H.B. 370

This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Thu, Mar 10, 2011 at 9:38 PM by rday. --> PLEASE NOTE:
THIS DOCUMENT INCLUDES BOTH THE BILL AND ALSO A TRANSMITTAL LETTER THAT CONTAINS PASSED AMENDMENTS BUT NOT INCORPORATED INTO THE BILL.

March 10, 2011


Madam Speaker:

The Senate passed H.B. 370, BAIL BOND AMENDMENTS, by Representative G. Hughes, with the following amendments:

Page 3a House Floor Amendments dated 3-8-211:

Line 85 After "to and including" delete "the next execution of" and
insert "the defendant's appearance to commence serving
the"

and it is transmitted to the House for consideration.

Respectfully,



Annette B. Moore
Secretary of the Senate

16 hb0370.wpd 9:33 pm SCA/rday

This document includes House Committee Amendments incorporated into the bill on Thu, Mar 3, 2011 at 3:12 PM by lerror. --> This document includes House Floor Amendments incorporated into the bill on Tue, Mar 8, 2011 at 11:13 AM by lerror. --> 1 BAIL BOND AMENDMENTS
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Gregory H. Hughes
5 Senate Sponsor: Curtis S. Bramble
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Insurance Code and the Code of Criminal Procedure regarding
10 bail surety and bail bond companies.
11 Highlighted Provisions:
12 This bill:
13 . amends the procedure for the court providing notice to the surety when a defendant
14 who has posted bail fails to appear;
15 H. [ . requires that the clerk of the court notify the prosecutor and the surety when bail has
16 been exonerated; ] .H
17 . provides that bail will be exonerated in H. specified .H cases H. , including .H
17a H. when the defendant appears at the next court hearing and .H where the court has not
17b scheduled any
18 action in the case within H. [ 365 days ] 18 months .H after the most recent docket activity; and
19 . provides licensure qualifications, including training and hours of experience, for
20 bail bond sureties H. and agencies .H .
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 AMENDS:
27 77-20-7, as last amended by Laws of Utah 2006, Chapter 332

28 77-20b-101, as last amended by Laws of Utah 2006, Chapter 332
29 ENACTS:
30 31A-35-401.5, Utah Code Annotated 1953
31
32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 31A-35-401.5 is enacted to read:
34 31A-35-401.5. Additional licensure requirements for a bail bond surety company.
35 (1) A person applying for licensure as a bail bond surety or agency for the first time
36 shall, in addition to the requirements of Section 31A-35-401 , provide proof that at least one
37 principal of the bail bond surety or agency will have a minimum of 2,000 hours of experience
38 working as an employee of a bail bond surety company as a licensed bail bond agent.
39 (2) The applicant shall provide proof of the experience claimed under Subsection (1),
40 including providing:
41 (a) the exact details of the character and nature of the experience on a form provided by
42 the department;
43 (b) a statement by each employer verifying the number of hours the applicant worked
44 for the employer; and
45 (c) (i) federal income reporting forms that account for the wages for hours claimed or
46 documented approval of the claimed hours by the insurance commissioner; and
47 (ii) the total of 2,000 hours may be proved in part by federal income reporting forms
48 and in part by approval by the insurance commissioner.
49 (3) The burden of proving the hours of experience as required in this section is upon
50 the applicant.
51 (4) H. [ A person ] An individual .H who is applying for licensure under this chapter for
51a the first time shall
52 have completed a training program of not less than four hours that is approved by the H. [ board ]
52a commissioner .H and
53 includes:
54 (a) definition of a bail bond, jail procedures regarding bail bonds, court procedures
55 regarding bail bonds, liability of a bail bond, the taking of collateral, returning collateral, trust
56 account separation of funds, fee structure, the 10 percent rule, agent liability, the prohibition on
57 soliciting on county or state property, and the delivery of a bail bond;
58 (b) state laws and administrative rules regarding the operation of a bail bond business;

59 (c) the rights of an accused person; and
60 (d) the ethical requirements of a bail bond business.
61 (5) (a) On and after January 1, 2012, an applicant for renewal of a license under this
62 chapter shall have completed during the prior year two hours of continuing education.
63 (b) The insurance commissioner shall implement the continuing education requirement
64 under this Subsection (5) pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking
65 Act.
66 Section 2. Section 77-20-7 is amended to read:
67 77-20-7. Duration of liability on undertaking -- Notices to sureties -- Exoneration
68 if charges not filed.
69 (1) (a) H. [ The ] Except as provided in Subsection (1)(b), the .H principal and the
69a sureties on the written undertaking are liable on the
70 undertaking during all proceedings and for all court appearances required of the defendant up
71 to and including the surrender of the defendant H. [ in execution of any sentence imposed ] for
71a sentencing, .H
72 irrespective of any contrary provision in the undertaking. Any failure of the defendant to
73 appear H. [ up to ] [ and including execution of sentence ] [ the sentencing ] .H when required is a
73a breach of the conditions of
74 the undertaking or bail and subjects it to forfeiture H. , [ irrespective ] regardless .H of whether
74a or not notice of
75 appearance was given to the sureties H. . [ upon ] Upon sentencing, [ and ] the bond
75a1 shall be exonerated without
75a motion .H .
75b H. (b) If the sentence includes a commitment to a jail or prison, the bond shall be exonerated
75c when the defendant appears at the appropriate jail or prison, unless the judge doesn't require
75d the defendant to begin the commitment within seven days, in which case the bond is
75e exonerated upon sentencing.
76 [ (b) ] (c) .H For purposes of this section, an order of the court accepting a plea in abeyance
77 agreement and holding that plea in abeyance pursuant to Title 77, Chapter 2a, Pleas in
78 Abeyance, is considered to be the same as a sentencing upon a guilty plea.
79 H. [ (c) ] (d) .H Any suspended or deferred sentencing is not the responsibility of the surety
79a and the
80 bond is exonerated without any motion, upon acceptance of the court and the defendant of a
81 plea in abeyance, probation, fine payments, post sentencing reviews, or any other deferred
82 sentencing reviews or any other deferred sentencing agreement.

83 H. [ (d) ] (e) .H If a surety issues a bond after the H. [ execution of sentence ]
83a sentencing .H , the surety is liable on the
84 undertaking H. [ [ ] during all proceedings and for all court appearances
84a required of the defendant up [ ] ]
85 [ [ ] to and including the next execution of sentence imposed under Subsection [ 77-20-7 ](1) [ ] ] and
85a1 [ until the
85a next court hearing. Upon appearance of the defendant, the bond shall be exonerated without
85b motion ] .H .
86 (2) If no information or indictment charging a person with an offense is filed in court
87 within 120 days after the date of the bail undertaking or cash receipt, the court may relieve a
88 person from conditions of release at the person's request, and the bond or undertaking is
89 exonerated without further order of the court unless the prosecutor requests an extension of

90 time before the end of the 120-day period by:
91 (a) filing a notice for extension with the court; and
92 (b) serving the notice for extension upon the sureties and the person or his attorney.
93 (3) A court may extend bail and conditions of release for good cause.
94 (4) Subsection (2) does not prohibit the filing of charges against a person at any time.
95 (5) If the court does not set on a calendar any hearings on a case within
95a H. [ 365 days ] 18 months .H of the
96 last court docket activity on a case, the undertaking of bail is exonerated without motion.
97 Section 3. Section 77-20b-101 is amended to read:
98 77-20b-101. Entry of nonappearance -- Notice to surety -- Release of surety on
99 failure of timely notice.
100 (1) If a defendant who has posted bail fails to appear before the appropriate
100a court H. [ when ] as .H
101 required [and the court chooses to order forfeiture of the bail], the court shall H. within 30 days of
101a the failure to appear .H issue a bench
102 warrant that includes the original case number. The court shall also direct that the surety be
103 given notice of the nonappearance. The clerk of the court shall:
104 (a) mail notice of nonappearance by certified mail, return receipt requested, within 30
105 days to the address of the surety [or its agent as listed on the bond];
106 (b) notify the surety [or its agent] as listed on the bond of the name, address, and
107 telephone number[, and fax number] of the prosecutor;
108 (c) deliver a copy of the notice sent under Subsection (1)(a) to the prosecutor's office at
109 the same time notice is sent under Subsection (1)(a); and
110 H. [ [ ] (d) ensure that the name, address, and telephone number of the surety or its
110a agent as
111 listed on the bond is stated on the bench warrant. [ ] ]
112 [ (d) ](e) .H mail notice of the failure to appear to the bail H. [ producer's ] .H agent if the
112a surety is
113 different than the producer's agent.
114 (2) The prosecutor may mail notice of nonappearance by certified mail, return receipt
115 requested, to the address of the surety [or its agent] as listed on the bond within 37 days after
116 the date of the defendant's failure to appear.
117 (3) If notice of nonappearance is not mailed to a surety [or its agent] as listed on the
118 bond, other than the defendant, in accordance with Subsection (1) or (2), the surety [is] and its
119 agent are relieved of further obligation under the bond H. [ [ ] if the surety's current
119a name and address
120 or the current name and address of the surety's agent are on the bail bond in the
120a court's file [ ] ] .H .

121 (4) (a) (i) If a defendant appears in court within seven days after a missed, scheduled
122 court appearance, the court may reinstate the bond without further notice to the bond company.
123 (ii) If the defendant, while in custody, appears on the case for which the bond was
124 posted, the court may not reinstate the bond without the consent of the bond company.
125 (b) If a defendant fails to appear within seven days after a scheduled court appearance,
126 the court may not reinstate the bond without the consent of the surety.
127 (c) If the defendant is arrested and booked into a county jail booking facility pursuant
128 to a warrant for failure to appear on the original charges[, the surety may file a motion with the
129 court to] and the court is notified of the arrest, or the court recalls the warrant H. [ for any reason ]
129a due to the defendant's having paid the fine and .H
130 prior to entry of judgment of forfeiture, the court shall exonerate the bond. [The surety shall
131 deliver a copy of the motion to the prosecutor.] H. [ The clerk of the court shall notify the
132 prosecutor and the surety that the bond has been exonerated ] .H .
133 (d) Unless the court makes a finding of good cause why the bond should not be
134 exonerated, it shall exonerate the bond if:
135 (i) the surety has delivered the defendant to the county jail booking facility in the
136 county where the original charge is pending;
137 (ii) the defendant has been released on a bond secured from a subsequent surety for the
138 original charge and the failure to appear;
139 (iii) after an arrest, the defendant has escaped from jail or has been released on the
140 defendant's own recognizance, pursuant to a pretrial release, under a court order regulating jail
141 capacity, or by a sheriff's release under Section 17-22-5.5 ;
142 (iv) the surety has transported or agreed to pay for the transportation of the defendant
143 from a location outside of the county back to the county where the original charge is pending,
144 and the payment is in an amount equal to government transportation expenses listed in Section
145 76-3-201 ; H. [ [ ] or [ ] ]
146 [ (v) or the warrant is recalled for any reason; or ]
147 [ [ ] (v) [ ] ] [ (vi) ] .H the surety demonstrates by a preponderance of the evidence that:
148 (A) at the time the surety issued the bond, it had made reasonable efforts to determine
149 that the defendant was legally present in the United States;
150 (B) a reasonable person would have concluded, based on the surety's determination,
151 that the defendant was legally present in the United States; and

152 (C) the surety has failed to bring the defendant before the court because the defendant
153 is in federal custody or has been deported.
154 (e) Under circumstances not otherwise provided for in this section, the court may
155 exonerate the bond if it finds that the prosecutor has been given reasonable notice of a surety's
156 motion and there is good cause for the bond to be exonerated.
157 (f) If a surety's bond has been exonerated under this section and the surety remains
158 liable for the cost of transportation of the defendant, the surety may take custody of the
159 defendant for the purpose of transporting the defendant to the jurisdiction where the charge is
160 pending.




Legislative Review Note
as of 2-28-11 4:02 PM

Office of Legislative Research and General Counsel