Bail Bond Expiration Act
Summary
This act would establish that a bail bond expires thirty-six months after it is posted if the bond has not been declared forfeited in the interim.
Model Policy
Section 1. {Title} This Act may be cited as the Bail Bond Expiration Act.
Section 2. {Definition} “An undertaking” means the issuance of a surety bail bond to insure appearance.
Section 3. {Expiration}
(A). An undertaking is valid if it states:
(1) the court where the defendant is to appear;
(2) the amount of bail; and
(3) that it was made before an official authorized to take the bond.
(B). A surety remains liable on an undertaking despite:
(1) any other agreement that is expressed in the undertaking;
(2) any failure of the defendant to join in the undertaking; or
(3) any other defect of form of record; or
(4) any other irregularity, except as to items covered by (a).
(C). An undertaking expires thirty-six (36) months after it is posted for the release of a defendant from custody unless, within the thirty-six (36) month period:
(1) the bond is declared to be forfeited; and
(2) the court notifies the surety and the bail agent of the forfeiture by certified mail, return receipt requested.
Section 4. {Severability}
Section 5. {Effective Date}
Approved by ALEC Board of Directors on September, 2005.
Re-approved January 9, 2014.
Keyword Tags: 2013 SNPS, Justice Performance Project Task Force, Pretrial Release