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HOUSE BILL NO. 728

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Daily Data Tracking History

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H0728................................by JUDICIARY, RULES AND ADMINISTRATION
BAIL - Amends existing law to specify that the liability of the surety
shall be the amount fixed by the judge in the order of arrest, to provide
for a ninety day surrender period, to designate those persons who may
arrest the defendant, to provide for written notice to the surety upon the
defendant's failure to appear and forfeiture ordered by the court and to
provide a ninety day period for the surety to pay the undertaking.

02/16    House intro - 1st rdg - to printing
02/17    Rpt prt - to Jud
02/26    Rpt out - rec d/p - to 2nd rdg
02/27    2nd rdg - to 3rd rdg
03/03    3rd rdg - PASSED - 66-0-4
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
      Black(15), Black(23), Boe, Bruneel, Callister, Campbell, Chase,
      Clark, Crane, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13),
      Field(20), Gagner, Geddes, Gould, Hadley, Hansen, Henbest, Hornbeck,
      Jaquet, Jones(9), Jones(22), Jones(20), Judd, Kellogg, Kempton,
      Kendell, Kjellander, Kunz, Lake, Linford, Loertscher, Mader, Marley,
      McKague, Meyer, Miller, Mortensen, Newcomb, Pomeroy, Reynolds,
      Richman, Ridinger, Sali, Schaefer, Stevenson, Stoicheff, Stone,
      Stubbs, Taylor, Tilman, Tippets, Trail, Wheeler, Wood, Zimmermann
      NAYS -- None
      Absent and excused -- Pischner, Robison, Watson, Mr Speaker
    Floor Sponsor - Kjellander
    Title apvd - to Senate
03/04    Senate intro - 1st rdg - to Jud

Bill Text

H0728


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 728

                     BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE

 1                                        AN ACT
 2    RELATING TO BAIL FOR ARREST IN CIVIL ACTIONS; AMENDING  SECTION  8-110,  IDAHO
 3        CODE,  TO  SPECIFY  THAT  THE  LIABILITY OF THE SURETY SHALL BE THE AMOUNT
 4        FIXED BY THE JUDGE IN THE ORDER OF ARREST; AMENDING SECTION  8-111,  IDAHO
 5        CODE,  TO  PROVIDE  FOR  A  NINETY-DAY  SURRENDER PERIOD; AMENDING SECTION
 6        8-112, IDAHO CODE, TO DESIGNATE THOSE PERSONS WHO MAY ARREST  THE  DEFEND-
 7        ANT,  TO  PROVIDE  A  NINETY-DAY SURRENDER PERIOD, TO PROVIDE A NINETY-DAY
 8        PERIOD FOR THE SURETY TO PAY THE UNDERTAKING AND TO SPECIFY THE  LIABILITY
 9        OF  THE  SURETY;  AND  AMENDING  SECTION 8-113, IDAHO CODE, TO PROVIDE FOR
10        WRITTEN NOTICE TO THE SURETY UPON THE DEFENDANT'S FAILURE  TO  APPEAR  AND
11        FORFEITURE  ORDERED  BY  THE COURT, TO SPECIFY THE LIABILITY OF THE SURETY
12        AND TO PROVIDE A NINETY-DAY PERIOD FOR THE SURETY TO PAY THE UNDERTAKING.

13    Be It Enacted by the Legislature of the State of Idaho:

14        SECTION 1.  That Section 8-110, Idaho Code, be, and  the  same  is  hereby
15    amended to read as follows:

16        8-110.  BAIL  -- HOW GIVEN. The defendant may give bail by causing a writ-
17    ten undertaking to be executed by two (2) or more sufficient sureties, to  the
18    effect that they are bound in the amount mentioned in the order of arrest that
19    the  defendant will at all times render himself amenable to the process of the
20    court, during the pendency of the action, and to such  as  may  be  issued  to
21    enforce  the  judgment  therein,  or  that  they will pay to the plaintiff the
22    amount  of   fixed by the judge in the order of arrest  to  be
23    applied to  any judgment which may be recovered in the action.

24        SECTION  2.  That  Section  8-111,  Idaho Code, be, and the same is hereby
25    amended to read as follows:

26        8-111.  SURRENDER OF DEFENDANT BY BAIL. At any  time  before  judgment  or
27    within    ten    ninety  ( 1  9 0)
28    days thereafter, the bail may surrender the defendant in their exoneration, or
29    he may surrender himself to the sheriff of the 



county where he was arrested.

30        SECTION 3.  That Section 8-112, Idaho Code, be, and  the  same  is  hereby
31    amended to read as follows:

32        8-112.  SURRENDER  --  HOW  MADE -- EXONERATION OR CHARGE OF BAIL. For the
33    purpose of surrendering the defendant, the bail, at any time or  place  before
34    they  are  finally  charged, may themselves arrest, or, by a written authority
35    indorsed on a certified copy of the undertaking, may empower  the 



sheriff
36      any peace officer,  licensed  bail  agent,  or  licensed  private
37    investigator   to do so. Upon the arrest of defendant by the 



sheriff, or
38    upon his delivery to the 



sheriff by the bail, or upon his own  surrender,  the
39    bail  are  exonerated, if such arrest, delivery or surrender take place before


                                          2

 1    the expiration of  ten   ninety  ( 1   9
 2    0) days after judgment; but if such arrest, delivery or surrender be not
 3    made  within    ten      ninety   ( 1  9
 4    0) days  after judgment, the bail are finally charged on their undertak-
 5    ing, and bound to pay the amount  of the judgment    fixed  by
 6    the  judge  in the order of arrest  within  ten   ninety
 7     ( 1  9 0) days thereafter.

 8        SECTION 4.  That Section 8-113, Idaho Code, be, and  the  same  is  hereby
 9    amended to read as follows:

10        8-113.  PROCEEDINGS  AGAINST BAIL.  The clerk of the court shall mail
11    written notice within five (5) days of any failure to  appear  and  forfeiture
12    ordered  by  the  court  to  the  last known address of the person posting the
13    undertaking of bail.  A failure to give timely notice shall exonerate the bail
14    or undertaking.  If the bail neglect or refuse to pay the  judgment
15      amount fixed by the judge in the order of  arrest    within
16      ten      ninety  ( 1  9 0)  days
17    after they are finally charged, an action may be commenced against  such  bail
18    for  the amount  of the original judgment   fixed by the judge
19    in the order of arrest .

Statement of Purpose / Fiscal Impact

    





                          STATEMENT OF PURPOSE
    
                                 RS08052
    
    This legislation requires a judge to fix specific amounts of 
    liability for both plaintiff's and defendant's sureties 
    under rarely used provisions of civil law by which the 
    defendant can be arrested to assume his or her availability 
    for future court proceedings and the payment of damages in 
    an amount fixed by the Court.
    
    FISCAL NOTE
    
    None.
    
    CONTACT: David H. Leroy
              Professional Bail Agents of Idaho
              (208) 342-0000
    
    STATEMENT OF PURPOSE/ FISCAL NOTE
    
    
    H 728