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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 - 2007
IN 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
8 neglects fails 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 within ninety one 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 within ninety one 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 to any Idaho peace officer the 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 - 2007
Moved 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 after ninety one 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 of ninety one 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 - 2007
IN 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
9 neglects fails 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 within ninety one 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 within ninety one 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 to any Idaho peace officer the 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 after ninety one 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 of ninety one 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