2004 Legislation
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HOUSE BILL NO. 587 – Bail bondsman/defendant surrendered

HOUSE BILL NO. 587

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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.

Amendment


                                                                        
                                                                        
  ]]]]              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.".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact


                    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