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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
]]]] 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
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