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H0587aa..............................by JUDICIARY, RULES AND ADMINISTRATION BAIL BONDSMAN - Amends existing law to provide that the bail or bail bondsman shall, the next judicial day, file with the court in which the action or appeal is pending the certificate of surrender, and shall deliver a copy of the same to the county prosecuting attorney. 01/30 House intro - 1st rdg - to printing 02/02 Rpt prt - to Jud 02/10 Rpt out - to Gen Ord 02/17 Rpt out amen - to engros 02/18 Rpt engros - 1st rdg - to 2nd rdg as amen 02/19 2nd rdg - to 3rd rdg as amen 02/24 3rd rdg as amen - PASSED - 66-0-4 AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow, Cuddy, Denney, Douglas, Eberle, Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker NAYS -- None Absent and excused -- Deal, Edumunson, Ringo, Smith(24) Floor Sponsor - Clark Title apvd - to Senate 02/25 Senate intro - 1st rdg - to Jud 03/08 Rpt out - rec d/p - to 2nd rdg 03/09 2nd rdg - to 3rd rdg 03/17 3rd rdg - PASSED - 34-0-1 AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw, Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie, McWilliams, Noh, Pearce, Richardson, Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- Noble Floor Sponsor - Marley Title apvd - to House 03/18 To enrol - Rpt enrol - Sp signed 03/19 Pres signed - To Governor 03/23 Governor signed Session Law Chapter 251 Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 587 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO SURRENDER OF DEFENDANTS BY BAIL; AMENDING SECTION 19-2924, IDAHO 3 CODE, TO PROVIDE THAT THE BAIL OR BAIL BONDSMAN SHALL, THE NEXT JUDICIAL 4 DAY, FILE WITH THE COURT IN WHICH THE ACTION OR APPEAL IS PENDING THE CER- 5 TIFICATE OF SURRENDER, AND SHALL DELIVER A COPY OF THE SAME TO THE COUNTY 6 PROSECUTING ATTORNEY AND TO PROVIDE THAT NO BAIL OR BAIL BONDSMAN SHALL 7 SURRENDER A DEFENDANT TO ANY COUNTY SHERIFF OTHER THAN THE COUNTY SHERIFF 8 WHERE THE ACTION IS PENDING. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Section 19-2924, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 19-2924. SURRENDER OF DEFENDANT BY BAIL. At any time before the forfei- 13 ture of their undertaking, the bail may surrender the defendant in their exon- 14 eration, or he may surrender himself to the officer in whose custody he was 15 committed at the time of giving bail, or to the county sheriff where the 16 action is pending, in the following manner: 17 1. A certificate of surrender, executed by the bail, must be delivered to 18 the officer, who must also attach thereto his signature, the month, day, year 19 and time of day as evidence of surrender and detain the defendant in his cus- 20 tody thereon as upon a commitment. The certificate of surrender shall contain 21 the legal caption of the action in which the undertaking was given, including 22 the name of the defendant, case number, name and address of the bail, and 23 shall clearly state that the bond is being revoked by the bail. 24 2. Thereceiving officerbail or bail bondsman shall, the next judicial 25 day, file with the court in which the action or appeal is pending the certifi- 26 cate of surrender, and shall deliver a copy of the same to the county prose- 27 cuting attorney. The court shall thereupon order that the bail be exonerated. 28 3. No bail or bail bondsman shall surrender a defendant to any county 29 sheriff other than the county sheriff where the action is pending.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004Moved by Clark Seconded by Field (18) IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.B. NO. 587 1 AMENDMENT TO SECTION 1 2 On page 1 of the printed bill, delete lines 28 and 29. 3 CORRECTION TO TITLE 4 On page 1, delete lines 6 through 8 and insert: "PROSECUTING ATTORNEY.".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 587, As Amended BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO SURRENDER OF DEFENDANTS BY BAIL; AMENDING SECTION 19-2924, IDAHO 3 CODE, TO PROVIDE THAT THE BAIL OR BAIL BONDSMAN SHALL, THE NEXT JUDICIAL 4 DAY, FILE WITH THE COURT IN WHICH THE ACTION OR APPEAL IS PENDING THE CER- 5 TIFICATE OF SURRENDER, AND SHALL DELIVER A COPY OF THE SAME TO THE COUNTY 6 PROSECUTING ATTORNEY. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 19-2924, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 19-2924. SURRENDER OF DEFENDANT BY BAIL. At any time before the forfei- 11 ture of their undertaking, the bail may surrender the defendant in their exon- 12 eration, or he may surrender himself to the officer in whose custody he was 13 committed at the time of giving bail, or to the county sheriff where the 14 action is pending, in the following manner: 15 1. A certificate of surrender, executed by the bail, must be delivered to 16 the officer, who must also attach thereto his signature, the month, day, year 17 and time of day as evidence of surrender and detain the defendant in his cus- 18 tody thereon as upon a commitment. The certificate of surrender shall contain 19 the legal caption of the action in which the undertaking was given, including 20 the name of the defendant, case number, name and address of the bail, and 21 shall clearly state that the bond is being revoked by the bail. 22 2. Thereceiving officerbail or bail bondsman shall, the next judicial 23 day, file with the court in which the action or appeal is pending the certifi- 24 cate of surrender, and shall deliver a copy of the same to the county prose- 25 cuting attorney. The court shall thereupon order that the bail be exonerated.
STATEMENT OF PURPOSE RS 13705 This bill is designed to amend Idaho Code 19 2924 to shift the duty of filing certificates of surrender from the county sheriff to the surrendering bondsman. It also clarifies that a bondsman may only surrender a prisoner in the county where the prisoner is being prosecuted. FISCAL IMPACT This bill has no impact on the state general fund. CONTACT: Idaho Sheriff s Association, Michael J. Kane Phone: 342-4545 STATEMENT OF PURPOSE/FISCAL NOTE H 587