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People v. Surety Insurance Co.2/11/1983
eded for the bail to attach to the new proceeding.
If noticed, the surety has the opportunity to appraise the added risk whether real or imagined, decline to assume it and surrender the defendant even though section 1303 does not spell out that remedy. Section 1300 permits the surrender of the defendant by the bail and upon such surrender the bail may secure exoneration of the undertaking. (County of L. A. v. Stuyvesant Ins. Co. (1964) 227 Cal. App. 2d 428, 431 [38 Cal. Rptr. 713].)
As Resolute, supra, 50 Cal. App. 3d 433, points out, section 1303 confers a benefit upon the defendant. He avoids the expense of a premium for a second bail because the first bail transfers to the new complaint. He remains at large. We perceive no benefit conferred upon the surety by reason of the transfer. Indeed, on our analysis, substantial detriment may accrue by virtue of an increased risk.
Section 1305 affirmatively provides for bail exoneration for failure to give required notice. Section 1303 simply says bail does not exonerate during a 15-day period following transfer. Statutory omission of exoneration consequences for failure to give notice is not determinative in view of the overriding purposes served by the giving of notice.
We conclude that the failure of the court to give notice to the surety within 15 days of the transfer of the bail to the new complaint exonerates the undertaking, even though we deal here with a renumbered complaint charging the same offense and identical parties. As we have shown, the characterization of an offense as arising from the same act or omission is complex requiring exhaustive analysis of facts and law in a myriad of circumstances. The surety undertakes to answer for the defendant's failure to appear at proceedings concerning a specific complaint charging specific offenses. He is entitled to stand on his contract.
We hold section 1303 requires the called-for notice of transfer of the bail without regard to similarity of the pleadings or the parties. The surety need not show prejudice. For whatever reason, he is entitled to reexamine his risk upon the transfer. This he can do only upon notice. For lack of notice, the bail exonerates.
Judgment reversed.
Disposition
Judgment reversed.
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