1     
BAIL AMENDMENTS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Lyle W. Hillyard

5     
House Sponsor: Jack R. Draxler

6     

7     LONG TITLE
8     General Description:
9          This bill modifies criminal procedure provisions regarding bail and bail security.
10     Highlighted Provisions:
11          This bill:
12          ▸     revises specified terms, including adding the use of the terms "bail bond" and
13     "surety agency" to replace current terms;
14          ▸     changes specified licensure requirements;
15          ▸     modifies certain provisions regarding bail charges;
16          ▸     amends liability provisions regarding a bail bond producer and a bail bond agency;
17     and
18          ▸     amends record maintenance requirements.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          31A-35-102, as last amended by Laws of Utah 2003, Chapter 298
26          31A-35-103, as last amended by Laws of Utah 2007, Chapter 309
27          31A-35-104, as last amended by Laws of Utah 2000, Chapter 259

28          31A-35-201, as last amended by Laws of Utah 2010, Chapter 286
29          31A-35-202, as last amended by Laws of Utah 2011, Chapter 284
30          31A-35-301, as last amended by Laws of Utah 2009, Chapter 183
31          31A-35-401, as last amended by Laws of Utah 2010, Chapter 10
32          31A-35-401.5, as last amended by Laws of Utah 2012, Chapter 253
33          31A-35-402, as last amended by Laws of Utah 2003, Chapter 298
34          31A-35-404, as last amended by Laws of Utah 2000, Chapter 259
35          31A-35-405, as last amended by Laws of Utah 2009, Chapter 349
36          31A-35-406, as last amended by Laws of Utah 2011, Chapter 284
37          31A-35-407, as enacted by Laws of Utah 1998, Chapter 293
38          31A-35-501, as last amended by Laws of Utah 2000, Chapter 259
39          31A-35-502, as last amended by Laws of Utah 2008, Chapter 382
40          31A-35-503, as last amended by Laws of Utah 2003, Chapter 298
41          31A-35-504, as last amended by Laws of Utah 2010, Chapter 178
42          31A-35-601, as last amended by Laws of Utah 2003, Chapter 298
43          31A-35-602, as last amended by Laws of Utah 2011, Chapter 284
44          31A-35-603, as last amended by Laws of Utah 2003, Chapter 298
45          31A-35-604, as last amended by Laws of Utah 2003, Chapter 298
46          31A-35-605, as last amended by Laws of Utah 2003, Chapter 298
47          31A-35-606, as last amended by Laws of Utah 2003, Chapter 298
48          31A-35-607, as last amended by Laws of Utah 2012, Chapter 253
49          31A-35-608, as last amended by Laws of Utah 2003, Chapter 298
50          31A-35-701, as last amended by Laws of Utah 2004, Chapter 274
51          31A-35-702, as last amended by Laws of Utah 2003, Chapter 298
52          31A-35-703, as last amended by Laws of Utah 2003, Chapter 298
53          31A-35-704, as last amended by Laws of Utah 2003, Chapter 298
54          77-18a-1, as last amended by Laws of Utah 2009, Chapter 175
55          77-20-1, as last amended by Laws of Utah 2015, Chapter 99
56          77-20-3, as last amended by Laws of Utah 1998, Chapter 293
57          77-20-4, as last amended by Laws of Utah 2014, Chapter 170
58          77-20-7, as last amended by Laws of Utah 2011, Chapter 179

59          77-20-8.5, as last amended by Laws of Utah 2001, Chapter 245
60          77-20-9, as last amended by Laws of Utah 2008, Chapter 3
61          77-20-10, as last amended by Laws of Utah 2012, Chapter 380
62          77-20b-101, as last amended by Laws of Utah 2011, Chapter 179
63          77-20b-102, as last amended by Laws of Utah 2000, Chapter 259
64          77-20b-103, as last amended by Laws of Utah 2000, Chapter 259
65          77-20b-104, as last amended by Laws of Utah 2006, Chapter 332
66          77-20b-105, as enacted by Laws of Utah 2006, Chapter 332
67     ENACTS:
68          77-20b-100, Utah Code Annotated 1953
69     REPEALS:
70          77-20-5, as last amended by Laws of Utah 1998, Chapter 293
71     

72     Be it enacted by the Legislature of the state of Utah:
73          Section 1. Section 31A-35-102 is amended to read:
74          31A-35-102. Definitions.
75          As used in this chapter:
76          (1) "Bail bond" means a bail bond insurance product for a specified monetary amount
77     that is:
78          (a) executed by a bail bond producer licensed in accordance with Section 31A-35-401;
79     and
80          (b) issued to a court, magistrate, or authorized officer [as security for the subsequent
81     court appearance of the defendant upon the defendant's release from actual custody pending the
82     appearance.] to secure:
83          (i) the release of a person from incarceration; and
84          (ii) the appearance of the released person at court hearings the person is required to
85     attend.
86          [(4)] (2) "Bail bond [surety company] agency" means any sole proprietor or entity
87     [who] that:
88          (a) is licensed under Subsection 31A-35-404(1) or (2);
89          [(a)] (b) (i) is the agent of a surety insurer that [issues] sells a bail bond in connection

90     with judicial proceedings;
91          (ii) pledges the assets of a letter of credit from a Utah depository institution for a bail
92     bond in connection with judicial proceedings; or
93          (iii) pledges personal or real property, or both, as security for a bail bond in connection
94     with judicial proceedings; and
95          [(b)] (c) receives or is promised money or other things of value for a service described
96     in Subsection [(4)(a)] (2)(b).
97          [(2)] (3) "Bail bond producer" means an individual who:
98          (a) is appointed by:
99          (i) a surety insurer that [issues] sells bail bonds; or
100          (ii) a bail bond [surety company] agency licensed under this chapter;
101          (b) is appointed to execute or countersign undertakings of bail in connection with
102     judicial proceedings; and
103          (c) receives or is promised money or other things of value for engaging in an act
104     described in Subsection [(2)] (3)(b).
105          [(3) "Bail bond surety" means a person that:]
106          [(a) (i) is a bail bond surety company licensed under this chapter; or]
107          [(ii) a surety insurer; and]
108          [(b) issues bonds to secure:]
109          [(i) the release of a person from incarceration; and]
110          [(ii) the appearance of that person at court hearings.]
111          [(5)] (4) "Bail enforcement agent" means [an individual who: (a) is employed or
112     contracted with to: (i) enforce the terms and conditions of a defendant's release on bail in a
113     civil or criminal proceeding; (ii) apprehend a defendant or surrender a defendant to custody; or
114     (iii) both Subsections (5)(a)(i) and (ii); and (b) receives or is promised money or other things of
115     value for the services described in Subsection (5)(a)] the same as that term is defined in Section
116     53-11-102.
117          [(6)] (5) "Board" means the Bail Bond [Surety] Oversight Board created in Section
118     31A-35-201.
119          [(7)] (6) "Certificate" means a certificate of authority issued under this chapter to allow
120     an insurer to operate as a surety insurer.

121          [(8)] (7) "Indemnitor" means an entity or natural person [who] that enters into an
122     agreement with a bail bond [surety] agency to hold the bail bond [surety] agency harmless from
123     loss incurred as a result of executing a bail bond.
124          [(9)] (8) "Liquid assets" means financial holdings that can be converted into cash in a
125     timely manner without the loss of principal.
126          (9) "Premium" means the specified monetary amount used to purchase a bail bond.
127          (10) "Principal" means [an individual or corporation whose performance is guaranteed
128     by bond.] a person that:
129          (a) guarantees the performance of a bail bond; or
130          (b) owns less than 10% of the bail bond agency.
131          (11) "Surety insurer" means an insurer that:
132          (a) is licensed under Chapter 4, Insurers in General, Chapter 5, Domestic Stock and
133     Mutual Insurance Corporations, or Chapter 14, Foreign Insurers;
134          (b) receives a certificate under this title; and
135          (c) [issues] sells bail bonds in connection with judicial proceedings.
136          (12) "Utah depository institution" [is] means a depository institution, as defined in
137     Section 7-1-103, that:
138          (a) has Utah as its home state; or
139          (b) operates a branch in Utah.
140          Section 2. Section 31A-35-103 is amended to read:
141          31A-35-103. Exemption from other provisions of this title.
142          Bail bond [surety companies] agencies are exempted from:
143          (1) Chapter 3, Department Funding, Fees, and Taxes, except Section 31A-3-103;
144          (2) Chapter 4, Insurers in General, except Sections 31A-4-102, 31A-4-103, 31A-4-104,
145     and 31A-4-107;
146          (3) Chapter 5, Domestic Stock and Mutual Insurance Corporations, except Section
147     31A-5-103;
148          (4) Chapter 6a, Service Contracts;
149          (5) Chapter 6b, Guaranteed Asset Protection Waiver Act;
150          [(5)] (6) Chapter 7, Nonprofit Health Service Insurance Corporations;
151          [(6)] (7) Chapter 8, Health Maintenance Organizations and Limited Health Plans;

152          (8) Chapter 8a, Health Discount Program Consumer Protection Act;
153          [(7)] (9) Chapter 9, Insurance Fraternals;
154          [(8)] (10) Chapter 10, Annuities;
155          [(9)] (11) Chapter 11, Motor Clubs;
156          [(10)] (12) Chapter 12, State Risk Management Fund;
157          [(11)] (13) Chapter 13, Employee Welfare Funds and Plans;
158          [(12)] (14) Chapter 14, Foreign Insurers;
159          [(13)] (15) Chapter 15, Unauthorized Insurers, Surplus Lines, and Risk Retention
160     Groups;
161          [(14)] (16) Chapter 16, Insurance Holding Companies;
162          [(15)] (17) Chapter 17, Determination of Financial Condition;
163          [(16)] (18) Chapter 18, Investments;
164          [(17)] (19) Chapter 19a, Utah Rate Regulation Act;
165          [(18)] (20) Chapter 20, Underwriting Restrictions;
166          (21) Chapter 23b, Navigator License Act;
167          [(19)] (22) Chapter 25, Third Party Administrators;
168          [(20)] (23) Chapter 26, Insurance Adjusters;
169          [(21)] (24) Chapter 27, Delinquency Administrative Action Provisions;
170          [(22)] (25) Chapter 27a, Insurer Receivership Act;
171          [(23)] (26) Chapter 28, Guaranty Associations;
172          [(24) Chapter 29, Comprehensive Health Insurance Pool Act;]
173          [(25)] (27) Chapter 30, Individual, Small Employer, and Group Health Insurance Act;
174          [(26)] (28) Chapter 31, Insurance Fraud Act;
175          (29) Chapter 32a, Medical Care Savings Account Act;
176          [(27)] (30) Chapter 33, Workers' Compensation Fund; [and]
177          [(28)] (31) Chapter 34, Voluntary Health Insurance Purchasing Alliance Act[.];
178          (32) Chapter 36, Life Settlements Act;
179          (33) Chapter 37, Captive Insurance Companies Act;
180          (34) Chapter 37a, Special Purpose Financial Captive Insurance Company Act;
181          (35) Chapter 38, Federal Health Care Tax Credit Program Act;
182          (36) Chapter 39, Interstate Insurance Product Regulation Compact;

183          (37) Chapter 40, Professional Employer Organization Licensing Act;
184          (38) Chapter 41, Title Insurance Recovery, Education, and Research Fund Act;
185          (39) Chapter 42, Defined Contribution Risk Adjuster Act; and
186          (40) Chapter 43, Small Employer Stop-Loss Insurance Act.
187          Section 3. Section 31A-35-104 is amended to read:
188          31A-35-104. Rulemaking authority.
189          The commissioner shall by rule establish specific licensure and certification guidelines
190     and standards of conduct for the business of bail bond [surety] insurance under this chapter.
191          Section 4. Section 31A-35-201 is amended to read:
192          31A-35-201. Bail Bond Oversight Board.
193          (1) There is created a Bail Bond [Surety] Oversight Board within the department,
194     consisting of:
195          (a) the following seven voting members [to] who shall be appointed by the
196     commissioner:
197          (i) one representative each from four licensed bail bond [surety companies] agencies;
198          (ii) two members of the general public who do not have any financial interest in or
199     professional affiliation with any bail bond [surety company] agency; and
200          (iii) one attorney in good standing licensed to practice law in Utah; and
201          (b) a nonvoting member who is a staff member of the insurance department appointed
202     by the commissioner.
203          (2) (a) The appointments are for terms of four years. A board member may not serve
204     more than two consecutive terms.
205          (b) The [insurance] commissioner shall, at the time of appointment or reappointment of
206     a board member described in Subsection (1)(a), adjust the length of terms to ensure that the
207     terms of board members are staggered so approximately half of the board is appointed every
208     two years.
209          (3) A board member serves until:
210          (a) removed by the [insurance] commissioner;
211          (b) the member's resignation; or
212          (c) for a member described in Subsection (1)(a), the expiration of the member's term
213     and the appointment of a successor.

214          (4) When a vacancy occurs in the membership of a board member described in
215     Subsection (1)(a) for any reason, the replacement shall be appointed for the remainder of the
216     unexpired term.
217          (5) The board shall annually elect one of its members as chair.
218          (6) Four voting members constitute a quorum for the transaction of business.
219          (7) A member may not receive compensation or benefits for the member's service, but
220     may receive per diem and travel expenses in accordance with:
221          (a) Section 63A-3-106;
222          (b) Section 63A-3-107; and
223          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
224     63A-3-107.
225          (8) (a) The commissioner, with a majority vote of the board, may remove any member
226     of the board described in Subsection (1)(a) for misconduct, incompetency, or neglect of duty.
227          (b) The board shall conduct a hearing if requested by the board member described in
228     Subsection (1)(a) that is to be removed.
229          (9) Members of the board are immune from suit with respect to all acts done and
230     actions taken in good faith in carrying out the purposes of this chapter.
231          Section 5. Section 31A-35-202 is amended to read:
232          31A-35-202. Board responsibilities.
233          (1) The board shall:
234          (a) meet:
235          (i) at least quarterly; and
236          (ii) at the call of the chair;
237          (b) make written recommendations to the commissioner for rules governing the
238     following aspects of the bail bond [surety] insurance business:
239          (i) qualifications, applications, and fees for obtaining:
240          (A) a license required by this Section 31A-35-401; or
241          (B) a certificate;
242          (ii) limits on the aggregate amounts of bail bonds;
243          (iii) unprofessional conduct;
244          (iv) procedures for hearing and resolving allegations of unprofessional conduct; and

245          (v) sanctions for unprofessional conduct;
246          (c) screen:
247          (i) bail bond [surety company] agency license applications; and
248          (ii) persons applying for a bail bond [surety company] agency license; and
249          (d) recommend to the commissioner action regarding the granting, renewing,
250     suspending, revoking, and reinstating of bail bond surety company license.
251          (2) The board may:
252          (a) conduct investigations of allegations of unprofessional conduct on the part of
253     persons or bail bond [sureties] agencies involved in the business of bail bond [surety]
254     insurance; and
255          (b) provide the results of the investigations described in Subsection (2)(a) to the
256     commissioner with recommendations for:
257          (i) action; and
258          (ii) any appropriate sanctions.
259          Section 6. Section 31A-35-301 is amended to read:
260          31A-35-301. The commissioner's authority.
261          (1) The commissioner shall:
262          (a) make rules as necessary for the administration of this chapter;
263          (b) with information as provided by the board, issue or deny licensure under this
264     chapter;
265          (c) take action regarding a license, including suspension or revocation; and
266          (d) maintain and publish a current list of licensed bail bond [surety companies]
267     agencies and bail bond producers.
268          (2) The commissioner may establish fees for the issuance, renewal, and reinstatement
269     of a bail bond [surety company] agency license in accordance with Section 63J-1-504.
270          Section 7. Section 31A-35-401 is amended to read:
271          31A-35-401. Requirement for license or certificate of authority -- Process -- Fees
272     -- Limitations.
273          (1) (a) A person may not engage in the bail bond [surety] insurance business unless that
274     person:
275          (i) is a bail bond [surety company] agency licensed under this chapter;

276          (ii) is a surety insurer that is granted a certificate under this section in the same manner
277     as other insurers doing business in this state are granted certificates of authority under this title;
278     or
279          (iii) is a bail bond producer licensed in accordance with this section.
280          (b) A bail bond [surety company] agency shall be licensed under this chapter as an
281     agency.
282          (c) A bail bond producer shall be licensed under Chapter 23a, Insurance Marketing -
283     Licensing Producers, Consultants, and Reinsurance Intermediaries, as a limited lines producer.
284          (2) A person applying for a bail bond [surety company] agency license under this
285     chapter shall submit to the commissioner:
286          (a) a completed application form as prescribed by the commissioner;
287          (b) a fee as determined by the commissioner in accordance with Section 31A-3-103;
288     and
289          (c) any additional information required by rule.
290          (3) A fee required under this section is not refundable.
291          (4) A fee collected from a bail bond [surety company] agency shall be deposited [in]
292     into a restricted account created in Section 31A-35-407.
293          (5) (a) A bail bond [surety company] agency shall be domiciled in Utah.
294          (b) A bail bond producer shall be a resident of Utah.
295          (c) A foreign surety insurer that is granted a certificate to [issue] sell bail bonds may
296     only [issue] sell bail bonds through a bail bond [surety company] agency licensed under this
297     chapter.
298          Section 8. Section 31A-35-401.5 is amended to read:
299          31A-35-401.5. Additional licensure requirements for a bail bond agency.
300          (1) A person applying for licensure or the reinstatement of a license as a bail bond
301     [surety or] agency [for the first time] shall, in addition to the requirements of Section
302     31A-35-401, provide proof that at least one principal of the bail bond [surety or] agency will
303     have a minimum of 2,000 hours of experience working as an employee of a bail bond [surety
304     company] agency as a licensed bail bond [agent] producer.
305          (2) The applicant shall provide proof of the experience claimed under Subsection (1),
306     including providing:

307          (a) the exact details of the character and nature of the experience on a form provided by
308     the department;
309          (b) a statement by each employer verifying the number of hours the applicant worked
310     for the employer; and
311          (c) (i) federal income reporting forms that account for the wages for hours claimed or
312     documented approval of the claimed hours by the insurance commissioner; and
313          (ii) the total of 2,000 hours may be proved in part by federal income reporting forms
314     and in part by approval by the insurance commissioner.
315          (3) The burden of proving the hours of experience as required in this section is upon
316     the applicant.
317          Section 9. Section 31A-35-402 is amended to read:
318          31A-35-402. Authority related to bail bonds.
319          (1) A bail bond [surety company] agency may only [issue] sell bail bonds.
320          (2) In accordance with Section 31A-23a-205, a bail bond producer may not execute or
321     issue a bail bond in this state without holding a current appointment from a [bail bond] surety
322     insurer or a current designation from a bail bond [company] agency.
323          (3) A bail bond surety agency or insurer may not allow any person who is not a bail
324     bond producer to engage in the bail bond surety insurance business on the bail bond [surety's]
325     agency's or insurer's behalf, except for individuals:
326          (a) employed solely for the performance of clerical, stenographic, investigative, or
327     other administrative duties that do not require a license as:
328          (i) a bail bond [surety company] agency; or
329          (ii) a bail bond producer; and
330          (b) whose compensation is not related to or contingent upon the number of bail bonds
331     written.
332          Section 10. Section 31A-35-404 is amended to read:
333          31A-35-404. Minimum financial requirements for bail bond agency license.
334          (1) (a) A bail bond [surety company] agency that pledges the assets of a letter of credit
335     from a Utah depository institution in connection with a judicial proceeding shall maintain an
336     irrevocable letter of credit with a minimum face value of $300,000 assigned to the state from a
337     Utah depository institution.

338          (b) Notwithstanding Subsection (1)(a), a bail bond [surety company] agency described
339     in Subsection (1)(a) that is licensed under this chapter as of December 31, 1999, shall maintain
340     an irrevocable letter of credit with a minimum face value of $250,000 assigned to the state
341     from a Utah depository institution.
342          (2) (a) A bail bond [surety company] agency that pledges personal or real property, or
343     both, as security for a bail bond in connection with a judicial proceeding shall maintain:
344          (i) (A) a current financial statement:
345          (I) reviewed by a certified public accountant; and
346          (II) showing a net worth of at least $300,000, at least $100,000 of which is in liquid
347     assets; or
348          (B) notwithstanding Subsection (2)(a)(i), if the bail bond [surety company] agency is
349     licensed under this chapter as of December 31, 1999, a current financial statement:
350          (I) reviewed by a certified public accountant; and
351          (II) showing a net worth of at least $250,000, at least $50,000 of which is in liquid
352     assets;
353          (ii) a copy of the applicant's federal income tax return for the preceding two years, but
354     only for an original application; and
355          (iii) for each parcel of real property owned by the applicant and included in net worth
356     calculations:
357          (A) a title letter or report, or a current abstract of title from the office of the county
358     recorder; and
359          (B) [an] (I) a certified appraisal [dated not more than two years prior to the date of
360     application.] made fewer than six months prior to licensure for each parcel and a title report
361     that is current as of the date of licensure, if the bail bond agency is in its first year of licensure
362     and has pledged real property owned by the applicant; or
363          (II) a certified appraisal report or a current tax notice and title letter or report, or a
364     current abstract of title from the county recorder if the bail bond agency is in its second or
365     subsequent year of licensure and has pledged real property owned by the applicant.
366          (b) For purposes of this Subsection (2), only real or personal property located in Utah
367     may be included in the net worth of the bail bond [surety company] agency.
368          (3) A bail bond [surety company] agency shall maintain a qualifying power of attorney

369     issued by a surety insurer if:
370          (a) [if] the bail bond [surety company] agency is the agent of the surety insurer; and
371          (b) the surety insurer:
372          (i) [issues] sells bail bonds;
373          (ii) is in good standing in its state of domicile; and
374          (iii) is granted a certificate to write bail bonds in Utah.
375          (4) The commissioner may revoke the license of a bail bond [surety company] agency
376     that fails to maintain the minimum financial requirements required under this section.
377          (5) The commissioner may set by rule the limits on the aggregate amounts of bail
378     bonds issued by a bail bond [surety company] agency.
379          Section 11. Section 31A-35-405 is amended to read:
380          31A-35-405. Issuance of license -- Denial -- Right of appeal.
381          (1) Upon a determination by the board that a person applying for a bail bond [surety
382     company] agency license meets the requirements for issuance of a license under this chapter,
383     the commissioner shall issue to that person a bail bond [surety company] agency license.
384          (2) (a) If the commissioner denies an application for a bail bond [surety company]
385     agency license under this chapter, the commissioner shall provide prompt written notification
386     to the person applying for licensure:
387          (i) stating the grounds for denial; and
388          (ii) notifying the person applying for licensure as a bail bond [surety company] agency
389     that:
390          (A) the person is entitled to a hearing if that person wants to contest the denial; and
391          (B) if the person wants a hearing, the person shall submit the request in writing to the
392     commissioner within 15 days after the issuance of the denial.
393          (b) The department shall schedule a hearing described in Subsection (2)(a) no later
394     than 60 days after the commissioner's receipt of the request.
395          (c) The department shall hear the appeal, and may:
396          (i) return the case to the commissioner for reconsideration;
397          (ii) modify the commissioner's decision; or
398          (iii) reverse the commissioner's decision.
399          (3) A decision under this section is subject to review under Title 63G, Chapter 4,

400     Administrative Procedures Act.
401          Section 12. Section 31A-35-406 is amended to read:
402          31A-35-406. Renewal and reinstatement.
403          (1) (a) A license under this chapter expires [annually] on August 14. To renew its
404     license under this chapter, on or before July 15 a bail bond surety company shall:
405          (i) complete and submit a renewal application to the department; [and]
406          (ii) require that a principal of the agency attends at least one board meeting each year;
407     and
408          [(ii)] (iii) pay the department the applicable renewal fee established in accordance with
409     Section 31A-3-103.
410          (b) A bail bond [surety company] agency shall renew its license under this chapter
411     annually as established by department rule, regardless of when the license is issued.
412          (2) A bail bond [surety company] agency may apply for reinstatement of an expired
413     bail bond [surety company] agency license within one year following the expiration of the
414     license under Subsection (1) by:
415          (a) submitting the renewal application required by Subsection (1); and
416          (b) paying a license reinstatement fee established in accordance with Section
417     31A-3-103.
418          (3) If a bail bond [surety company] agency license has been expired for more than one
419     year, the person applying for reinstatement of the bail bond [surety] agency license shall:
420          (a) submit a new application form to the commissioner; and
421          (b) pay the application fee established in accordance with Section 31A-3-103.
422          (4) If a bail bond [surety company] agency license is suspended, the applicant may not
423     submit an application for a bail bond [surety company] agency license until after the end of the
424     period of suspension.
425          (5) A fee collected under this section shall be deposited in the restricted account
426     created in Section 31A-35-407.
427          Section 13. Section 31A-35-407 is amended to read:
428          31A-35-407. Restricted account.
429          (1) There is created within the General Fund a restricted account known as the "Bail
430     Bond [Surety] Administration Account."

431          (2) (a) The account shall be funded from the fees imposed under this chapter.
432          (b) The department shall deposit all fees collected under this part [in] into the account.
433          (c) The funds in the account shall be used by the department to administer this chapter.
434          (d) The account shall earn interest, which shall be deposited [in] into the account.
435          (3) The department shall at the end of each quarter provide to the board an itemized
436     accounting that includes the balances at the beginning and the end of the quarter. The
437     department shall provide the report no later than the 30th day of the month subsequent to the
438     last month of the required quarterly report.
439          Section 14. Section 31A-35-501 is amended to read:
440          31A-35-501. Emergency action regarding a license.
441          (1) If the commissioner determines, based on an investigation, that the public health,
442     safety, or welfare requires emergency action, the commissioner may order a summary
443     suspension of a bail bond [surety company] agency license pending proceedings for revocation
444     or other action.
445          (2) The order described in Subsection (1) shall:
446          (a) state the grounds upon which the summary suspension is issued, including the
447     charges made against the licensee; and
448          (b) advise the licensee of the right to an administrative hearing before the commissioner
449     within 60 days after the summary suspension is ordered.
450          Section 15. Section 31A-35-502 is amended to read:
451          31A-35-502. Notification of violation of chapter.
452          If the commissioner has reason to believe a person licensed as a bail bond [surety
453     company] agency, surety insurer, or [a] bail bond producer has violated this chapter, written
454     notice shall be sent to that person, advising the person of:
455          (1) the alleged violation;
456          (2) the commissioner's authority to take action against the person's license;
457          (3) the person's right to an administrative hearing under Title 63G, Chapter 4,
458     Administrative Procedures Act; and
459          (4) the period of time within which the hearing described in Subsection (3) shall be
460     requested if the person requests a hearing.
461          Section 16. Section 31A-35-503 is amended to read:

462          31A-35-503. Disciplinary action -- Hearing -- Appeal.
463          (1) Based on information the commissioner receives during a hearing described in
464     Section 31A-35-502 regarding a person licensed as a bail bond [surety company] agency or bail
465     bond producer, the commissioner may:
466          (a) dismiss the complaint if the commissioner finds it is without merit;
467          (b) fix a period and terms of probation best adopted to educate the person;
468          (c) place the license on suspension for a period of not more than 12 months; [or]
469          (d) impose a forfeiture pursuant to Section 31A-2-308; or
470          [(d)] (e) revoke the license.
471          (2) The commissioner shall advise the person described in Subsection (1) in writing of:
472          (a) the commissioner's findings based on the hearing; and
473          (b) the person's rights of appeal under this chapter.
474          (3) (a) Unless the conditions of Subsection (3)(b) are met, if a bail bond [surety
475     company] agency license is suspended or revoked under this chapter, a member, employee,
476     officer, or director of that corporation may not:
477          (i) be licensed as a bail bond [surety company] agency or bail bond producer; or
478          (ii) be designated in any license to exercise authority under this chapter during the
479     period of the suspension or revocation.
480          (b) Subsection (3)(a) does not apply if the commissioner determines upon substantial
481     evidence that the member, employee, officer, or director:
482          (i) was not personally at fault; and
483          (ii) did not acquiesce in the matter on account of which the license was suspended or
484     revoked.
485          Section 17. Section 31A-35-504 is amended to read:
486          31A-35-504. Failure to pay bail bond forfeiture -- Grounds for suspension and
487     revocation of bail bond agency license.
488          (1) As used in this section:
489          (a) ["Company"] "Agency" means a bail bond [surety company] agency.
490          (b) "Judgment" means a judgment of bail bond forfeiture issued under Section
491     77-20b-104.
492          (2) (a) (i) [A company] An agency shall pay a judgment not later than 15 days

493     following service of notice upon the [company] agency from a prosecutor of the entry of the
494     judgment.
495          (ii) [A company] An agency may pay a bail bond forfeiture to the court prior to
496     judgment.
497          (b) (i) A prosecutor who does not receive proof of or notice of payment of the
498     judgment within 15 days after the service of notice to the [company] agency of a judgment
499     shall notify the commissioner of the failure to pay the judgment.
500          (ii) The commissioner shall notify the [company] agency, by the most expeditious
501     means available, of the nonpayment of the judgment.
502          (iii) The [company] agency shall satisfy the judgment within five business days after
503     receiving notice under Subsection (2)(b)(ii). If the judgment is not satisfied at the end of the
504     five days, the commissioner may suspend the [company's] agency's license under Subsection
505     (3).
506          (c) If notice of entry of judgment is served upon the [company] agency by mail, three
507     additional days are added to the 15 days provided in Subsections (2)(a), (2)(b), and (2)(d).
508          (d) A prosecutor may not proceed under Subsection (2)(b) if [a company] an agency,
509     within 15 days after service of notice of the entry of judgment is served:
510          (i) files a motion to set aside the judgment or files an application for an extraordinary
511     writ; and
512          (ii) provides proof that the [surety] agency has posted the judgment amount with the
513     court in the form of cash, a cashier's check, or certified funds.
514          (e) As used in this section, the filing of the following tolls the time within which [a
515     company] an agency is required to pay a judgment if the motion or application is filed within
516     15 days after the day on which service of notice of the entry of a judgment is served:
517          (i) a motion to set aside a judgment; or
518          (ii) an application for extraordinary writ.
519          (3) The commissioner shall suspend the license of the [company] agency not later than
520     five days following the [company's] agency's failure to satisfy the judgment as required under
521     Subsection (2)(b).
522          (4) If the prosecutor receives proof of or notice of payment of the judgment during the
523     suspension period under Subsection (3), the prosecutor shall immediately notify the

524     commissioner of the payment. The notice shall be in writing and by the most expeditious
525     means possible, including facsimile or other electronic means.
526          (5) The commissioner shall lift a suspension under Subsection (3) within five days of
527     the day on which all of the following conditions are met:
528          (a) the suspension has been in place for no fewer than 14 days;
529          (b) the commissioner has received written notice of payment of the unpaid forfeiture
530     from the prosecutor; and
531          (c) the commissioner has received:
532          (i) no other notice of any unpaid forfeiture from a prosecutor; or
533          (ii) if a notice of unpaid forfeiture is received, written notice from the prosecutor that
534     the unpaid forfeiture has been paid.
535          (6) The commissioner shall commence an administrative proceeding and revoke the
536     license of [a company] an agency that fails to meet the conditions under Subsection (5) within
537     60 days following the initial date of suspension.
538          (7) This section does not restrict or otherwise affect the rights of a prosecutor to
539     commence collection proceedings under Subsection 77-20b-104(5).
540          Section 18. Section 31A-35-601 is amended to read:
541          31A-35-601. Acts of producer or agent.
542          [(1) As used in this section:]
543          [(a) "Bail recovery agent" means an individual employed by a bail enforcement agent
544     to assist the bail enforcement agent regarding civil or criminal defendants released on bail by:]
545          [(i) presenting a defendant for required court appearances;]
546          [(ii) apprehending or surrendering a defendant to a court; or]
547          [(iii) keeping the defendant under necessary surveillance.]
548          [(b) "Bail recovery apprentice" means an individual who:]
549          [(i) is employed by a bail enforcement agent; and]
550          [(ii) works under the direct supervision of that bail enforcement agent or under the
551     direct supervision of a bail recovery agent employed also by the bail enforcement agent, unless
552     the bail recovery apprentice is conducting activities at the direction of the employing bail
553     enforcement agent that do not require direct supervision.]
554          [(2)] (1) The acts or conduct of any bail bond producer [or bail enforcement agent, bail

555     recovery agent, or bail recovery apprentice] who acts within the scope of the authority
556     delegated to [him] the producer by the bail bond [surety,] agency or surety insurer are
557     considered to be the acts or conduct of the bail bond agency or surety insurer for which the bail
558     bond producer [or bail bond enforcement agent, bail recovery agent, or bail recovery
559     apprentice] is acting as agent.
560          (2) The acts or conduct of any bail bond agency that acts within the scope of the
561     authority delegated to the bail bond agency by the surety insurer are considered to be the acts or
562     conduct of the surety insurer.
563          [(3) The acts or conduct of any bail bond producer or bail enforcement agent, bail
564     recovery agent, or bail recovery apprentice who acts within the scope of the authority delegated
565     to him by the bail bond producer are considered to be the acts or conduct of the bail bond
566     producer for which the bail enforcement agent is acting as agent.]
567          (3) (a) Bail bond agencies and surety insurers are not liable for the actions of bail
568     enforcement agents, bail recovery agents, or bail recovery apprentices.
569          (b) Bail enforcement agent, bail recovery agent, and bail recovery apprentice mean the
570     same as those terms are defined in Section 53-11-102.
571          Section 19. Section 31A-35-602 is amended to read:
572          31A-35-602. Place of business -- Records to be kept at place of business.
573          (1) (a) A bail bond [surety company] agency shall have and maintain in this state a
574     place of business:
575          (i) accessible to the public; and
576          (ii) where the bail bond [surety company] agency principally conducts transactions
577     authorized by its bail bond [surety company] agency license.
578          (b) The address of the place of business described in Subsection (1)(a) shall appear
579     upon:
580          (i) the application for a bail bond [surety company] agency license; and
581          (ii) a bail bond [surety company] agency license issued under this chapter.
582          (c) In addition to complying with Subsection (1)(b), a bail bond [surety company]
583     agency shall register and maintain with the commissioner the following at which the
584     commissioner may contact the bail bond [surety company] agency:
585          (i) a telephone number; and

586          (ii) a business email address.
587          (d) A bail bond [surety company] agency shall notify the commissioner within 20 days
588     of a change in the bail bond [surety company's] agency's:
589          (i) place of business address;
590          (ii) telephone number; or
591          (iii) business email address.
592          (e) All forms required to be filed with the department pursuant to Section 31A-35-607
593     by the bail bond agency shall contain the address, telephone number, and business email
594     address as changed under Subsection (1)(d) within 20 days of the change.
595          [(e)] (f) This section does not prohibit a bail bond [surety company] agency from
596     maintaining the place of business required under this section in the licensee's residence, if the
597     residence is in Utah.
598          (2) The bail bond [surety company] agency shall keep at the place of business
599     described in Subsection (1)(a) the records required under Section 31A-35-604.
600          Section 20. Section 31A-35-603 is amended to read:
601          31A-35-603. Collateral security.
602          (1) A bail bond producer may accept collateral security in connection with a bail
603     transaction, if the collateral security is reasonable in relation to the face amount of the bail
604     bond.
605          (2) (a) The collateral security described in Subsection (1) shall be received by the bail
606     bond producer in the bail bond producer's fiduciary capacity.
607          (b) Before any judgment of forfeiture of bail, the bail bond producer shall keep the
608     collateral separate and apart from any other funds or assets of the licensee.
609          (c) All cash collateral shall be recorded and deposited into the bail bond agency's trust
610     account within three business days after receipt of the cash.
611          (d) All personal property and merchandise collateral shall be recorded in the bail bond
612     agency's merchandise log within three business days after receipt of the merchandise.
613          (3) (a) Any collateral that is deposited with a bail bond producer or bail bond [surety]
614     agency shall be returned to the person who deposited it within 10 days after the return is
615     requested by the person who deposited it if:
616          (i) the bail bond has been exonerated; and

617          (ii) all fees owed to the bail bond producer or bail bond [surety] agency have been paid.
618          (b) A certified copy of the minute order from the court stating the bail or undertaking
619     was ordered exonerated is prima facie evidence of exoneration or termination of liability.
620          (4) (a) If a bail bond producer accepts collateral, the bail bond producer shall give a
621     written receipt for the collateral.
622          (b) The receipt required by Subsection (4)(a) shall include a fully detailed account of
623     the collateral received.
624          (5) Upon return of collateral to the person who posted it, if any amount has been
625     deducted by the bail bond [surety] agency or bail bond producer as expense, the bail bond
626     [surety] agency or bail bond producer shall:
627          (a) include with the returned collateral an itemized statement of all expenses deducted
628     from the collateral; and
629          (b) maintain a copy of the statement required by Subsection (5)(a) in the records of the
630     bail bond [surety] agency or bail bond producer.
631          (6) If the bail bond secured by the collateral is forfeited and the bail bond producer or
632     bail bond [surety] agency retains possession of the collateral in payment of the forfeiture or
633     otherwise disposes of the collateral, the person retaining possession or disposing of the
634     property shall maintain a written record of the collateral, including any disposition.
635          (7) (a) If a document that conveys title to real property is used as collateral in a bail
636     bond transaction, the document shall state on its face that it is executed as part of a security
637     transaction.
638          (b) If the document described in Subsection (7)(a) is recorded, the bail bond producer
639     or the bail bond [surety] agency shall:
640          (i) execute a reconveyance of the property, executed so that the reconveyance can be
641     recorded; and
642          (ii) promptly deliver the reconveyance document to:
643          (A) the person executing the original conveyance; or
644          (B) the heirs, legal representative, or successor in interest of the person described in
645     Subsection (7)(b)(ii)(A).
646          (8) The bail bond agency shall maintain an itemized list of all merchandise collateral,
647     which shall include:

648          (a) the date of the bail bond;
649          (b) the full name of the defendant;
650          (c) the full name of each cosigner;
651          (d) a detailed description of the collateral;
652          (e) the amount of bail;
653          (f) the approximate value of the merchandise; and
654          (g) the final disposition of the merchandise.
655          Section 21. Section 31A-35-604 is amended to read:
656          31A-35-604. Records.
657          (1) A bail bond producer shall maintain at the bail bond producer's place of business:
658          (a) records of all bail bonds the bail bond producer executes or countersigns, so the
659     public may obtain all necessary information concerning those bail bonds for [at least one] not
660     less than the current calendar year plus the three prior years after the liability of the bail bond
661     agency or surety insurer has been terminated; and
662          (b) any additional information the commissioner may reasonably require by rule.
663          (2) Records required to be maintained under Subsection (1) shall be available for
664     examination by the commissioner or the commissioner's representatives during regular
665     business hours.
666          (3) The bail bond [surety company] agency shall maintain for not less than the current
667     calendar year and the three years after receipt all records of any bail bond executed or
668     countersigned by a bail bond producer appointed by the bail bond [surety company] agency.
669          Section 22. Section 31A-35-605 is amended to read:
670          31A-35-605. Guarantors -- Agreement and enforcement.
671          (1) All agreements of persons to act as guarantor for a bail bond shall be in writing or
672     reduced to writing as soon as possible after completion.
673          (2) When a person executes an agreement to act as a guarantor, the bail bond [surety
674     company] agency or the bail bond producer shall deliver to that person a copy of the agreement
675     promptly upon that person's execution of the agreement.
676          (3) A bail bond producer may not enforce any guarantor agreement without disclosing
677     to the guarantor all collateral held by the bail bond producer indemnifying the bail bond to
678     which the agreement relates, and the identity of each other guarantor.

679          Section 23. Section 31A-35-606 is amended to read:
680          31A-35-606. Bail agreement prior to commission of offense prohibited.
681          A bail bond [surety] agency or bail bond producer may not enter into an agreement or
682     arrangement with any person, guaranteeing or assuring in advance of the commission of any
683     offense that bail will be furnished to that person or any other party if arrested.
684          Section 24. Section 31A-35-607 is amended to read:
685          31A-35-607. Filing of forms -- Commissioner maintains files.
686          (1) (a) In accordance with Section 31A-21-201, [only] a bail bond [surety company]
687     agency that meets the financial capacity requirements through the use of a letter of credit,
688     personal property, [or] real property, or a surety insurer shall file with the commissioner a copy
689     of each form the bail bond [surety company] agency or surety insurer uses in the bail bond
690     [surety] insurance business.
691          (b) A surety insurer filing shall comply with the following:
692          (i) a form shall be identified by a unique form number;
693          (ii) the surety insurer shall file a form on behalf of each bail bond [surety company]
694     agency appointed to write on behalf of the surety insurer;
695          (iii) once a filing is filed with the commissioner, it is the responsibility of the surety
696     insurer to verify that the bail bond [surety company] agency and its producers are using the
697     correct form;
698          (iv) a bail bond [surety company] agency and its producers are prohibited from using a
699     form that has not been filed by the surety insurer; and
700          (v) a bail bond [surety company] agency and its producers are prohibited from making
701     changes to a form that is filed by the surety insurer.
702          (c) A bail bond [surety company] agency filing, for a bail bond [surety company]
703     agency that meets the financial capacity requirements through the use of a letter of credit,
704     personal property, or real estate, shall comply with the following:
705          (i) a form shall be identified by a unique form number;
706          (ii) once a filing is filed with the commissioner, it is the responsibility of the bail bond
707     [surety company] agency to verify that its bail bond producers are using the correct form;
708          (iii) a bail bond producer is prohibited from using a form that has not been filed by the
709     bail bond [surety company] agency; and

710          (iv) a bail bond producer is prohibited from making changes to a form that is filed by
711     the bail bond [surety company] agency.
712          (2) A form described in Subsection (1) shall be filed 30 days before the form:
713          (a) is first used by the bail bond [surety company] agency or surety insurer; and
714          (b) is changed after it is filed under Subsection (2)(a).
715          (3) (a) The commissioner shall maintain and make available for public inspection a file
716     regarding each bail bond [surety company] agency and each surety insurer.
717          (b) A bail bond [surety company] agency and surety insurer shall maintain a form
718     required to be filed under this section in the office of the bail bond [surety company] agency or
719     surety insurer.
720          Section 25. Section 31A-35-608 is amended to read:
721          31A-35-608. Premiums and authorized charges.
722          (1) A bail bond [surety] agency or bail bond producer may not, in any bail transaction
723     or in connection with that transaction, directly or indirectly, charge or collect money or other
724     valuable consideration from any person except to:
725          (a) pay the premium on the bail at the rates established by the bail bond agency or
726     surety insurer;
727          (b) provide collateral;
728          (c) reimburse [himself] the agency or producer for actual expenses, as described in
729     Subsection (2), incurred in connection with the bail bond transaction; or
730          (d) [to] reimburse [himself] the agency or producer, or to establish a right of action
731     against the principal or any indemnitor, for actual expenses the bail bond [surety] agency or
732     bail bond producer incurred:
733          (i) in good faith; and
734          (ii) which were by reason of breach by the defendant of any of the terms of the written
735     agreement under which the undertaking of bail or bail bond was written.
736          (2) (a) A bail bond [surety] agency or surety insurer may bring an action in a court of
737     law to enforce its equitable rights against the principal and the principal's indemnitors in
738     exoneration if:
739          (i) a bail bond producer did not establish a written agreement; or
740          (ii) there is only an incomplete writing.

741          (b) Reimbursement claimed under this Subsection (2) may not exceed the sum of:
742          (i) the principal sum of the bail bond or undertaking; and
743          (ii) any reasonable expenses that:
744          (A) are verified by receipt;
745          (B) in total do not amount to more than the principal sum of the bail bond or
746     undertaking; and
747          (C) are incurred in good faith by the bail bond [surety] agency, its bail bond producers,
748     and the agency's employees by reason of the principal's breach.
749          (3) This section does not affect or impede the right of a bail bond producer to execute
750     undertaking of bail on behalf of a nonresident producer of the bail bond agency or surety
751     insurer the bail bond producer represents.
752          (4) A bail bond agency or surety insurer shall maintain complete records of all current
753     and closed accounts receivable regarding financed premiums for the current calendar year and
754     the three prior years.
755          (5) If the bail amount on the original charge is increased by the court, the bail premium
756     paid on the original bond may be applied to the bail premium due on the increased bail amount
757     for that charge.
758          Section 26. Section 31A-35-701 is amended to read:
759          31A-35-701. Prohibited acts.
760          (1) A bail bond producer or bail bond [surety] agency may not:
761          (a) solicit business in or about:
762          (i) any place where persons in the custody of the state or any local law enforcement or
763     correctional agency are confined; or
764          (ii) any court;
765          (b) pay a fee or rebate or give or promise anything of value to any person in order to
766     secure a settlement, compromise, remission, or reduction of the amount of any undertaking or
767     bail bond;
768          (c) pay a fee or rebate or give anything of value to an attorney in regard to any bail
769     bond matter, except payment for legal services actually rendered for the bail bond producer or
770     bail bond [surety] agency;
771          (d) pay a fee or rebate or give or promise anything of value to the principal or anyone

772     in the principal's behalf; or
773          (e) engage in any other act prohibited by the commissioner by rule.
774          (2) The following persons may not act as bail bond producers and may not, directly or
775     indirectly, receive any benefits from the execution of any bail bond:
776          (a) a person employed at any jail, correctional facility, or other facility used for the
777     incarceration of persons;
778          (b) a peace officer;
779          (c) a judge; and
780          (d) [a trusty or prisoner] an inmate incarcerated in any jail, correctional facility, or
781     other facility used for the incarceration of persons.
782          (3) A bail bond producer may not:
783          (a) sign or countersign in blank any bail bond; [or]
784          (b) give the power of attorney to, or otherwise authorize anyone to, countersign in the
785     bail bond producer's name to a bail bond[.]; or
786          (c) submit a bail bond to a jail or court in Utah without having completed a written
787     agreement that:
788          (i) states the terms of the bail agreement, contract, or undertaking;
789          (ii) is signed by the bail bond producer; and
790          (iii) is filed with the department.
791          (4) A bail bond producer may not advertise or hold himself or herself out to be a bail
792     bond agency or surety insurer.
793          (5) The following persons or members of their immediate families may not solicit
794     business on behalf of a bail bond [surety] agency or bail bond producer:
795          (a) a person employed at any jail, correctional facility, or other facility used for the
796     incarceration of persons;
797          (b) a peace officer;
798          (c) a judge; [and] or
799          (d) [a trusty or prisoner] an inmate incarcerated in any jail, correctional facility, or
800     other facility used for the incarceration of persons.
801          Section 27. Section 31A-35-702 is amended to read:
802          31A-35-702. Early surrender without cause.

803          (1) The bail or bail bond premium shall be returned in full if a bail bond producer
804     without good cause surrenders a defendant to custody before:
805          (a) the time specified in the undertaking of bail or the bail bond for the appearance of
806     the defendant; or
807          (b) any other occasion where the presence of the defendant in court is lawfully
808     required.
809          (2) As used in this section, "good cause" includes:
810          (a) the defendant providing materially false information on the application for bail or a
811     bail bond;
812          (b) the court's increasing the amount of bail beyond sound underwriting criteria
813     employed by:
814          (i) the bail bond producer; or
815          (ii) the bail bond [surety] agency;
816          (c) a material and detrimental change in the collateral posted by:
817          (i) the defendant; or
818          (ii) a person acting on the defendant's behalf;
819          (d) the defendant changing the defendant's address or telephone number without giving
820     reasonable notice to:
821          (i) the bail bond producer; or
822          (ii) the bail bond [surety] agency;
823          (e) the defendant commits another crime, other than a minor traffic violation, as
824     defined by department rule, while on bail;
825          (f) failure by the defendant to appear in court at the appointed time; or
826          (g) a finding of guilt against the defendant by a court of competent jurisdiction.
827          Section 28. Section 31A-35-703 is amended to read:
828          31A-35-703. Disciplinary action.
829          (1) A person found to be in violation of the statutes or rules governing the conduct of
830     bail bond producers and bail bond [sureties] agencies under this chapter is subject to:
831          (a) disciplinary action by the commissioner against that person's:
832          (i) license, if the person is a bail bond [surety company] agency or bail bond producer;
833     or

834          (ii) certificate, if the person is a surety insurer; and
835          (b) imposition of civil penalties, as authorized under Title 31A, Chapter 2,
836     Administration of the Insurance Laws.
837          (2) Penalties collected under this section shall be deposited in the restricted account
838     created in Section 31A-35-407.
839          Section 29. Section 31A-35-704 is amended to read:
840          31A-35-704. Submission of bail bond agencies and producers to jurisdiction of
841     court.
842          By applying for and receiving a license or certificate to engage in the bail bond [surety]
843     insurance business in accordance with this chapter, a bail bond surety or bail bond producer:
844          (1) submits to the jurisdiction of the court;
845          (2) irrevocably appoints the clerk of the court as agent upon whom any papers affecting
846     the bail bond [surety's] agency's or bail bond producer's liability on the undertaking may be
847     served; and
848          (3) acknowledges that liability may be enforced on motion and upon notice as the court
849     may require, without the necessity of an independent action.
850          Section 30. Section 77-18a-1 is amended to read:
851          77-18a-1. Appeals -- When proper.
852          (1) A defendant may, as a matter of right, appeal from:
853          (a) a final judgment of conviction, whether by verdict or plea;
854          (b) an order made after judgment that affects the substantial rights of the defendant;
855          (c) an order adjudicating the defendant's competency to proceed further in a pending
856     prosecution; or
857          (d) an order denying bail, as provided in Subsection 77-20-1[(7)](8).
858          (2) In addition to any appeal permitted by Subsection (1), a defendant may seek
859     discretionary appellate review of any interlocutory order.
860          (3) The prosecution may, as a matter of right, appeal from:
861          (a) a final judgment of dismissal, including a dismissal of a felony information
862     following a refusal to bind the defendant over for trial;
863          (b) a pretrial order dismissing a charge on the ground that the court's suppression of
864     evidence has substantially impaired the prosecution's case;

865          (c) an order granting a motion to withdraw a plea of guilty or no contest;
866          (d) an order arresting judgment or granting a motion for merger;
867          (e) an order terminating the prosecution because of a finding of double jeopardy or
868     denial of a speedy trial;
869          (f) an order granting a new trial;
870          (g) an order holding a statute or any part of it invalid;
871          (h) an order adjudicating the defendant's competency to proceed further in a pending
872     prosecution;
873          (i) an order finding, pursuant to Title 77, Chapter 19, Part 2, Competency for
874     Execution, that an inmate sentenced to death is incompetent to be executed;
875          (j) an order reducing the degree of offense pursuant to Section 76-3-402; or
876          (k) an illegal sentence.
877          (4) In addition to any appeal permitted by Subsection (3), the prosecution may seek
878     discretionary appellate review of any interlocutory order entered before jeopardy attaches.
879          Section 31. Section 77-20-1 is amended to read:
880          77-20-1. Right to bail -- Denial of bail -- Hearing.
881          (1) As used in this chapter:
882          (a) "Bail bond agency" means the same as that term is defined in Section 31A-35-102.
883          (b) "Surety" and "sureties" mean a surety insurer or a bail bond agency.
884          (c) "Surety insurer" means the same as that term is defined in Section 31A-35-102.
885          [(1)] (2) A person charged with or arrested for a criminal offense shall be admitted to
886     bail as a matter of right, except if the person is charged with a:
887          (a) capital felony, when the court finds there is substantial evidence to support the
888     charge;
889          (b) felony committed while on probation or parole, or while free on bail awaiting trial
890     on a previous felony charge, when the court finds there is substantial evidence to support the
891     current felony charge;
892          (c) felony when there is substantial evidence to support the charge and the court finds
893     by clear and convincing evidence that the person would constitute a substantial danger to any
894     other person or to the community, or is likely to flee the jurisdiction of the court, if released on
895     bail; or

896          (d) felony when the court finds there is substantial evidence to support the charge and
897     it finds by clear and convincing evidence that the person violated a material condition of
898     release while previously on bail.
899          [(2)] (3) Any person who may be admitted to bail may be released either on the
900     person's own recognizance or upon posting bail, on condition that the person appear in court
901     for future court proceedings in the case, and on any other conditions imposed in the discretion
902     of the magistrate or court that will reasonably:
903          (a) ensure the appearance of the accused;
904          (b) ensure the integrity of the court process;
905          (c) prevent direct or indirect contact with witnesses or victims by the accused, if
906     appropriate; and
907          (d) ensure the safety of the public.
908          [(3)] (4) (a) Except as otherwise provided, the initial order denying or fixing the
909     amount of bail shall be issued by the magistrate or court issuing the warrant of arrest.
910          (b) A magistrate may set bail upon determining that there was probable cause for a
911     warrantless arrest.
912          (c) A bail commissioner may set bail in a misdemeanor case in accordance with
913     Sections 10-3-920 and 17-32-1.
914          (d) A person arrested for a violation of a jail release agreement or jail release order
915     issued pursuant to Section 77-36-2.5:
916          (i) may not be released before the accused's first judicial appearance; and
917          (ii) may be denied bail by the court under Subsection 77-36-2.5(8) or (12).
918          [(4)] (5) The magistrate or court may rely upon information contained in:
919          (a) the indictment or information;
920          (b) any sworn probable cause statement;
921          (c) information provided by any pretrial services agency; or
922          (d) any other reliable record or source.
923          [(5)] (6) (a) A motion to modify the initial order may be made by a party at any time
924     upon notice to the opposing party sufficient to permit the opposing party to prepare for hearing
925     and to permit any victim to be notified and be present.
926          (b) Hearing on a motion to modify may be held in conjunction with a preliminary

927     hearing or any other pretrial hearing.
928          (c) The magistrate or court may rely on information as provided in Subsection [(4)] (5)
929     and may base its ruling on evidence provided at the hearing so long as each party is provided
930     an opportunity to present additional evidence or information relevant to bail.
931          [(6)] (7) Subsequent motions to modify bail orders may be made only upon a showing
932     that there has been a material change in circumstances.
933          [(7)] (8) An appeal may be taken from an order of any court denying bail to the
934     Supreme Court, which shall review the determination under Subsection [(1)] (2).
935          [(8)] (9) For purposes of this section, any arrest or charge for a violation of Section
936     76-5-202, Aggravated murder, is a capital felony unless:
937          (a) the prosecutor files a notice of intent to not seek the death penalty; or
938          (b) the time for filing a notice to seek the death penalty has expired and the prosecutor
939     has not filed a notice to seek the death penalty.
940          Section 32. Section 77-20-3 is amended to read:
941          77-20-3. Release on own recognizance -- Changing amount of bail or conditions
942     of release.
943          (1) Any person who may be admitted to bail may likewise be released on [his] the
944     person's own recognizance in the discretion of the magistrate or court.
945          (2) After releasing the defendant on [his] the defendant's own recognizance or
946     admitting the defendant to bail, the magistrate or court may:
947          (a) impose bail or increase or decrease the amount of the bail; and
948          (b) impose or change the conditions of release under Subsection 77-20-1[(2)](3).
949          Section 33. Section 77-20-4 is amended to read:
950          77-20-4. Bail to be posted in cash, by credit or debit card, or by written
951     undertaking.
952          (1) Bail may be posted:
953          (a) in cash;
954          (b) by written undertaking with or without [sureties] a bail bond at the discretion of the
955     magistrate; or
956          (c) by credit or debit card, at the discretion of the judge or bail commissioner.
957          (2) Bail may not be accepted without receiving in writing at the time the bail is posted

958     the current mailing address [and], telephone number, and email address of the [surety]
959     individual posting bail.
960          (3) Bail posted by debit or credit card, less the fee charged by the financial institution,
961     shall be tendered to the courts.
962          (4) Bail refunded by the court may be refunded by credit to the debit or credit card, or
963     cash. The amount refunded shall be the full amount received by the court under Subsection
964     (3), which may be less than the full amount of the bail set by the court.
965          (5) Before refunding bail that is posted by the defendant in cash, by credit card, or by
966     debit card, the court may apply the amount posted toward accounts receivable, as defined in
967     Section 76-3-201.1, that are owed by the defendant in the priority set forth in Section
968     77-38a-404.
969          Section 34. Section 77-20-7 is amended to read:
970          77-20-7. Duration of liability on undertaking -- Notices to sureties -- Exoneration
971     if charges not filed.
972          (1) (a) Except as provided in Subsection (1)(b), the principal and the sureties on the
973     written undertaking are liable on the undertaking during all proceedings and for all court
974     appearances required of the defendant up to and including the surrender of the defendant for
975     sentencing, irrespective of any contrary provision in the undertaking. Any failure of the
976     defendant to appear when required is a breach of the conditions of the undertaking or bail and
977     subjects it to forfeiture, regardless of whether or not notice of appearance was given to the
978     sureties. Upon sentencing the bail bond shall be exonerated without motion.
979          (b) If the sentence includes a commitment to a jail or prison, the bail bond shall be
980     exonerated when the defendant appears at the appropriate jail or prison, unless the judge
981     [doesn't] does not require the defendant to begin the commitment within seven days, in which
982     case the bail bond is exonerated upon sentencing.
983          (c) For purposes of this section, an order of the court accepting a plea in abeyance
984     agreement and holding that plea in abeyance pursuant to Title 77, Chapter 2a, Pleas in
985     Abeyance, is considered to be the same as a sentencing upon a guilty plea.
986          (d) Any suspended or deferred sentencing is not the responsibility of the surety and the
987     bond is exonerated without any motion, upon acceptance of the court and the defendant of a
988     plea in abeyance, probation, fine payments, post sentencing reviews, or any other deferred

989     sentencing reviews or any other deferred sentencing agreement.
990          (e) If a surety issues a bail bond after the sentencing, the surety is liable on the
991     undertaking during all proceedings and for all court appearances required of the defendant up
992     to and including the defendant's appearance to commence serving the sentence imposed under
993     Subsection (1).
994          (2) If no information or indictment charging a person with an offense is filed in court
995     within 120 days after the date of the bail undertaking or cash receipt, the court may relieve a
996     person from conditions of release at the person's request, and the bail bond or undertaking is
997     exonerated without further order of the court unless the prosecutor requests an extension of
998     time before the end of the 120-day period by:
999          (a) filing a notice for extension with the court; and
1000          (b) serving the notice for extension upon the sureties and the person or his attorney.
1001          (3) A court may extend bail and conditions of release for good cause.
1002          (4) Subsection (2) does not prohibit the filing of charges against a person at any time.
1003          (5) If the court does not set on a calendar any hearings on a case within 18 months of
1004     the last court docket activity on a case, the undertaking of bail is exonerated without motion.
1005          Section 35. Section 77-20-8.5 is amended to read:
1006          77-20-8.5. Sureties -- Surrender of defendant -- Arrest of defendant.
1007          (1) (a) Sureties may at any time prior to a defendant's failure to appear surrender the
1008     defendant and obtain exoneration of bail, by notifying the clerk of the court in which the bail
1009     was posted of the defendant's surrender and requesting exoneration. Notification shall be made
1010     immediately following the surrender by surface mail, electronic mail, or fax.
1011          (b) To effect surrender, a certified copy of the surety's undertaking from the court in
1012     which it was posted or a copy of the bail agreement with the defendant shall be delivered to the
1013     on-duty jailer, who shall detain the defendant in the on-duty jailer's custody as upon a
1014     commitment, and shall in writing acknowledge the surrender upon the copy of the undertaking
1015     or bail agreement. The certified copy of the undertaking or copy of the bail agreement upon
1016     which the acknowledgment of surrender is endorsed shall be filed with the court. The court
1017     may then, upon proper application, order the undertaking exonerated and may order a refund of
1018     any paid premium, or part of a premium, as it finds just.
1019          (2) For the purpose of surrendering the defendant, the sureties may:

1020          (a) arrest the defendant:
1021          (i) at any time before the defendant is finally exonerated; and
1022          (ii) at any place within the state; and
1023          (b) surrender the defendant to any county jail booking facility in Utah.
1024          (3) An arrest under this section is not a basis for exoneration of the bail bond under
1025     Section 77-20b-101.
1026          (4) A surety acting under this section is subject to Title 53, Chapter 11, Bail Bond
1027     Recovery Act.
1028          Section 36. Section 77-20-9 is amended to read:
1029          77-20-9. Disposition of forfeitures.
1030          If by reason of the neglect of the defendant to appear, money deposited instead of bail
1031     or money paid by sureties on [surety] bail bond is forfeited and the forfeiture is not discharged
1032     or remitted, the clerk with whom it is deposited or paid shall, immediately after final
1033     adjournment of the court, pay over the money forfeited as follows:
1034          (1) the forfeited bail cases in or appealed from district courts shall be distributed as
1035     provided in Section 78A-5-110;
1036          (2) the forfeited bail in cases in precinct justice courts or in municipal justice courts
1037     shall be distributed as provided in Sections 78A-7-120 and 78A-7-121;
1038          (3) the forfeited bail in cases in justice courts where the offense is not triable in that
1039     court shall be paid into the General Fund; and
1040          (4) the forfeited bail in cases not provided for in this section shall be paid 50% to the
1041     state treasurer and the remaining 50% to the county treasurer in the county in which the
1042     violation occurred or the forfeited bail is collected.
1043          Section 37. Section 77-20-10 is amended to read:
1044          77-20-10. Grounds for detaining defendant while appealing the defendant's
1045     conviction -- Conditions for release while on appeal.
1046          (1) The court shall order that a defendant who has been found guilty of an offense in a
1047     court of record and sentenced to a term of imprisonment in jail or prison, and who has filed an
1048     appeal or a petition for a writ of certiorari, be detained, unless the court finds:
1049          (a) the appeal raises a substantial question of law or fact likely to result in:
1050          (i) reversal;

1051          (ii) an order for a new trial; or
1052          (iii) a sentence that does not include a term of imprisonment in jail or prison;
1053          (b) the appeal is not for the purpose of delay; and
1054          (c) by clear and convincing evidence presented by the defendant that the defendant is
1055     not likely to flee the jurisdiction of the court, and will not pose a danger to the physical,
1056     psychological, or financial and economic safety or well-being of any other person or the
1057     community if released.
1058          (2) If the court makes a finding under Subsection (1) that justifies not detaining the
1059     defendant, the court shall order the release of the defendant, subject to conditions that result in
1060     the least restrictive condition or combination of conditions that the court determines will
1061     reasonably assure the appearance of the person as required and the safety of any other person
1062     and the community. The conditions may include that the defendant:
1063          (a) post appropriate bail;
1064          (b) execute a bail bond with a [bail bond] surety under Title 31A, Chapter 35, Bail
1065     Bond Act, in an amount necessary to assure the appearance of the defendant as required;
1066          (c) (i) execute a written agreement to forfeit, upon failing to appear as required,
1067     designated property, including money, as is reasonably necessary to assure the appearance of
1068     the defendant; and
1069          (ii) post with the court indicia of ownership of the property or a percentage of the
1070     money as the court may specify;
1071          (d) not commit a federal, state, or local crime during the period of release;
1072          (e) remain in the custody of a designated person who agrees to assume supervision of
1073     the defendant and who agrees to report any violation of a release condition to the court, if the
1074     designated person is reasonably able to assure the court that the defendant will appear as
1075     required and will not pose a danger to the safety of any other person or the community;
1076          (f) maintain employment, or if unemployed, actively seek employment;
1077          (g) maintain or commence an educational program;
1078          (h) abide by specified restrictions on personal associations, place of abode, or travel;
1079          (i) avoid all contact with the victims of the offense and with any witnesses who
1080     testified against the defendant or potential witnesses who may testify concerning the offense if
1081     the appeal results in a reversal or an order for a new trial;

1082          (j) report on a regular basis to a designated law enforcement agency, pretrial services
1083     agency, or other designated agency;
1084          (k) comply with a specified curfew;
1085          (l) not possess a firearm, destructive device, or other dangerous weapon;
1086          (m) not use alcohol, or any narcotic drug or other controlled substances except as
1087     prescribed by a licensed medical practitioner;
1088          (n) undergo available medical, psychological, or psychiatric treatment, including
1089     treatment for drug or alcohol dependency, and remain under the supervision of or in a specified
1090     institution if required for that purpose;
1091          (o) return to custody for specified hours following release for employment, schooling,
1092     or other limited purposes;
1093          (p) satisfy any other condition that is reasonably necessary to assure the appearance of
1094     the defendant as required and to assure the safety of any other person and the community; and
1095          (q) if convicted of committing a sexual offense or an assault or other offense involving
1096     violence against a child 17 years of age or younger, is limited or denied access to any location
1097     or occupation where children are, including but not limited to:
1098          (i) any residence where children are on the premises;
1099          (ii) activities, including organized activities, in which children are involved; and
1100          (iii) locations where children congregate, or where a reasonable person should know
1101     that children congregate.
1102          (3) The court may, in its discretion, amend an order granting release to impose
1103     additional or different conditions of release.
1104          (4) If defendant has been found guilty of an offense in a court not of record and files a
1105     timely notice of appeal pursuant to Subsection 78A-7-118(1) for a trial de novo, the court shall
1106     stay all terms of a sentence, unless at the time of sentencing the judge finds by a preponderance
1107     of the evidence that the defendant poses a danger to another person or the community.
1108          (5) If a stay is ordered, the court may order post-conviction restrictions on the
1109     defendant's conduct as appropriate, including:
1110          (a) continuation of any pre-trial restrictions or orders;
1111          (b) sentencing protective orders under Section 77-36-5.1;
1112          (c) drug and alcohol use;

1113          (d) use of an ignition interlock; and
1114          (e) posting appropriate bail.
1115          (6) The provisions of Subsections (4) and (5) do not apply to convictions for an offense
1116     under Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving.
1117          (7) Any stay authorized by Subsection (4) is lifted upon the dismissal of the appeal by
1118     the district court.
1119          Section 38. Section 77-20b-100 is enacted to read:
1120          77-20b-100. Definitions.
1121          As used in this chapter:
1122          (1) "Bail bond agency" means the same as that term is defined in Section 31A-35-102.
1123          (2) "Surety" and "sureties" mean a surety insurer or a bail bond agency.
1124          (3) "Surety insurer" means the same as that term is defined in Section 31A-35-102.
1125          Section 39. Section 77-20b-101 is amended to read:
1126          77-20b-101. Entry of nonappearance -- Notice to surety -- Release of surety on
1127     failure of timely notice.
1128          (1) If a defendant who has posted bail fails to appear before the appropriate court as
1129     required, the court shall within 30 days of the failure to appear issue a bench warrant that
1130     includes the original case number. The court shall also direct that the surety be given notice of
1131     the nonappearance. The clerk of the court shall:
1132          (a) mail notice of nonappearance by certified mail, return receipt requested, within 30
1133     days to the address of the surety;
1134          (b) notify the surety as listed on the bail bond of the name, address, and telephone
1135     number of the prosecutor;
1136          (c) deliver a copy of the notice sent under Subsection (1)(a) to the prosecutor's office at
1137     the same time notice is sent under Subsection (1)(a); [and]
1138          (d) ensure that the name, address, and telephone number of the surety or its agent as
1139     listed on the bail bond is stated on the bench warrant[.]; and
1140          (e) mail notice of the failure to appear to the bail [agent if the surety is different than
1141     the producer's agent] bond agency and the surety insurer.
1142          (2) The prosecutor may mail notice of nonappearance by certified mail, return receipt
1143     requested, to the address of the surety as listed on the bail bond within 37 days after the date of

1144     the defendant's failure to appear.
1145          (3) If notice of nonappearance is not mailed to a surety as listed on the bail bond, other
1146     than the defendant, in accordance with Subsection (1) or (2), the surety and its [agent] bail
1147     bond producer are relieved of further obligation under the bail bond if the surety's current name
1148     and address or the current name and address of the surety's agent are on the bail bond in the
1149     court's file.
1150          (4) (a) (i) If a defendant appears in court within seven days after a missed, scheduled
1151     court appearance, the court may reinstate the bail bond without further notice to the [bond
1152     company] surety.
1153          (ii) If the defendant, while in custody, appears on the case for which the bail bond was
1154     posted, the court may not reinstate the bail bond without the consent of the bond company.
1155          (b) If a defendant fails to appear within seven days after a scheduled court appearance,
1156     the court may not reinstate the bail bond without the consent of the surety.
1157          (c) If the defendant is arrested and booked into a county jail booking facility pursuant
1158     to a warrant for failure to appear on the original charges and the court is notified of the arrest,
1159     or the court recalls the warrant due to the defendant's having paid the fine and prior to entry of
1160     judgment of forfeiture, the court shall exonerate the bail bond.
1161          (d) Unless the court makes a finding of good cause why the bond should not be
1162     exonerated, it shall exonerate the bail bond if:
1163          (i) the surety has delivered the defendant to the county jail booking facility in the
1164     county where the original charge [is] or charges are pending;
1165          (ii) the defendant has been released on a bond secured from a subsequent surety for the
1166     original charge and the failure to appear;
1167          (iii) after an arrest, the defendant has escaped from jail or has been released on the
1168     defendant's own recognizance, pursuant to a pretrial release, under a court order regulating jail
1169     capacity, or by a sheriff's release under Section 17-22-5.5;
1170          (iv) the surety has transported or agreed to pay for the transportation of the defendant
1171     from a location outside of the county back to the county where the original charge is pending,
1172     and the payment is in an amount equal to government transportation expenses listed in Section
1173     76-3-201; or
1174          (v) the surety demonstrates by a preponderance of the evidence that:

1175          (A) at the time the surety issued the bail bond, it had made reasonable efforts to
1176     determine that the defendant was legally present in the United States;
1177          (B) a reasonable person would have concluded, based on the surety's determination,
1178     that the defendant was legally present in the United States; and
1179          (C) the surety has failed to bring the defendant before the court because the defendant
1180     is in federal custody or has been deported.
1181          (e) Under circumstances not otherwise provided for in this section, the court may
1182     exonerate the bail bond if it finds that the prosecutor has been given reasonable notice of a
1183     surety's motion and there is good cause for the bail bond to be exonerated.
1184          (f) If a surety's bail bond has been exonerated under this section and the surety remains
1185     liable for the cost of transportation of the defendant, the surety may take custody of the
1186     defendant for the purpose of transporting the defendant to the jurisdiction where the charge is
1187     pending.
1188          Section 40. Section 77-20b-102 is amended to read:
1189          77-20b-102. Time for bringing defendant to court.
1190          (1) If notice of nonappearance has been mailed to a surety under Section 77-20b-101,
1191     the surety may bring the defendant before the court or surrender the defendant into the custody
1192     of a county sheriff within the state within six months of the date of nonappearance, during
1193     which time a forfeiture action on the bail bond may not be brought.
1194          (2) A surety may request an extension of the six-month time period in Subsection (1),
1195     if the surety within that time:
1196          (a) files a motion for extension with the court; and
1197          (b) mails the motion for extension and a notice of hearing on the motion to the
1198     prosecutor.
1199          (3) The court may extend the six-month time in Subsection (1) for not more than 60
1200     days, if the surety has complied with Subsection (2) and the court finds good cause.
1201          Section 41. Section 77-20b-103 is amended to read:
1202          77-20b-103. Defendant in custody -- Notice to prosecutor.
1203          (1) If a surety is unable to bring a defendant to the court because the defendant is and
1204     will be in the custody of authorities of another jurisdiction, the surety shall notify the court and
1205     the prosecutor and provide the name, address, and telephone number of the custodial authority.

1206          (2) If the defendant is subject to extradition or other means by which the state can
1207     return the defendant to the court's custody, and the surety gives notice under Subsection (1), the
1208     surety's bail bond shall be exonerated:
1209          (a) if the prosecutor elects in writing not to extradite the defendant immediately; and
1210          (b) if the prosecutor elects in writing to extradite the defendant, to the extent the bail
1211     bond exceeds the reasonable, actual, or estimated costs to extradite and return the defendant to
1212     the court's custody, upon the occurrence of the earlier of:
1213          (i) the prosecuting attorney's lodging a detainer on the defendant; or
1214          (ii) 60 days after the surety gives notice to the prosecutor under Subsection (1), if the
1215     defendant remains in custody of the same authority during that 60-day period.
1216          Section 42. Section 77-20b-104 is amended to read:
1217          77-20b-104. Forfeiture of bail.
1218          (1) If a surety fails to bring the defendant before the court within the time provided in
1219     Section 77-20b-102, the prosecuting attorney may request the forfeiture of the bail by:
1220          (a) filing a motion for bail forfeiture with the court, supported by proof of notice to the
1221     surety of the defendant's nonappearance; and
1222          (b) mailing a copy of the motion to the surety.
1223          (2) A court shall enter judgment of bail forfeiture without further notice if it finds by a
1224     preponderance of the evidence:
1225          (a) the defendant failed to appear as required;
1226          (b) the surety was given notice of the defendant's nonappearance in accordance with
1227     Section 77-20b-101;
1228          (c) the surety failed to bring the defendant to the court within the six-month period
1229     under Section 77-20b-102; and
1230          (d) the prosecutor has complied with the notice requirements under Subsection (1).
1231          (3) If the surety shows by a preponderance of the evidence that it has failed to bring the
1232     defendant before the court because the defendant is deceased through no act of the surety, the
1233     court may not enter judgment of bail forfeiture and the bail bond is exonerated.
1234          (4) The amount of bail forfeited is the face amount of the bail bond, but if the
1235     defendant is in the custody of another jurisdiction and the state extradites or intends to extradite
1236     the defendant, the court may reduce the amount forfeited to the actual or estimated costs of

1237     returning the defendant to the court's jurisdiction. A judgment under Subsection (5) shall:
1238          (a) identify the surety against whom judgment is granted;
1239          (b) specify the amount of bail forfeited;
1240          (c) grant the forfeiture of the bail; and
1241          (d) be docketed by the clerk of the court in the civil judgment docket.
1242          (5) A prosecutor may immediately commence collection proceedings to execute a
1243     judgment of bail bond forfeiture against the assets of the surety.
1244          Section 43. Section 77-20b-105 is amended to read:
1245          77-20b-105. Revocation of bail bond.
1246          The surety is entitled to obtain the exoneration of its bail bond prior to judgment by
1247     providing written proof to the court and the prosecutor that:
1248          (1) the defendant has been booked for failure to appear regarding the charge for which
1249     the bail bond was issued; or
1250          (2) the defendant is in custody and the surety has served the defendant's bail bond
1251     revocation on the custodial authority.
1252          Section 44. Repealer.
1253          This bill repeals:
1254          Section 77-20-5, Qualifications of sureties -- Justification -- Requirements of
1255     undertaking.






Legislative Review Note
Office of Legislative Research and General Counsel