California 2017-2018 Regular Session Status: Passed Senate

SB 898 — Bail: surety insurers.

Last action — June 27 set for second hearing canceled at the request of author.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2017-2018 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law generally regulates the undertaking of bail and the licensing of bail agents, bail permittees, and bail solicitors. Existing law requires an insurer executing an undertaking of bail to do so through a person holding a bail license. Existing law authorizes the Insurance Commissioner to issue bail licenses and to regulate bail licensees. Existing law makes it a public offense to violate these provisions, or any rule of the commissioner made pursuant to these provisions, and makes a violation punishable by a fine not exceeding $10,000, or by imprisonment as specified, or by both that fine and imprisonment. This bill would require a surety insurer to report specified information, such as the number and total face value of bail bonds written in the state, to the Insurance Commissioner, the Judicial Council, and the Attorney General on a quarterly and annual basis. Beginning January 1, 2020, the bill would require a bail licensee to post the terms and conditions of its bail contracts on its Internet Web site in English, Spanish, Chinese, Tagalog, Vietnamese, and Korean. The bill, beginning January 1, 2020, would require a bail licensee to provide a bail contract and supporting documents at specified times in plain English, and translations in 5 specified languages upon request. The bill would require a translated document to state in both that language and English that the English version is the official version, and would subject an insurer that knowingly misrepresents information in another language to the penalties for unfair and deceptive acts or practices, effective January 1, 2020. The bill would also require a notice of appointment filed by a bail license applicant to include a copy of a contract between the applicant an a surety insurer, and would require the applicant to provide an updated agreement to the Insurance Commissioner if the contract is amended or superseded. By creating new crimes, the bill would impose a state-mandated local program. The bill would also make related legislative findings and declarations. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. June 27 set for second hearing canceled at the request of author.

  2. June 20 set for first hearing canceled at the request of author.

  3. Referred to Com. on INS.

  4. In Assembly. Read first time. Held at Desk.

  5. Read third time. Passed. (Ayes 27. Noes 11. Page 4344.) Ordered to the Assembly.

  6. Read second time. Ordered to third reading.

  7. From committee: Do pass. (Ayes 5. Noes 2. Page 4298.) (May 25).

  8. Set for hearing May 25.

  9. May 22 hearing: Placed on APPR. suspense file.

  10. Set for hearing May 22.

  11. Read second time and amended. Re-referred to Com. on APPR.

  12. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 0. Page 4884.) (April 25).

  13. Set for hearing April 24.

  14. Re-referred to Com. on INS.

  15. From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  16. Referred to Com. on RLS.

  17. From printer. May be acted upon on or after February 15.

  18. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Bonta · Cosponsor
  • Hertzberg · Primary

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on · 2 voted No

Sponsors (1)

  • Hertzberg

Co-sponsors (1)

  • Bonta

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

3rd Reading SB898 Hertzberg et al.

Passed 27 Yea · 11 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 221101
Democratic 5000
Total 271101
% of votes cast 69%28%0%3%
How each member voted (39)
Member Party Vote
Anderson — Nay
Bradford — Yea
Hueso — Yea
Morrell — Nay
Nielsen — Nay
Pan — Yea
Dodd — Yea
Galgiani — Yea
Fuller — Nay
Bates — Nay
Glazer — Yea
Cannella — Nay
Portantino — Yea
Allen — Yea
Hernandez — Yea
Atkins — Yea
Mitchell — Yea
De León — Yea
Hertzberg — Yea
Beall — Yea
Hill — Yea
Lara — Yea
Leyva — Yea
Monning — Yea
Moorlach — Nay
Newman — Yea
Roth — Yea
Skinner — Yea
Vidak — Nay
Wieckowski — Yea
Wilk — Nay
Beth Gaines — Nay
Bill Berryhill — Not Voting
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Do pass

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4200
Democratic 1000
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Bates — Nay
Beall — Yea
Bradford — Yea
Hill — Yea
Nielsen — Nay
Lara — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Beall — Yea
Bradford — Yea
Lara — Yea
Hill — Yea
Nielsen — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations]

Passed 8 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 8005
Total 8005
% of votes cast 62%0%0%38%
How each member voted (13)
Member Party Vote
Hernandez — Yea
Lara — Yea
Morrell — Not Voting
Hueso — Yea
Moorlach — Not Voting
Newman — Yea
Mitchell — Yea
Portantino — Yea
Roth — Yea
Galgiani — Not Voting
Glazer — Yea
Beth Gaines — Not Voting
Bill Berryhill — Not Voting

Official roll call →

Subjects

public-safety finance
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Frequently asked questions

What does SB 898 do?
Existing law generally regulates the undertaking of bail and the licensing of bail agents, bail permittees, and bail solicitors. Existing law requires an insurer executing an undertaking of bail to do so through a person holding a bail license. Existing law authorizes the Insurance Commissioner to issue bail licenses and to regulate bail licensees. Existing law makes it a public offense to violate these provisions, or any rule of the commissioner made pursuant to these provisions, and makes a violation punishable by a fine not exceeding $10,000, or by imprisonment as specified, or by both that fine and imprisonment. This bill would require a surety insurer to report specified information, such as the number and total face value of bail bonds written in the state, to the Insurance Commissioner, the Judicial Council, and the Attorney General on a quarterly and annual basis. Beginning January 1, 2020, the bill would require a bail licensee to post the terms and conditions of its bail contracts on its Internet Web site in English, Spanish, Chinese, Tagalog, Vietnamese, and Korean. The bill, beginning January 1, 2020, would require a bail licensee to provide a bail contract and supporting documents at specified times in plain English, and translations in 5 specified languages upon request. The bill would require a translated document to state in both that language and English that the English version is the official version, and would subject an insurer that knowingly misrepresents information in another language to the penalties for unfair and deceptive acts or practices, effective January 1, 2020. The bill would also require a notice of appointment filed by a bail license applicant to include a copy of a contract between the applicant an a surety insurer, and would require the applicant to provide an updated agreement to the Insurance Commissioner if the contract is amended or superseded. By creating new crimes, the bill would impose a state-mandated local program. The bill would also make related legislative findings and declarations. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors SB 898?
SB 898 is sponsored by Bonta and Hertzberg.
What is the current status of SB 898?
This bill died with 2017-2018 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 898?
Track SB 898 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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