First Substitute S.B. 173

Senator Gregory S. Bell proposes the following substitute bill:

1 BAIL BOND REINSTATEMENT AMENDMENTS
2 2004 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Gregory S. Bell
5
6 LONG TITLE
7 General Description:
8 This bill amends provisions regarding bond forfeiture if a defendant fails to appear for a
9 court proceeding.
10 Highlighted Provisions:
11 This bill:
12 . provides that if the defendant appears in court within seven days after missing a
13 court appearance, the court may reinstate a forfeited bond without notice to the
14 surety; and
15 . provides that if the defendant fails to appear within seven days after missing a court
16 appearance, the court may not reinstate the bond without the consent of the surety.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 77-20b-101, as last amended by Chapter 245, Laws of Utah 2001
24
25 Be it enacted by the Legislature of the state of Utah:

26 Section 1. Section 77-20b-101 is amended to read:
27 77-20b-101. Entry of nonappearance -- Notice to surety -- Release of surety on
28 failure of timely notice.
29 (1) If a defendant who has posted bail fails to appear before the appropriate court when
30 required and the court issues a bench warrant or directs that the surety be given notice of the
31 nonappearance, the clerk of the court shall:
32 (a) mail notice of nonappearance by certified mail, return receipt requested, within 30
33 days to the address of the surety who posted the bond;
34 (b) notify the surety of the name, address, telephone number, and fax number of the
35 prosecutor;
36 (c) deliver a copy of the notice sent under Subsection (1)(a) to the prosecutor's office at
37 the same time notice is sent under Subsection (1)(a); and
38 (d) ensure that the name, address, and telephone number of the surety is stated on the
39 bench warrant.
40 (2) The prosecutor may mail notice of nonappearance by certified mail, return receipt
41 requested, to the address of the surety within 37 days after the date of the defendant's failure to
42 appear.
43 (3) If notice of nonappearance is not mailed to a surety, other than the defendant, in
44 accordance with Subsection (1) or (2), the surety is relieved of further obligation under the
45 bond if the surety's current name and address are on the bail bond in the court's file.
46 [(4) (a) A bond ordered forfeited by the court may not be reinstated without the mutual
47 agreement of the surety and the court.]
48 (4) (a) If a defendant appears in court within seven days after a missed, scheduled court
49 appearance, even though the court has ordered the bond forfeited, the court may reinstate the
50 bond without further notice to the bond company.
51 (b) If a defendant fails to appear within seven days after a scheduled court appearance
52 and the court has ordered the bond forfeited, the court may not reinstate the bond without the
53 consent of the surety.
54 [(b)] (c) If the defendant is arrested and booked into a county jail booking facility
55 pursuant to a warrant for failure to appear on the original charges, the surety may file a motion
56 with the court to exonerate the bond. The surety shall deliver a copy of the motion to the

57 prosecutor.
58 [(c)] (d) Unless the court makes a finding of good cause why the bond should not be
59 exonerated, it shall exonerate the bond if:
60 (i) the surety has delivered the defendant to the county jail booking facility in the
61 county where the original charge is pending;
62 (ii) the defendant has been released on a bond secured from a subsequent surety for the
63 original charge and the failure to appear;
64 (iii) after an arrest, the defendant has escaped from jail or has been released on the
65 defendant's own recognizance, pursuant to a pretrial release, under a court order regulating jail
66 capacity, or by a sheriff's release under Section 17-22-5.5 ; or
67 (iv) the surety has transported or agreed to pay for the transportation of the defendant
68 from a location outside of the county back to the county where the original charge is pending,
69 and the payment is in an amount equal to government transportation expenses listed in Section
70 76-3-201 .
71 [(d)] (e) Under circumstances not otherwise provided for in this section, the court may
72 exonerate the bond if it finds that the prosecutor has been given reasonable notice of a surety's
73 motion and there is good cause for the bond to be exonerated.
74 [(e)] (f) If a surety's bond has been exonerated under this section and the surety remains
75 liable for the cost of transportation of the defendant, the surety may take custody of the
76 defendant for the purpose of transporting the defendant to the jurisdiction where the charge is
77 pending.