Bail Bond Expiration Act

Bail Bond Expiration Act

Summary
This act would establish that a bail bond expires thirty-six months after it is posted if the bond has not been declared forfeited in the interim.

Model Policy

Section 1. {Title}  This Act may be cited as the Bail Bond Expiration Act.

Section 2. {Definition} “An undertaking” means the issuance of a surety bail bond to insure appearance.

Section 3.  {Expiration}

(A). An undertaking is valid if it states:

(1) the court where the defendant is to appear;

(2) the amount of bail; and

(3) that it was made before an official authorized to take the bond.

(B). A surety remains liable on an undertaking despite:

(1) any other agreement that is expressed in the undertaking;

(2) any failure of the defendant to join in the undertaking; or

(3) any other defect of form of record; or

(4) any other irregularity, except as to items covered by (a).

(C). An undertaking expires thirty-six (36) months after it is posted for the release of a defendant from custody unless, within the thirty-six (36) month period:

(1) the bond is declared to be forfeited; and

(2) the court notifies the surety and the bail agent of the forfeiture by certified mail, return receipt requested.

Section 4. {Severability}

Section 5. {Effective Date}

 

Approved by ALEC Board of Directors on September, 2005.

Re-approved January 9, 2014.

 

Keyword Tags: 2013 SNPS, Justice Performance Project Task Force, Pretrial Release