2007 Legislation
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SENATE BILL NO. 1065 – Bail, purpose/forfeiture

SENATE BILL NO. 1065

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Bill Status



S1065................................................by JUDICIARY AND RULES
BAIL - Amends existing law to set forth the purpose of bail; and to revise
provisions applicable to the forfeiture of bail.
                                                                        
01/30    Senate intro - 1st rdg - to printing
01/31    Rpt prt - to Jud

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1065
                                                                        
                              BY JUDICIARY AND RULES 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 is an appearance bond that creates a
 14    monetary  incentive for the surety to locate and return to custody a defendant
 15    who fails to appear in court. It is not the purpose of bail to generate  reve-
 16    nue  for  the  state  of Idaho. The provisions of this chapter shall be inter-
 17    preted and applied in a manner consistent with the  purpose  of  bail  as  set
 18    forth in this section and 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 shall immediately
 26    order  the  issuance  of  a bench warrant for the arrest of the defendant. The
 27    clerk shall mail written notice within five (5) days  of  the  forfeiture  for
 28    failure  to  appear to the last known address of the person posting the under-
 29    taking of bail or, if the bail consists of a surety bond, to the surety or its
 30    designated agent. A failure to give timely notice shall exonerate the bail  or
 31    undertaking.  If  at  any time within ninety (90) days after such entry in the
 32    minutes, the defendant is returned to custody or arrested  on  the  underlying
 33    charge  in  Idaho  or  the  defendant  voluntarily appears, and satisfactorily
 34    excuses his neglect, the court shall direct the forfeiture of the  undertaking
 35    or the deposit to be exonerated.
 36        If within ninety (90) days of the date of forfeiture, a person, other than
 37    the defendant, who has provided bail for the defendant, surrenders the defend-
 38    ant  to  any  Idaho  peace  officer,  the  undertaking of bail or deposits are
 39    thereby exonerated.
 40        (2)  The court which has forfeited the undertaking of bail, or  the  money
 41    deposited  instead of bail, may, before remittance of the forfeiture, and with
                                                                        
                                       2
                                                                        
  1    the written consent of the person posting the same, set aside  the  forfeiture
  2    and reinstate the undertaking of bail or money deposited instead of bail.
  3        (3)  The  surety,  bail  agency,  bail  agent or other person posting bail
  4    shall have one hundred eighty (180) days after remittance of the forfeiture to
  5    locate and  return the defendant to custody in  Idaho.  If  the  defendant  is
  6    returned  to  custody or arrested on the underlying charge in Idaho due to the
  7    efforts of the surety, bail agency, bail agent or other person  posting  bail,
  8    within  one  hundred  eighty (180) days after remittance of the forfeiture and
  9    upon written application and required notice by the surety, bail agency,  bail
 10    agent  or  other  person  posting  bail, the court shall refund and return the
 11    entire payment of the remitted forfeited bail to the surety, bail agency, bail
 12    agent or other person posting bail, less an administrative fee retained by the
 13    court not to exceed one hundred dollars ($100). The lawful  authority  of  the
 14    bail  to  arrest  the defendant within the state shall continue during the one
 15    hundred eighty (180) day remittitur. Nothing herein abrogates the  common  law
 16    authority of the bail to arrest the defendant.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 16753

Relating to bail; amending Section 19-2902, Idaho Code, to revise
descriptive language and to set forth the purpose of bail; and
amending Section 19-2927, Idaho Code, to revise provisions
applicable to the forfeiture of bail.


                           FISCAL NOTE

                               None


Contact
Name:  Senator Mike Jorgenson 
Phone: (208) 332-1345


STATEMENT OF PURPOSE/FISCAL NOTE                        S 1065