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H0450aa..............................by JUDICIARY, RULES AND ADMINISTRATION
BAIL - Amends existing law relating to bail to set forth the purpose of
bail; and to revise provisions applicable to the forfeiture of bail.
01/24 House intro - 1st rdg - to printing
01/25 Rpt prt - to Jud
02/24 Rpt out - to Gen Ord
03/02 Rpt out amen - to engros
03/03 Rpt engros - 1st rdg - to 2nd rdg as amen
03/06 2nd rdg - to 3rd rdg as amen
03/09 3rd rdg as amen - FAILED - 23-43-4
AYES -- Barraclough, Barrett, Bastian, Bayer, Bedke, Bilbao, Clark,
Ellsworth, Field(18), Hart, Harwood, Henderson, Kemp, Loertscher,
McKague, Moyle, Nielsen, Ring, Sali, Schaefer, Skippen, Smith(24),
Mr. Speaker
NAYS -- Anderson, Andrus, Bell, Black, Block, Boe, Bolz, Brackett,
Bradford, Cannon, Chadderdon, Collins, Deal, Denney, Edmunson,
Eskridge, Field(23), Garrett, Henbest, Jaquet, Lake, LeFavour,
Martinez, Mathews, McGeachin, Miller, Mitchell, Pasley-Stuart, Pence,
Raybould, Ringo, Roberts, Rusche, Rydalch, Sayler, Shepherd(2),
Shirley, Smith(30), Smylie, Snodgrass, Stevenson, Trail, Wills
Absent and excused -- Crow, Nonini, Shepherd(8), Wood
Floor Sponsors - Clark & Bastian
Filed in Office of the Chief Clerk
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 450
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO BAIL; AMENDING SECTION 19-2902, IDAHO CODE, TO REVISE DESCRIPTIVE
3 LANGUAGE AND TO SET FORTH THE PURPOSE OF BAIL; AND AMENDING SECTION
4 19-2927, IDAHO CODE, TO REVISE PROVISIONS APPLICABLE TO THE FORFEITURE OF
5 BAIL.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 19-2902, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 19-2902. TAKING OF BAIL DEFINED -- PURPOSE. (1) The taking of bail con-
10 sists in the acceptance by a competent court or magistrate, of the undertaking
11 of sufficient bail for the appearance of the defendant, according to the terms
12 of the undertaking, or that the bail will pay to the state a specified sum.
13 (2) The bail bond posted by a surety creates a monetary incentive for the
14 surety to locate and return to custody a defendant who fails to appear in
15 court. It is not the purpose of bail to generate revenue for the state of
16 Idaho. The provisions of this chapter shall be interpreted and applied in a
17 manner consistent with the purpose of bail as set forth in this section and
18 other applicable statutes and statewide court rules.
19 SECTION 2. That Section 19-2927, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 19-2927. FORFEITURE OF BAIL. (1) If, without sufficient excuse, the
22 defendant neglects fails to appear before the court upon any occasion when his
23 presence has been ordered the court must immediately direct the fact to be
24 entered upon its minutes, order the forfeiture of the undertaking of bail, or
25 the money deposited instead of bail, as the case may be, and order the issu-
26 ance of a bench warrant for the arrest of the defendant. The clerk shall mail
27 written notice within five (5) days of the forfeiture for failure to appear to
28 the last known address of the person posting the undertaking of bail or, if
29 the bail consists of a surety bond, to the surety or its designated agent and
30 to the address of the bail agent listed on the bond. A failure to give accu-
31 rate and timely notice shall exonerate the bail or undertaking. If at any time
32 within ninety (90) days after such entry in the minutes, the defendant is
33 returned to custody or arrested on the underlying charge in Idaho or the
34 defendant voluntarily appears, and satisfactorily excuses his neglect, the
35 court shall direct the forfeiture of the undertaking or the deposit to be
36 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, bail agency or bail agent shall have one hundred eighty
5 (180) days after remittance of the forfeiture to locate and return the defend-
6 ant to custody in Idaho. If the defendant is returned to custody or arrested
7 on the underlying charge in Idaho within one hundred eighty (180) days after
8 remittance of the forfeiture, the court shall refund and return the entire
9 payment of the remitted forfeited bail to the surety or bail agent, less an
10 administrative fee retained by the court not to exceed one hundred dollars
11 ($100).
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
Moved by Bastian
Seconded by Clark
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 450
1 AMENDMENT TO SECTION 2
2 On page 2 of the printed bill, delete lines 7 through 11 and insert: "on
3 the underlying charge in Idaho due to the efforts of the surety, bail agency
4 and/or bail agent within one hundred eighty (180) days after remittance of the
5 forfeiture and upon written application and required notice by the surety or
6 bail agent, the court shall refund and return the entire payment of the remit-
7 ted forfeited bail to the surety or bail agent, less an administrative fee
8 retained by the court not to exceed one hundred dollars ($100). The lawful
9 authority of the bail to arrest the defendant within the state shall continue
10 during the one hundred eighty (180) day remittitur. Nothing herein abrogates
11 the common law authority of the bail to arrest the defendant.".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 450, As Amended
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO BAIL; AMENDING SECTION 19-2902, IDAHO CODE, TO REVISE DESCRIPTIVE
3 LANGUAGE AND TO SET FORTH THE PURPOSE OF BAIL; AND AMENDING SECTION
4 19-2927, IDAHO CODE, TO REVISE PROVISIONS APPLICABLE TO THE FORFEITURE OF
5 BAIL.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 19-2902, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 19-2902. TAKING OF BAIL DEFINED -- PURPOSE. (1) The taking of bail con-
10 sists in the acceptance by a competent court or magistrate, of the undertaking
11 of sufficient bail for the appearance of the defendant, according to the terms
12 of the undertaking, or that the bail will pay to the state a specified sum.
13 (2) The bail bond posted by a surety creates a monetary incentive for the
14 surety to locate and return to custody a defendant who fails to appear in
15 court. It is not the purpose of bail to generate revenue for the state of
16 Idaho. The provisions of this chapter shall be interpreted and applied in a
17 manner consistent with the purpose of bail as set forth in this section and
18 other applicable statutes and statewide court rules.
19 SECTION 2. That Section 19-2927, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 19-2927. FORFEITURE OF BAIL. (1) If, without sufficient excuse, the
22 defendant neglects fails to appear before the court upon any occasion when his
23 presence has been ordered the court must immediately direct the fact to be
24 entered upon its minutes, order the forfeiture of the undertaking of bail, or
25 the money deposited instead of bail, as the case may be, and order the issu-
26 ance of a bench warrant for the arrest of the defendant. The clerk shall mail
27 written notice within five (5) days of the forfeiture for failure to appear to
28 the last known address of the person posting the undertaking of bail or, if
29 the bail consists of a surety bond, to the surety or its designated agent and
30 to the address of the bail agent listed on the bond. A failure to give accu-
31 rate and timely notice shall exonerate the bail or undertaking. If at any time
32 within ninety (90) days after such entry in the minutes, the defendant is
33 returned to custody or arrested on the underlying charge in Idaho or the
34 defendant voluntarily appears, and satisfactorily excuses his neglect, the
35 court shall direct the forfeiture of the undertaking or the deposit to be
36 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, bail agency or bail agent shall have one hundred eighty
5 (180) days after remittance of the forfeiture to locate and return the defend-
6 ant to custody in Idaho. If the defendant is returned to custody or arrested
7 on the underlying charge in Idaho due to the efforts of the surety, bail
8 agency and/or bail agent within one hundred eighty (180) days after remittance
9 of the forfeiture and upon written application and required notice by the
10 surety or bail agent, the court shall refund and return the entire payment of
11 the remitted forfeited bail to the surety or bail agent, less an administra-
12 tive fee retained by the court not to exceed one hundred dollars ($100). The
13 lawful authority of the bail to arrest the defendant within the state shall
14 continue during the one hundred eighty (180) day remittitur. Nothing herein
15 abrogates the common law authority of the bail to arrest the defendant.
STATEMENT OF PURPOSE
RS 15589
This legislation modifies bail statutes by recognizing bail
creates a monetary incentive to ensure the attendance of the
defendant in court. This legislation requires notice to the
surety or its designated agent and the bail agent. This
legislation also provides a bail surety or agent one hundred
eighty (180) days after payment of the bail bond to the court, to
locate and return a defendant who has failed to appear in court.
FISCAL NOTE
No fiscal impact to the state. This legislation should reduce
the costs to law enforcement for locating and returning fugitive
defendants to the state 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 H 450