Amends existing law to provide that bail shall be exonerated in certain instances.
BAIL -- Amends existing law to provide that bail shall be exonerated in certain instances.
STATEMENT OF PURPOSE
The Idaho Bail Act currently does not require the exoneration of a bond posted by a surety (an insurance company that posts a bond on behalf of a bail bond agency) when the fugitive defendant has been returned to the custody of the sheriff of the county where the action is pending and a subsequent surety posts bail prior to the defendant's appearance before the court, thus precluding the exoneration of the preceding bond. "Exoneration" means a court order directing the full or partial release and discharge from liability of the surety underwriting a bail bond or the person posting a cash deposit or a property bond (Idaho Code § 19-2905). This legislation amends the Idaho Bail Act to require the exoneration of the bond posted by the initial surety when the defendant has been returned to the custody of the sheriff of the county where the criminal action is pending within one hundred eighty (180) days of the court's order of forfeiture and the defendant is subsequently released from custody on bail posted by a subsequent surety prior to the defendant's appearance before the court. This legislation also amends the Idaho Bail Act to require a court clerktoprovidewrittennoticetothesuretyofanorderofforfeiturebymailingnoticewithinfive(5)business days of the order of forfeiture to the surety who provided bail to a defendant. "Forfeiture" means an order of the court reciting that the defendant failed to appear as ordered and stating that bail is forfeited (Idaho Code § 19-2905).
LATEST ACTION
Reported Printed; referred to Judiciary & Rules
BILL INFO
- Session
- 2019
- Chamber
- senate
- Status date
- Feb 14, 2019