PC 1275.1

January 24, 2011 by  
Filed under PC 1275

1275.1.  (a) Bail, pursuant to this chapter, shall not be accepted
unless a judge or magistrate finds that no portion of the
consideration, pledge, security, deposit, or indemnification paid,
given, made, or promised for its execution was feloniously obtained.
   (b) A hold on the release of a defendant from custody shall only
be ordered by a magistrate or judge if any of the following occurs:
   (1) A peace officer, as defined in Section 830, files a
declaration executed under penalty of perjury setting forth probable
cause to believe that the source of any consideration, pledge,
security, deposit, or indemnification paid, given, made, or promised
for its execution was feloniously obtained.
   (2) A prosecutor files a declaration executed under penalty of
perjury setting forth probable cause to believe that the source of
any consideration, pledge, security, deposit, or indemnification
paid, given, made, or promised for its execution was feloniously
obtained. A prosecutor shall have absolute civil immunity for
executing a declaration pursuant to this paragraph.
   (3) The magistrate or judge has probable cause to believe that the
source of any consideration, pledge, security, deposit, or
indemnification paid, given, made, or promised for its execution was
feloniously obtained.
   (c) Once a magistrate or judge has determined that probable cause
exists, as provided in subdivision (b), a defendant bears the burden
by a preponderance of the evidence to show that no part of any
consideration, pledge, security, deposit, or indemnification paid,
given, made, or promised for its execution was obtained by felonious
means. Once a defendant has met such burden, the magistrate or judge
shall release the hold previously ordered and the defendant shall be
released under the authorized amount of bail.
   (d) The defendant and his or her attorney shall be provided with a
copy of the declaration of probable cause filed under subdivision
(b) no later than the date set forth in Section 825.
   (e) Nothing in this section shall prohibit a defendant from
obtaining a loan of money so long as the loan will be funded and
repaid with funds not feloniously obtained.
   (f) At the request of any person providing any portion of the
consideration, pledge, security, deposit, or indemnification paid,
given, made, or promised for its execution, the magistrate or judge,
at an evidentiary hearing to determine the source of the funds, may
close it to the general public to protect the person's right to
privacy in his or her financial affairs.
   (g) If the declaration, having been filed with a magistrate or
judge, is not acted on within 24 hours, the defendant shall be
released from custody upon posting of the amount of bail set.
   (h) Nothing in this code shall deny the right of the defendant,
either personally or through his or her attorney, bail agent licensed
by the Department of Insurance, admitted surety insurer licensed by
the Department of Insurance, friend, or member of his or her family
from making an application to the magistrate or judge for the release
of the defendant on bail.
   (i) The bail of any defendant found to have willfully misled the
court regarding the source of bail may be increased as a result of
the willful misrepresentation. The misrepresentation may be a factor
considered in any subsequent bail hearing.
   (j) If a defendant has met the burden under subdivision (c), and a
defendant will be released from custody upon the issuance of a bail
bond issued pursuant to authority of Section 1269 or 1269b by any
admitted surety insurer or any bail agent, approved by the Insurance
Commissioner, the magistrate or judge shall vacate the holding order
imposed under subdivision (b) upon the condition that the
consideration for the bail bond is approved by the court.
   (k) As used in this section, "feloniously obtained" means any
consideration, pledge, security, deposit, or indemnification paid,
given, made, or promised for its execution which is possessed,
received, or obtained through an unlawful act, transaction, or
occurrence constituting a felony.

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