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S1161aaH.............................................by JUDICIARY AND RULES BAIL - Amends existing law relating to bail to revise provisions applicable to the forfeiture of bail; and to revise timelines. 02/15 Senate intro - 1st rdg - to printing 02/16 Rpt prt - to Jud 03/08 Rpt out - rec d/p - to 2nd rdg 03/09 2nd rdg - to 3rd rdg Rls Susp - PASSED - 35-0-0 AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett, Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, McGee, McKague, McKenzie, Pearce, Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk NAYS -- None Absent and excused -- None Floor Sponsor - Jorgenson Title apvd - to House 03/09 House intro - 1st rdg - to Jud 03/14 Rpt out - to Gen Ord 03/15 Rpt out amen - to 1st rdg as amen 03/16 1st rdg - to 2nd rdg as amen 03/19 2nd rdg - to 3rd rdg as amen 03/20 3rd rdg as amen - PASSED - 64-4-2 AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black, Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart, Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake, Loertscher, Luker, Marriott, Mathews, Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ring, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Shively, Smith(30), Smith(24), Stevenson, Thayn, Trail, Vander Woude, Wills, Wood(27), Wood(35) NAYS -- Edmunson, LeFavour, McGeachin, Snodgrass Absent and excused -- Chavez, Mr. Speaker Floor Sponsors - Clark & Luker Title apvd - to Senate 03/21 Senate concurred in House amens - to engros Rpt engros - 1st rdg - to 2nd rdg as amen 03/22 2nd rdg - to 3rd rdg as amen Rls susp - PASSED - 35-0-0 AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett, Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, McGee, McKague, McKenzie, Pearce, Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk NAYS -- None Absent and excused -- None Floor Sponsor - Jorgenson Title apvd - to enrol 03/23 Rpt enrol - Pres signed 03/26 Sp signed - To Governor 03/26 Governor signed Session Law Chapter 175 Effective: 07/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007IN THE SENATE SENATE BILL NO. 1161 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO BAIL; AMENDING SECTION 19-2927, IDAHO CODE, TO REVISE PROVISIONS 3 APPLICABLE TO THE FORFEITURE OF BAIL. 4 Be It Enacted by the Legislature of the State of Idaho: 5 SECTION 1. That Section 19-2927, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 19-2927. FORFEITURE OF BAIL. If, without sufficient excuse, the defendant 8neglectsfails to appear before the court upon any occasion when his presence 9 has been ordered the court must immediately direct the fact to be entered upon 10 its minutes, order the forfeiture of the undertaking of bail, or the money 11 deposited instead of bail, as the case may be, and shall immediately order the 12 issuance of a bench warrant for the arrest of the defendant. The clerk shall 13 mail written notice within five (5) days of the forfeiture for failure to 14 appear to the last known address of the person posting the undertaking of bail 15 or, if the bail consists of a surety bond, to the surety or its designated 16 agent. A failure to give timely notice shall exonerate the bail or undertak- 17 ing. If at any time withinninetyone hundred eighty (9180) days after such 18 entry in the minutes, the defendant appears and satisfactorily excuses his 19 neglect, the court shall direct the forfeiture of the undertaking or the 20 deposit to be exonerated. 21 If withinninetyone hundred eighty (9180) days of the date of forfeiture, 22 a person, other than the defendant, who has provided bail for the defendant, 23 surrenders the defendant toany Idaho peace officerthe jail facility of the 24 county which issued the warrant, the undertaking of bail or deposits are 25 thereby exonerated. 26 The court which has forfeited the undertaking of bail, or the money depos- 27 ited instead of bail, may, before remittance of the forfeiture, and with the 28 written consent of the person posting the same, set aside the forfeiture and 29 reinstate the undertaking of bail or money deposited instead of bail.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007Moved by Luker Seconded by Clark IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO S.B. NO. 1161 1 AMENDMENT TO SECTION 1 2 On page 1 of the printed bill, in line 11, delete "shall immediately". 3 AMENDMENT TO THE BILL 4 On page 1, following line 29, insert: 5 "SECTION 2. That Section 19-2928, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 19-2928. ENFORCEMENT OF FORFEITURE. If the forfeiture is not discharged, 8 as provided in the last section, the prosecuting attorney may, at any time 9 afterninetyone hundred eighty (9180) days from the entry upon the minutes, 10 as provided in the last section, proceed by action in the name of the county, 11 against the bail upon their undertaking. 12 SECTION 3. That Section 19-2929, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 19-2929. FORFEITURE OF DEPOSIT. If, by reason of the neglect of the 15 defendant to appear, money deposited instead of bail is forfeited, the clerk 16 shall mail written notice within five (5) days to the last known address of 17 the person posting the money of the forfeiture for failure to appear. A fail- 18 ure to give timely notice shall exonerate the bail. If the forfeiture is not 19 discharged or remitted, the clerk with whom it is deposited must, at the end 20 ofninetyone hundred eighty (9180) days, of the date of forfeiture, unless 21 the court has before that time discharged the forfeiture, pay over the money 22 deposited to the county treasurer.". 23 CORRECTION TO TITLE 24 On page 1, in line 3, following "BAIL" insert: "; AND AMENDING SECTIONS 25 19-2928 AND 19-2929, IDAHO CODE, TO REVISE TIMELINES".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007IN THE SENATE SENATE BILL NO. 1161, As Amended in the House BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO BAIL; AMENDING SECTION 19-2927, IDAHO CODE, TO REVISE PROVISIONS 3 APPLICABLE TO THE FORFEITURE OF BAIL; AND AMENDING SECTIONS 19-2928 AND 4 19-2929, IDAHO CODE, TO REVISE TIMELINES. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 19-2927, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 19-2927. FORFEITURE OF BAIL. If, without sufficient excuse, the defendant 9neglectsfails to appear before the court upon any occasion when his presence 10 has been ordered the court must immediately direct the fact to be entered upon 11 its minutes, order the forfeiture of the undertaking of bail, or the money 12 deposited instead of bail, as the case may be, and order the issuance of a 13 bench warrant for the arrest of the defendant. The clerk shall mail written 14 notice within five (5) days of the forfeiture for failure to appear to the 15 last known address of the person posting the undertaking of bail or, if the 16 bail consists of a surety bond, to the surety or its designated agent. A fail- 17 ure to give timely notice shall exonerate the bail or undertaking. If at any 18 time withinninetyone hundred eighty (9180) days after such entry in the min- 19 utes, the defendant appears and satisfactorily excuses his neglect, the court 20 shall direct the forfeiture of the undertaking or the deposit to be exoner- 21 ated. 22 If withinninetyone hundred eighty (9180) days of the date of forfeiture, 23 a person, other than the defendant, who has provided bail for the defendant, 24 surrenders the defendant toany Idaho peace officerthe jail facility of the 25 county which issued the warrant, the undertaking of bail or deposits are 26 thereby exonerated. 27 The court which has forfeited the undertaking of bail, or the money depos- 28 ited instead of bail, may, before remittance of the forfeiture, and with the 29 written consent of the person posting the same, set aside the forfeiture and 30 reinstate the undertaking of bail or money deposited instead of bail. 31 SECTION 2. That Section 19-2928, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 19-2928. ENFORCEMENT OF FORFEITURE. If the forfeiture is not discharged, 34 as provided in the last section, the prosecuting attorney may, at any time 35 afterninetyone hundred eighty (9180) days from the entry upon the minutes, 36 as provided in the last section, proceed by action in the name of the county, 37 against the bail upon their undertaking. 38 SECTION 3. That Section 19-2929, Idaho Code, be, and the same is hereby 39 amended to read as follows: 2 1 19-2929. FORFEITURE OF DEPOSIT. If, by reason of the neglect of the 2 defendant to appear, money deposited instead of bail is forfeited, the clerk 3 shall mail written notice within five (5) days to the last known address of 4 the person posting the money of the forfeiture for failure to appear. A fail- 5 ure to give timely notice shall exonerate the bail. If the forfeiture is not 6 discharged or remitted, the clerk with whom it is deposited must, at the end 7 ofninetyone hundred eighty (9180) days, of the date of forfeiture, unless 8 the court has before that time discharged the forfeiture, pay over the money 9 deposited to the county treasurer.
STATEMENT OF PURPOSE RS 17002 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 Representative Jim Clark (208)332-1210 STATEMENT OF PURPOSE/FISCAL NOTE S 1161