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Senate Bill 0425


Senate Bill 0425

ARCHIVE (2013)

Latest Information

 

DIGEST OF INTRODUCED BILL


Bail. Provides that an undertaking for bail does not expire 36 months after it is posted for the release of a defendant from custody if the defendant remains a fugitive after the 36 month period. Requires sureties and bail agents to establish and maintain electronic mail addresses before June 1, 2013. Provides that if a defendant does not appear as provided in a bond and the court orders the bail agent and the surety to surrender the defendant to the court, the clerk may send notice of the order by electronic mail to the bail agent and surety. Reduces the amount of time, from 365 days to 180 days, by which a surety and bail agent must produce a defendant or provide a valid reason for the defendant's failure to appear. Changes the period of time used to assess late surrender fees against a surety and bail agent. Specifies that the late surrender fee is equal to 80% of the face value of the bond. Provides that costs resulting from a defendant's failure to appear may not be assessed against a bail agent or surety. Specifies that late surrender fees collected by a court in which a bond was posted must be used as follows: (1) Twenty-five percent of the fees must be retained by the court to defray the costs of operating the court, defray the costs of operating diversion programs, and defray the costs of extraditing criminal defendants by depositing some or all of the fees in the county extradition fund. (2) Twenty-five percent of the fees must be deposited in the county electronic monitoring fund to defray the costs of operating electronic monitoring programs that involve indigent offenders. (3) Twenty-five percent of the fees must be retained by the court to defray the costs of operating the court. (4) Twenty-five percent of the fees must be deposited in the county general fund and dedicated
    Current Status:
     In Committee - first House
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