Law
Iowa SB 165 / SB 292 Provides that any fine, court costs, surcharge, or other penalty previously paid by the defendant, including an unsecured appearance bond, may be refunded to the defendant or upon subsequent conviction applied to the newly assessed fine, court costs, surcharge, or other penalty.
Illinois HB 1295 Provides that a municipality may impose a bail processing fee up to $20 against any person arrested for violating a bailable municipal ordinance or a State or federal law.
Indiana SB 590 Requires a judicial officer in setting bail to consider that the defendant is a foreign national who has not been lawfully admitted to the United States as relevant to the risk of nonappearance. Establishes certain bond requirements if bail is set for a defendant who is a foreign national unlawfully present in the United States.
Illinois HB 2581 Provides that the payment of the $75 fee assessed by the court against an accused upon his or her admission to bail for failure to appear in certain cases in which a court appearance is required shall be a condition of release unless otherwise ordered by the court. Provides that if the Department of State Police is the arresting agency, $70 of the fee assessed shall be remitted by the clerk of the court to the State Treasurer within one month after receipt for deposit into the State Police Operations Assistance Fund.
Kansas HB 2118 Allows courts, as a condition of bond release, to order offenders who are charged with a felony to submit to drug and alcohol abuse examinations. Gives courts the authority to impose the full amount of unpaid costs associated with the conditions of release of an appearance bond when a person has been found guilty of a crime.
Introduced with committee and/or floor approval
Kansas SB 176 Requires courts, when considering the release of a person on appearance bond, to take into account whether a defendant is lawfully present in the United States.
Missouri SB 387 Allows circuit court to adopt a local rule allowing for the pretrial release on electronic monitoring in lieu of confinement for anyone charged with a crime who can afford to pay the costs of electronic monitoring.
Introduced with committee rejection
n/a
Introduced with other or no activity
Indiana SB 40 Provides that an undertaking for bail expires 36 months after the undertaking is posted for the release of a defendant from custody if: (1) the defendant fails to appear as required; and (2) the court fails to make an adjudication concerning the defendant, including refusing to extradite the defendant; during the 36 month period. Requires sureties and bail agents to establish and maintain electronic mail addresses before June 1, 2011. Provides that if a defendant does not appear as provided in a bond and the court orders the bail agent and the surety to surrender the defendant to the court, the clerk may send notice of the order by electronic mail to the bail agent and surety. Reduces the amount of time that a surety and bail agent have to produce a defendant or provide a valid reason for the defendant’s failure to appear from 365 days to 180 days. Provides that a court must release the bail agent and surety from liability from a bond if a defendant is arrested before the court enters judgment on the forfeiture of the bond and the court has actual knowledge that the defendant was or is in the custody of the United States pending deportation from the United States. Changes the period used to assess late surrender fees against a surety and bail agent. Specifies the late surrender fee is equal to 80% of the face value of the bond. Provides that costs resulting from a defendant’s failure to appear may not be assessed against a bail agent or surety. Provides that the court in which a bond is posted retains late surrender fees instead of the fees being deposited in police pension trust funds and county extradition funds. Specifies that the retained fees must be used by a court to defray the costs of operating the court, extraditing criminal defendants, and operating diversion programs. Repeals the law establishing county extradition funds on July 1, 2013.
Indiana SB 518 Provides that every surety for the release on bail of a person who executes a bail bond by depositing cash or securities in an amount not less than 10% of the bail must be: (1) an insurer represented by a bail agent; or (2) a person who is at least 18 years of age, a United States citizen, a resident of Indiana, related to the person for whom release on bail is sought within the third degree of affinity, and the owner of real or tangible personal property in Indiana with a net asset value that is acceptable to the authority approving the bond. Provides that, for purposes of the Indiana bail law, a cause is determined when: (1) a judgment of conviction or acquittal is entered; (2) judgment is withheld; or (3) the defendant has been ordered or admitted to a diversion program. Requires a court to waive a late surrender fee assessed against a bail agent or surety, or extend the period for payment beyond the statutorily permitted period, or both, if: (1) a written request is filed with the court and the prosecutor; and (2) the surety or bail agent provides evidence satisfactory to the court that diligent efforts were made to locate the defendant. Specifies that 40% of the late surrender fees collected under the Indiana bail law must be deposited in the police pension trust fund, 40% must be deposited in the county extradition fund, and the remaining 20% must be deposited in the county supplemental public defender services fund. Provides that if the combination of requirements a court imposes on a defendant to admit the defendant to bail includes the requirement that the defendant execute a bail bond with sufficient solvent sureties, the amount of the bail bond must be at least 50% of the total amount of the bail. Provides that if a person charged with a felony under IC 35-42 (offenses against the person) is admitted to bail, the person: (1) shall be admitted to bail by executing a bail bond with sufficient solvent sureties, depositing cash or securities in an amount equal to the bail, executing a bond secured by certain real estate, or posting a real estate bond; and (2) may not be admitted to bail under the statute that allows admission to bail by executing a bail bond by depositing cash or securities in an amount not less than 10% of the bail.
Kansas HB 2259 Requires magistrates to articulate certain findings when setting amounts of appearance bonds. Requires magistrates articulate the documentation that demonstrates the qualifications to allow a person to make a cash deposit for 10.0 percent of the bond. Provides if the magistrate does not have a factual basis for each of the qualifications, then the magistrate may not permit the bond deposit. Limits limit the conditions under which courts may determine that a person who has been charged with a crime may be released on the person’s own recognizance.
Minnesota HB 1502 / SB 1341 Provides anyone on e pretrial release to a county probation officer subject to unannounced searches by officer.
Missouri HB 159 Specifies that any person charged with a bailable nonviolent offense who does not post bail prior to his or her appearance before a judge may be placed on house arrest.
