Idaho Bills
2 bills · 2019 Regular Session
Amends existing law to provide that bail shall be exonerated in certain instances.
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).
Amends existing law to provide for an order withholding judgment and to provide for an infraction action.
This is one of a series of bills the Supreme Court has recommended in its annual report to the Governor concerning defects or omissions in the laws, as required by article V, section 25 of the Idaho Constitution. Often times, bail monies posted in cash remain on deposit with the court at the conclusion of a criminal case. I.C. § 19-2908 allows these remaining cash bail monies to be applied to satisfy a defendant's debts owed to the court. However, the current form of I.C. § 19-2908 only allows the remaining bail monies to be applied when a judgment is entered. As a result, this process cannot be utilized when judgment is withheld even though a withheld judgment also results from a finding of guilt. To correct this oversight, entry of an order withholding judgment should be added as a triggering event for applying remaining cash bail amounts to pay debts the defendant owes the court. In addition, this statute now limits payment of the remaining bail monies to debts resulting from the case in which the bail was posted or other "criminal" cases against the defendant. Infractions are civil cases. In support of this law's obvious purpose, applying remaining bail monies to debts resulting from other "infraction" actions against the defendant should also be allowed.
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