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H0450aa..............................by JUDICIARY, RULES AND ADMINISTRATION BAIL - Amends existing law relating to bail to set forth the purpose of bail; and to revise provisions applicable to the forfeiture of bail. 01/24 House intro - 1st rdg - to printing 01/25 Rpt prt - to Jud 02/24 Rpt out - to Gen Ord 03/02 Rpt out amen - to engros 03/03 Rpt engros - 1st rdg - to 2nd rdg as amen 03/06 2nd rdg - to 3rd rdg as amen 03/09 3rd rdg as amen - FAILED - 23-43-4 AYES -- Barraclough, Barrett, Bastian, Bayer, Bedke, Bilbao, Clark, Ellsworth, Field(18), Hart, Harwood, Henderson, Kemp, Loertscher, McKague, Moyle, Nielsen, Ring, Sali, Schaefer, Skippen, Smith(24), Mr. Speaker NAYS -- Anderson, Andrus, Bell, Black, Block, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon, Collins, Deal, Denney, Edmunson, Eskridge, Field(23), Garrett, Henbest, Jaquet, Lake, LeFavour, Martinez, Mathews, McGeachin, Miller, Mitchell, Pasley-Stuart, Pence, Raybould, Ringo, Roberts, Rusche, Rydalch, Sayler, Shepherd(2), Shirley, Smith(30), Smylie, Snodgrass, Stevenson, Trail, Wills Absent and excused -- Crow, Nonini, Shepherd(8), Wood Floor Sponsors - Clark & Bastian Filed in Office of the Chief Clerk
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 450 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO BAIL; AMENDING SECTION 19-2902, IDAHO CODE, TO REVISE DESCRIPTIVE 3 LANGUAGE AND TO SET FORTH THE PURPOSE OF BAIL; AND AMENDING SECTION 4 19-2927, IDAHO CODE, TO REVISE PROVISIONS APPLICABLE TO THE FORFEITURE OF 5 BAIL. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 19-2902, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 19-2902. TAKING OF BAIL DEFINED -- PURPOSE. (1) The taking of bail con- 10 sists in the acceptance by a competent court or magistrate, of the undertaking 11 of sufficient bail for the appearance of the defendant, according to the terms 12 of the undertaking, or that the bail will pay to the state a specified sum. 13 (2) The bail bond posted by a surety creates a monetary incentive for the 14 surety to locate and return to custody a defendant who fails to appear in 15 court. It is not the purpose of bail to generate revenue for the state of 16 Idaho. The provisions of this chapter shall be interpreted and applied in a 17 manner consistent with the purpose of bail as set forth in this section and 18 other applicable statutes and statewide court rules. 19 SECTION 2. That Section 19-2927, Idaho Code, be, and the same is hereby 20 amended to read as follows: 21 19-2927. FORFEITURE OF BAIL. (1) If, without sufficient excuse, the 22 defendantneglectsfails to appear before the court upon any occasion when his 23 presence has been ordered the court must immediately direct the fact to be 24 entered upon its minutes, order the forfeiture of the undertaking of bail, or 25 the money deposited instead of bail, as the case may be, and order the issu- 26 ance of a bench warrant for the arrest of the defendant. The clerk shall mail 27 written notice within five (5) days of the forfeiture for failure to appear to 28 the last known address of the person posting the undertaking of bail or, if 29 the bail consists of a surety bond, to the surety or its designated agent and 30 to the address of the bail agent listed on the bond. A failure to give accu- 31 rate and timely notice shall exonerate the bail or undertaking. If at any time 32 within ninety (90) days after such entry in the minutes, the defendant is 33 returned to custody or arrested on the underlying charge in Idaho or the 34 defendant voluntarily appears,and satisfactorily excuses his neglect,the 35 court shall direct the forfeiture of the undertaking or the deposit to be 36 exonerated. 37If within ninety (90) days of the date of forfeiture, a person, other than38the defendant, who has provided bail for the defendant, surrenders the defend-39ant to any Idaho peace officer, the undertaking of bail or deposits are40thereby exonerated.41 (2) The court which has forfeited the undertaking of bail, or the money 2 1 deposited instead of bail, may, before remittance of the forfeiture, and with 2 the written consent of the person posting the same, set aside the forfeiture 3 and reinstate the undertaking of bail or money deposited instead of bail. 4 (3) The surety, bail agency or bail agent shall have one hundred eighty 5 (180) days after remittance of the forfeiture to locate and return the defend- 6 ant to custody in Idaho. If the defendant is returned to custody or arrested 7 on the underlying charge in Idaho within one hundred eighty (180) days after 8 remittance of the forfeiture, the court shall refund and return the entire 9 payment of the remitted forfeited bail to the surety or bail agent, less an 10 administrative fee retained by the court not to exceed one hundred dollars 11 ($100).
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006Moved by Bastian Seconded by Clark IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.B. NO. 450 1 AMENDMENT TO SECTION 2 2 On page 2 of the printed bill, delete lines 7 through 11 and insert: "on 3 the underlying charge in Idaho due to the efforts of the surety, bail agency 4 and/or bail agent within one hundred eighty (180) days after remittance of the 5 forfeiture and upon written application and required notice by the surety or 6 bail agent, the court shall refund and return the entire payment of the remit- 7 ted forfeited bail to the surety or bail agent, less an administrative fee 8 retained by the court not to exceed one hundred dollars ($100). The lawful 9 authority of the bail to arrest the defendant within the state shall continue 10 during the one hundred eighty (180) day remittitur. Nothing herein abrogates 11 the common law authority of the bail to arrest the defendant.".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 450, As Amended BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO BAIL; AMENDING SECTION 19-2902, IDAHO CODE, TO REVISE DESCRIPTIVE 3 LANGUAGE AND TO SET FORTH THE PURPOSE OF BAIL; AND AMENDING SECTION 4 19-2927, IDAHO CODE, TO REVISE PROVISIONS APPLICABLE TO THE FORFEITURE OF 5 BAIL. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 19-2902, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 19-2902. TAKING OF BAIL DEFINED -- PURPOSE. (1) The taking of bail con- 10 sists in the acceptance by a competent court or magistrate, of the undertaking 11 of sufficient bail for the appearance of the defendant, according to the terms 12 of the undertaking, or that the bail will pay to the state a specified sum. 13 (2) The bail bond posted by a surety creates a monetary incentive for the 14 surety to locate and return to custody a defendant who fails to appear in 15 court. It is not the purpose of bail to generate revenue for the state of 16 Idaho. The provisions of this chapter shall be interpreted and applied in a 17 manner consistent with the purpose of bail as set forth in this section and 18 other applicable statutes and statewide court rules. 19 SECTION 2. That Section 19-2927, Idaho Code, be, and the same is hereby 20 amended to read as follows: 21 19-2927. FORFEITURE OF BAIL. (1) If, without sufficient excuse, the 22 defendantneglectsfails to appear before the court upon any occasion when his 23 presence has been ordered the court must immediately direct the fact to be 24 entered upon its minutes, order the forfeiture of the undertaking of bail, or 25 the money deposited instead of bail, as the case may be, and order the issu- 26 ance of a bench warrant for the arrest of the defendant. The clerk shall mail 27 written notice within five (5) days of the forfeiture for failure to appear to 28 the last known address of the person posting the undertaking of bail or, if 29 the bail consists of a surety bond, to the surety or its designated agent and 30 to the address of the bail agent listed on the bond. A failure to give accu- 31 rate and timely notice shall exonerate the bail or undertaking. If at any time 32 within ninety (90) days after such entry in the minutes, the defendant is 33 returned to custody or arrested on the underlying charge in Idaho or the 34 defendant voluntarily appears,and satisfactorily excuses his neglect,the 35 court shall direct the forfeiture of the undertaking or the deposit to be 36 exonerated. 37If within ninety (90) days of the date of forfeiture, a person, other than38the defendant, who has provided bail for the defendant, surrenders the defend-39ant to any Idaho peace officer, the undertaking of bail or deposits are40thereby exonerated.41 (2) The court which has forfeited the undertaking of bail, or the money 2 1 deposited instead of bail, may, before remittance of the forfeiture, and with 2 the written consent of the person posting the same, set aside the forfeiture 3 and reinstate the undertaking of bail or money deposited instead of bail. 4 (3) The surety, bail agency or bail agent shall have one hundred eighty 5 (180) days after remittance of the forfeiture to locate and return the defend- 6 ant to custody in Idaho. If the defendant is returned to custody or arrested 7 on the underlying charge in Idaho due to the efforts of the surety, bail 8 agency and/or bail agent within one hundred eighty (180) days after remittance 9 of the forfeiture and upon written application and required notice by the 10 surety or bail agent, the court shall refund and return the entire payment of 11 the remitted forfeited bail to the surety or bail agent, less an administra- 12 tive fee retained by the court not to exceed one hundred dollars ($100). The 13 lawful authority of the bail to arrest the defendant within the state shall 14 continue during the one hundred eighty (180) day remittitur. Nothing herein 15 abrogates the common law authority of the bail to arrest the defendant.
STATEMENT OF PURPOSE RS 15589 This legislation modifies bail statutes by recognizing bail creates a monetary incentive to ensure the attendance of the defendant in court. This legislation requires notice to the surety or its designated agent and the bail agent. This legislation also provides a bail surety or agent one hundred eighty (180) days after payment of the bail bond to the court, to locate and return a defendant who has failed to appear in court. FISCAL NOTE No fiscal impact to the state. This legislation should reduce the costs to law enforcement for locating and returning fugitive defendants to the state by motivating bail sureties and agents to locate and return defendants who have failed to appear in court. Contact Name: Steve J. Tobiason Phone: 342-4545 STATEMENT OF PURPOSE/FISCAL NOTE H 450