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SENATE BILL NO. 1489

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Daily Data Tracking History

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S1489................................................by JUDICIARY AND RULES
DEFENDANT - INCARCERATED - Amends existing law to provide for granting of a
detainer against an incarcerated defendant by the custodial county upon a
request by the bail agent, to provide the contents of the power of attorney
of the undertaking to be accepted as a detainer and to provide the duties
of the custodial officer upon receipt of the power of attorney and request
for detainer.

02/16    Senate intro - 1st rdg - to printing
02/17    Rpt prt - to Jud

Bill Text

S1489


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998
                                                                        

                                      IN THE SENATE

                                   SENATE BILL NO. 1489

                             BY JUDICIARY AND RULES COMMITTEE

 1                                        AN ACT
 2    RELATING TO BAIL; AMENDING SECTION 19-2925, IDAHO  CODE,  TO  PROVIDE  CORRECT
 3        NOMENCLATURE,  TO  PROVIDE FOR GRANTING OF A DETAINER AGAINST AN INCARCER-
 4        ATED DEFENDANT BY THE CUSTODIAL COUNTY UPON A REQUEST BY THE  BAIL  AGENT,
 5        TO  PROVIDE THE CONTENTS OF THE POWER OF ATTORNEY OF THE UNDERTAKING TO BE
 6        ACCEPTED AS A DETAINER AND TO PROVIDE THE DUTIES OF THE CUSTODIAL  OFFICER
 7        UPON RECEIPT OF THE POWER OF ATTORNEY AND REQUEST FOR DETAINER.

 8    Be It Enacted by the Legislature of the State of Idaho:

 9        SECTION  1.  That  Section 19-2925, Idaho Code, be, and the same is hereby
10    amended to read as follows:

11        19-2925.  ARREST OF DEFENDANT FOR SURRENDER.  (1)  For the pur-
12    pose of surrendering the defendant, the bail, at any time  before    they
13    are    the defendant is  finally discharged, and at any place
14    within the state, may themselves arrest  him    the  defendant
15    ,  or  by a written authority endorsed on a certified copy of the under-
16    taking, may empower any person of suitable age and discretion to do so.
17         (2)  If a defendant is incarcerated anywhere within the  state,  the
18    bail  agent  shall have the right to request and be granted a detainer against
19    the defendant by the custodial county.  All  law  enforcement  officers  shall
20    accept  as  a  detainer  a copy of the power of attorney of the undertaking on
21    file with the court, certified by the bail agent to be a true and correct copy
22    thereof. The power of attorney must contain the name of  the  defendant,  date
23    the bond was executed, the case number and court, bond amount, and name of the
24    posting  bail  agent.  Upon  receipt  of the power of attorney and request for
25    detainer, the custodial officer shall hold the defendant in custody until  the
26    case  pending against the defendant in the county having custody has been com-
27    pleted or until the defendant is authorized to be  released  from  custody  by
28    other  means set out by law. Before the defendant is released by the custodial
29    officer, the officer must notify the bail  agent  of  the  impending  release,
30    after  which the bail agent, or his agent duly authorized as set forth in sub-
31    section (1) of this section, shall have forty-eight (48) hours to  appear  and
32    take  physical  custody of the defendant, or the defendant shall be allowed to
33    be released according to the  orders  of  the  custodial  court.  If  any  law
34    enforcement  officer  fails  to  comply  with this subsection, the undertaking
35    shall be exonerated. 

Statement of Purpose / Fiscal Impact

    





    STATEMENT OF PURPOSE
    
                                 RS 07840
    
    This proposed legislation would amend the Idaho Code provision dealing with the arrest of 
    defendants while out on bail during the pendency of a criminal case, providing detailed procedures for 
    a bail agent to follow when asking law enforcement officers to hold a bail jumper so that the defendant 
    can be returned to the court where a criminal case is pending.
    
    FISCAL NOTE
    
    This bill has no fiscal impact.
    
    CONTACT: David H. Leroy
             Professional Bail Agents of Idaho
             (208) 342-0000
    
    STATEMENT OF PURPOSE/FISCAL NOTE -
    
    S1489