People v. American Contractors Indemnity Co.

A surety for a bail bond agent appeals from an order denying its motion to vacate forfeiture of bail and to exonerate the bond in a criminal action against defendant Eusebio Soza. The surety contends that the failure to enter a bench warrant for defendant into the National Crime Information Center (NCIC) system prevented defendant from being arrested and taken into custody and thus requires exoneration of all liability on the bond pursuant to Penal Code section 980, subdivision (b). Subdivision (b) of section 980 was amended in 1998, and the amended version of the statute relied on by the surety became effective on January 1, 1999, shortly after the order appealed from herein. (Stats. 1998, ch. 520, § 2.) The surety argues that the amended version of the statute should apply to this case under People v. Durbin (1966) 64 Cal.2d 474 [ 50 Cal.Rptr. 657 , 413 P.2d 433 ] (Durbin), which provides that a statute involving the “elimination of the power of forfeiture” or the “repeal of a civil penalty or forfeiture” applies retroactively, so long as the judgment is not final. (Id. at p. 478.) We agree with the surety. Under the facts of this case, the application of amended…