Cal. Codes » Penal Code / PART 2. OF CRIMINAL PROCEDURE / TITLE 10. MISCELLANEOUS PROCEEDINGS / CHAPTER 1. Bail / ARTICLE 7. Forfeiture of the Undertaking of Bail or of the Deposit of Money
California Codes

Cal. Penal Code § 1305.1 (2026)

✓ current as of May 2026
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If the defendant fails to appear for arraignment, trial, judgment, or upon any other occasion when his or her appearance is lawfully required, but the court has reason to believe that sufficient excuse may exist for the failure to appear, the court may continue the case for a period it deems reasonable to enable the defendant to appear without ordering a forfeiture of bail or issuing a bench warrant.

If, after the court has made the order, the defendant, without sufficient excuse, fails to appear on or before the continuance date set by the court, the bail shall be forfeited and a warrant for the defendant’s arrest may be ordered issued.

Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 1986–2025 · leading case: People v. Sue Sarkis Bail Bonds, 182 Cal. App. 3d 650 (Cal. Ct. App. 1986).
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People v. Sue Sarkis Bail Bonds, 182 Cal. App. 3d 650 (Cal. Ct. App. 1986). “” 5 Penal Code section 1305.1: “If an assessment is made a condition of discharging the forfeiture under Section 1305, the clerk of the court shall within 30 days mail notice thereof to the surety or depositor at the address of its principal office and shall execute a…”
People v. The North River Ins. Co. CA6 (Cal. Ct. App. 2025). · cites it 2× “” (Pen. Code, § 1305.1.) Timely forfeiture is crucial to allow a surety to “institute procedures to locate and compel the appearance of the bailee.”
Hernandez v. Dept. of Motor Vehs. (Cal. Ct. App. 2020). “With respect to whether the person failed to appear intentionally, in an analogous setting—the determination of whether a bailed defendant who failed to appear has demonstrated a “sufficient excuse” to avoid a bench warrant or bail forfeiture (Pen. Code, § 1305.1)—it has been…”
People v. Allegheny Cas. Co. CA4/3 (Cal. Ct. App. 2025). “(Pen. Code, § 1305.1.) 5 because the DA notice was not a court order and could not lawfully require the defendant to appear, it is not, as a matter of law, a sufficient excuse for 4 his failure to appear.”
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