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S1155................................................by JUDICIARY AND RULES
BAIL - Amends existing law to set forth the purpose of bail; to revise
provisions applicable to the forfeiture of bail; and to clarify that
certain contractual remedies of a bail surety or bail agent are not
limited.
02/17 Senate intro - 1st rdg - to printing
02/18 Rpt prt - to Jud
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE SENATE
SENATE BILL NO. 1155
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO BAIL; AMENDING SECTION 19-2902, IDAHO CODE, TO SET FORTH THE PUR-
3 POSE OF BAIL AND TO PROVIDE DESCRIPTIVE LANGUAGE; AMENDING SECTION
4 19-2927, IDAHO CODE, TO REVISE PROVISIONS APPLICABLE TO THE FORFEITURE OF
5 BAIL; AND AMENDING SECTION 41-1042, IDAHO CODE, TO CLARIFY THAT CERTAIN
6 CONTRACTUAL REMEDIES OF A BAIL SURETY OR BAIL AGENT ARE NOT LIMITED.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 19-2902, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 19-2902. TAKING OF BAIL DEFINED -- PURPOSE. (1) The taking of bail con-
11 sists in the acceptance by a competent court or magistrate, of the undertaking
12 of sufficient bail for the appearance of the defendant, according to the terms
13 of the undertaking, or that the bail will pay to the state a specified sum.
14 (2) A primary purpose of bail is to ensure the attendance of the defend-
15 ant in court. The bail bond posted by a surety creates a monetary incentive
16 for the surety to locate and return to custody a defendant who fails to appear
17 in court. It is not the purpose of bail to generate revenue for the state of
18 Idaho. The provisions of this chapter shall be interpreted and applied in a
19 manner consistent with the purpose of bail as set forth in this section and
20 other applicable statutes and statewide court rules.
21 SECTION 2. That Section 19-2927, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 19-2927. FORFEITURE OF BAIL. (1) If, without sufficient excuse, the
24 defendant neglects fails to appear before the court upon any occasion when his
25 presence has been ordered the court must immediately direct the fact to be
26 entered upon its minutes, order the forfeiture of the undertaking of bail, or
27 the money deposited instead of bail, as the case may be, and order the issu-
28 ance of a bench warrant for the arrest of the defendant. The clerk shall mail
29 written notice within five (5) days of the forfeiture for failure to appear to
30 the last known address of the person posting the undertaking of bail or, if
31 the bail consists of a surety bond, to the surety bail agent's address located
32 on the bond. A failure to give accurate and timely notice shall exonerate the
33 bail or undertaking. If at any time within ninety (90) days after such entry
34 in the minutes, the defendant is taken into custody in Idaho or the defendant
35 voluntarily appears, and satisfactorily excuses his neglect, the court shall
36 direct the forfeiture of the undertaking or the deposit to be exonerated.
37 If within ninety (90) days of the date of forfeiture, a person, other than
38 the defendant, who has provided bail for the defendant, surrenders the defend-
39 ant to any Idaho peace officer, the undertaking of bail or deposits are
40 thereby 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 or bail agent shall have one hundred eighty (180) days
5 after remittance of the forfeiture to locate and return the defendant to cus-
6 tody in Idaho. If the defendant is returned to custody in Idaho within one
7 hundred eighty (180) days after remittance of forfeiture, the court shall
8 refund and return the entire payment of the remitted forfeited bail to the
9 surety or bail agent, less an administrative fee retained by the court not to
10 exceed one hundred dollars ($100).
11 SECTION 3. That Section 41-1042, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 41-1042. COLLECTIONS AND CHARGES PERMITTED. (1) Notwithstanding any other
14 provision of this chapter, a bail agent in any bail transaction shall not,
15 directly or indirectly, charge or collect money or other valuable consider-
16 ation from any person except for the following:
17 (a) To pay premiums at the rates established by the insurer;
18 (b) To provide collateral;
19 (c) To reimburse the bail agent for actual expenses incurred in connec-
20 tion with the bail transaction, limited to the following:
21 (i) Expenditures actually and reasonably incurred to verify under-
22 writing information or to pay for notary public fees, recording fees,
23 or necessary long distance telephone or telegram fees; provided how-
24 ever, that the total of all such expenditures reimbursed shall not
25 exceed fifty dollars ($50.00); and
26 (ii) Travel expenses incurred more than twenty-five (25) miles from
27 a bail agent's place of business, which includes any city or locality
28 in which the bail agent advertises or engages in bail business, up to
29 the amount allowed by the internal revenue service for business
30 travel for the year in which the travel occurs.
31 (2) Except as permitted under this section, a bail agent shall not make
32 any charge for his service in a bail transaction and the bail agent shall
33 fully document all expenses for which the bail agent seeks reimbursement.
34 (3) This section does not limit a bail surety or bail agent's contractual
35 remedies against a defendant or bond indemnitor for a material breach of the
36 terms of the bail contract including, but not limited to, the right to indem-
37 nification of any bond loss and reasonable investigation, legal and court
38 expenses actually incurred by the bail surety or bail agent in connection with
39 a bail forfeiture.
STATEMENT OF PURPOSE
RS15015
This legislation modifies bail statutes by stating a primary
purpose of bail is to ensure the attendance of the defendant
in court. This legislation also provides a bail surety or
agent one hundred eighty (180) days after payment of the bail
bonds to the court, to locate and return a defendant who has
failed to appear in court. It also clarifies the authority of
the bail surety or agent to enforce the remedies of the bail
contract if a defendant breaches the contract, specifically
the right to recover expenses caused by the defendant's breach
of the contract.
FISCAL NOTE
No fiscal impact to the State of Idaho. This legislation
should reduce the costs to law enforcement for locating and
returning defendants to the state of Idaho 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 S 1155