2007 Legislation
Print Friendly

SENATE BILL NO. 1161 – Bail, forfeiture

SENATE BILL NO. 1161

View Bill Status

View Bill Text

View Amendment

View Engrossed Bill (Original Bill with Amendment(s) Incorporated)

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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.

Amendment


                                                                        
                                                                        
  ]]]]              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".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact



                       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