California · Penal Code

PEN §1463.009: Notwithstanding Section 1463, all bail forfeitures that are collected from any source in a case in which a defendant is charged and convicted of a violation of Section 261, 264.

Civil

What this law says, in plain English

This statute directs how bail forfeitures collected in cases involving sexual offenses, violent felonies, or serious felonies must be allocated: first to reimburse county administrative costs, then to satisfy victim judgments or restitution orders, with any remainder handled under standard procedures.

Read the full statutory text

Notwithstanding Section 1463, all bail forfeitures that are collected from any source in a case in which a defendant is charged and convicted of a violation of Section 261, 264.1, 286, 287, 288, 288.5, or 289, or former Section 288a, or of a violent felony as defined in subdivision (c) of Section 667.5 or a serious felony as defined in subdivision (c) of Section 1192.7, and that are required to be deposited with the county treasurer shall be allocated according to the following priority: (a) The county shall be reimbursed for reasonable administrative costs for the collection of the forfeited property, the maintenance and preservation of the property, and the distribution of the property pursuant to this section. (b) Out of the remainder of the forfeited bail money, a total of up to 50 percent shall be distributed in the amount necessary to satisfy any civil court judgment in favor of a victim as a result of the offense or a restitution order due to a criminal conviction to a victim who was under 18 years of age at the time of the commission of the offense if the defendant is convicted under Section 261, 264.1, 286, 287, 288, 288.5, or 289, or former Section 288a, and to a victim of any age if the defendant has been convicted of a violent felony as defined in subdivision (c) of Section 667.5 or a serious felony as defined in subdivision (c) of Section 1192.7. (c) The balance of the amount collected shall be deposited pursuant to Section 1463.

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