Bail Bondsman May Arrest Person

Any person released pursuant to this Chapter on a deposit by a third person or an appearance bond secured by a surety, may be arrested by the depositor, surety, or his agent, and delivered to the custody of the Chief of Police. The depositor or surety shall at the same time deliver a copy of his deposit receipt or bond to the Director who shall acknowledge such delivery by a certificate in writing. The Chief of Police shall take custody of the person arrested and forthwith file the copy of the deposit receipt or bond and his certificate in the Court in which the action is pending and bring the depositor or surety exonerated, and shall, after notice to the prosecuting attorney, either release the person on such new conditions as are reasonably necessary to assure the person’s appearance as required or the safety of any other person and the community or detain the person until he/she has furnished the necessary security. SOURCE: Added by P.L. 13-186 (Sept. 2, 1976). Amended by P.L. 24- 239:12 (Aug. 14, 1998). NOTE: Section 40.45 is based on 18 U.S.C. § 3124, former §§ 1300- 1301, and portion of former Rule 46(g). The section continues the generally recognized authority of the depositor or surety to surrender his principal and obtain exoneration. The section also makes clear the court must then review its release decision and either impose new conditions or detain the accused until a proper appearance bond is provided. For law did not permit deposits by a third person. This however, has been changed in conformity with a procedure authorized in California. Compare Cal. Pen. Code §§ 1295, 1300.