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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 - 2004
IN 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. The receiving officer bail 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 - 2004
Moved 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 - 2004
IN 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. The receiving officer bail 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