when no charges were filed at arraignment, and by adding new conditions to the remaining application-based relief. The bail bond licensee's right to retain a 10 percent surcharge was also eliminated. These changes make it harder for arrestees to recover their bail premium and shift the process from an automatic court order to one requiring the defendant or arrestee to affirmatively apply.

REQUIREMENT

Removed the provision that required the court to automatically order a return of money or property when the initial arraignment hearing resulted in no charges being filed. This was a mandatory, no-application-needed refund mechanism.

Split the refund provision into two separate calculations. For motion to dismiss, the refund is based on premium 'billed, paid.' For failure to file charges, the court must first exonerate the bond, and the refund is based only on premium 'paid' (not billed).

FISCAL

Removed the provision allowing the bail bond licensee to retain a surcharge not to exceed 10 percent of what was billed plus court fees paid on behalf of the arrestee.

ELIGIBILITY

Added a new condition for the motion-to-dismiss scenario: the defendant's bond must have been exonerated before relief is available.

Added a new condition for the failure-to-file-charges scenario: the arrestee must not have missed any court appearances where their presence was mandatory.

SCOPE

Changed language from singular 'entity or person who was billed' to plural 'entities or persons who were billed,' broadening coverage to situations where multiple parties paid toward the bail premium.

03/26/25 - Amended Senate → 04/10/25 - Amended Senate · 4 edits · Apr 10, 2025

MODERATE

SB 562 was amended to narrow the first refund trigger from any court disposition to specifically the initial arraignment hearing, and to add a new provision allowing defendants or arrestees to seek a bail premium refund when prosecutors dismiss charges within 21 days of arraignment or fail to file charges within 21 days of bail posting. The new provision uses a different refund calculation (premium minus a 2 percent administrative fee and state premium tax) compared to the original provision (which allows the bail bond licensee to retain up to 10 percent plus court fees).

Scope change

The bill's scope expanded to cover a new scenario (prosecutorial dismissal or failure to file charges within 21 days) while simultaneously narrowing the existing refund trigger to only the initial arraignment hearing rather than any court disposition of the arrest.

SCOPE

The trigger for the first refund was narrowed from 'the court's disposition of the arrest' to specifically 'the initial arraignment hearing after the arrest results in no charges being filed,' limiting when this particular refund applies.

ELIGIBILITY

A new provision allows a defendant or arrestee to apply to the court for relief if the prosecuting agency files a motion to dismiss within 21 days of arraignment, or fails to file charges within 21 days of the posting of the bail surety bond.

TIMELINE

The new provision requires the defendant or arrestee to file for relief within 30 days of becoming eligible.

FISCAL

Under the new provision, the refund equals the bail premium billed minus an administrative reimbursement of 2 percent of the bond liability amount and the premium tax paid to the state by a licensed surety company. This differs from the original provision where the bail bond licensee could retain up to 10 percent plus court fees.

02/20/25 - Introduced → 03/26/25 - Amended Senate · 1 edit · Mar 26, 2025

MINOR

The Senate amendment narrows the trigger for mandatory bail refunds. The original bill required a refund whenever the court's disposition of an arrest resulted in no charges being filed (which could include later dismissals). The amended version limits this to cases where no charges are filed at the initial arraignment hearing after the arrest, meaning bail bond licensees would not be required to return funds if charges were initially filed but later dropped.

Scope change

The bill's applicability was narrowed: the refund requirement now applies only to cases where no charges result from the initial arraignment hearing, rather than any disposition that ultimately results in no charges being filed.

ELIGIBILITY

The condition for a mandatory bail refund was narrowed from any court disposition resulting in no charges being filed to specifically the initial arraignment hearing after the arrest. This means bail bond licensees are only required to return funds if the case is dismissed at the very first arraignment, not if charges are later dropped at a subsequent stage.

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