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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 neglectsfails 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 satisfactorily34 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 than37 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 are39 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