Pen. Code, § 1305.5 · Article 7. Forfeiture of the Undertaking of Bail or of the Deposit of Money
Pen. Code, § 1305.5
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
Notwithstanding Sections 85, 580, 904.1, and 904.2 of the Code of Civil Procedure, the following rules apply to an appeal from an order of the superior court on a motion to vacate a bail forfeiture declared under Section 1305:
(a) If the amount in controversy exceeds thirty-five thousand dollars ($35,000), the appeal is to the court of appeal and shall be treated as an unlimited civil case.
(b) Except as provided in subdivision (c), if the amount in controversy does not exceed thirty-five thousand dollars ($35,000), the appeal is to the appellate division of the superior court and shall be treated as a limited civil case.
(c) If the bail forfeiture was in a felony case, or in a case in which both a felony and a misdemeanor were charged, and the forfeiture occurred at or after the sentencing hearing or after the indictment or the legal commitment by a magistrate, the appeal is to the court of appeal and shall be treated as an unlimited civil case.
Notes and commentary — not statutory text
History
Amended by Stats. 2023, Ch. 861, Sec. 14. (SB 71) Effective January 1, 2024.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=1305.5.
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- sha256 ad48c86a0647a9439a31215fc34d97602fe4ed765a5162c95462c90ee2fb5d06
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- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Code of Civil Procedure
- Code Civ. Proc., § 85Printed as Sections 85, 580, 904.1, and 904.2 of the Code of Civil Procedure
- Code Civ. Proc., § 580Printed as Sections 85, 580, 904.1, and 904.2 of the Code of Civil Procedure
- Code Civ. Proc., § 904.1Printed as Sections 85, 580, 904.1, and 904.2 of the Code of Civil Procedure
- Code Civ. Proc., § 904.2Printed as Sections 85, 580, 904.1, and 904.2 of the Code of Civil Procedure
Penal Code
Cited by 1 provision
Provisions in this library whose text cites Pen. Code, § 1305.5. Each shows the citation as that text prints it.
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