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7 LONG TITLE
8 General Description:
9 This bill allows a prosecuting agency to receive a portion of forfeited bail.
10 Highlighted Provisions:
11 This bill:
12 ▸ allows a prosecuting agency to receive up to 20% of the forfeited bail when bail is
13 forfeited for nonappearance of the defendant; and
14 ▸ decreases the time period for producing a defendant who has posted bail but not
15 appeared in court.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 77-20b-102, as last amended by Laws of Utah 2016, Chapter 234
23 77-20b-104, as last amended by Laws of Utah 2016, Chapter 234
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25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 77-20b-102 is amended to read:
27 77-20b-102. Time for bringing defendant to court.
28 (1) If notice of nonappearance has been mailed to a surety under Section 77-20b-101,
29 the surety may bring the defendant before the court or surrender the defendant into the custody
30 of a county sheriff within the state within [
31 during which time a forfeiture action on the bail bond may not be brought.
32 (2) A surety may request an extension of the [
33 Subsection (1), if the surety within that time:
34 (a) files a motion for extension with the court; and
35 (b) mails the motion for extension and a notice of hearing on the motion to the
36 prosecutor.
37 (3) The court may extend the six-month time in Subsection (1) for not more than 60
38 days, if the surety has complied with Subsection (2) and the court finds good cause.
39 Section 2. Section 77-20b-104 is amended to read:
40 77-20b-104. Forfeiture of bail.
41 (1) If a surety fails to bring the defendant before the court within the time provided in
42 Section 77-20b-102, the prosecuting attorney may request the forfeiture of the bail by:
43 (a) filing a motion for bail forfeiture with the court, supported by proof of notice to the
44 surety of the defendant's nonappearance; and
45 (b) mailing a copy of the motion to the surety.
46 (2) A court shall enter judgment of bail forfeiture without further notice if it finds by a
47 preponderance of the evidence:
48 (a) the defendant failed to appear as required;
49 (b) the surety was given notice of the defendant's nonappearance in accordance with
50 Section 77-20b-101;
51 (c) the surety failed to bring the defendant to the court within the [
52 period under Section 77-20b-102; and
53 (d) the prosecutor has complied with the notice requirements under Subsection (1).
54 (3) If the surety shows by a preponderance of the evidence that it has failed to bring the
55 defendant before the court because the defendant is deceased through no act of the surety, the
56 court may not enter judgment of bail forfeiture and the bail bond is exonerated.
57 (4) The amount of bail forfeited is the face amount of the bail bond, but if the
58 defendant is in the custody of another jurisdiction and the state extradites or intends to extradite
59 the defendant, the court may reduce the amount forfeited to the actual or estimated costs of
60 returning the defendant to the court's jurisdiction. A judgment under Subsection (5) shall:
61 (a) identify the surety against whom judgment is granted;
62 (b) specify the amount of bail forfeited;
63 (c) specify an amount, not to exceed 20% of the total bail forfeited, to be paid to the
64 prosecuting agency;
65 [
66 [
67 (5) A prosecutor may immediately commence collection proceedings to execute a
68 judgment of bail bond forfeiture against the assets of the surety.
Legislative Review Note
Office of Legislative Research and General Counsel