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H.B. 201 Enrolled





Sponsor: M. Susan Lawrence

                  This act modifies the Code of Criminal Procedures by allowing bail to be posted by credit
                  and debit card at the discretion of the judge or bail commissioner in addition to cash and
                  written undertakings.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                      77-20-4, as last amended by Chapter 293, Laws of Utah 1998
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 77-20-4 is amended to read:
                       77-20-4. Bail to be posted in cash, by credit or debit card, or written undertaking.
                      (1) Bail may be posted:
                      (a) in cash [or];
                      (b) by written undertaking with or without sureties at the discretion of the magistrate[.
                  Written]; or
                      (c) by credit or debit card, at the discretion of the judge or bail commissioner.
                      (2) A written undertaking shall substantially conform to any form approved by the
                  Supreme Court.
                      [(2)] (3) A bail bond may not be accepted without receiving in writing at the time the
                  bail is posted the current mailing address and telephone number of the surety.
                      (4) Bail posted by debit or credit card, less the fee charged by the financial institution,
                  shall be tendered to the courts.
                      (5) Bail refunded by the court may be refunded by credit to the debit or credit card, or
                  cash. The amount refunded shall be the full amount received by the court under Subsection
                  (4), which may be less than the full amount of the bail set by the court.

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