Law

Florida HB 7067 / SB 1016 / SB 7018 Re-creates Indigent Civil Defense Trust Fund within Justice Administrative Commission without modification. Repeals provisions that would have terminated the trust fund in 2012. (see also HB 7065 / SB 1014 / SB 7016)

Florida HB 443 / HB 7199 / SB 170 Requires that each public defender implement a system to electronically file court documents with the clerk of the court. Requires Florida Public Defender Association report to the President of the Senate and the Speaker of the House of Representatives by a specified date on the progress made in implementing the electronic filing system.

Georgia HB 238 Reconstitutes and vacates all currently serving members of the Georgia Public Defender Standards Council. Provides for appointing new members. Alters powers and duties of the council and council director, council’s responsibility to set policy and standards, and the director’s responsibility to develop rules and regulations to efficiently administer the provisions of the law related to public defenders. Provides director to appoint circuit public defenders and requires two-thirds vote of council to remove the chairperson of the council or to overturn the director’s decision regarding the removal of a circuit public defender. Requires certain annual reports be prepared by the director, rather than the council, and a copy sent to the Supreme Court.  Changes provisions relating to the circuit public defender supervisory panel. Changes provisions relating to appointing attorneys in conflict of interest cases.

Maryland SB 515 Specifies that an individual whose assets and net annual income are less than 100% of the federal poverty guidelines may be determined eligible for services from the Office of the Public Defender (OPD) without an assessment. Clarifies that the District Court, a Circuit Court, and the Court of Special Appeals are prohibited from appointing an attorney through OPD to represent an indigent individual if (1) there is a conflict in legal representation in a matter involving multiple defendants and one of the defendants is being represented by or through OPD; or (2) OPD declines to provide representation to an indigent individual entitled to representation.

North Carolina HB 243 Provides fee charged by clerk for certificates under seal is waived for appointed attorneys representing indigent clients.

Virginia SB 902 Permits retired justices or judges to appear as counsel in cases in courts of the Commonwealth if (i) the retired justice or judge has been retired for at least two years and is not authorized for temporary recall by the Chief Justice of the Supreme Court, (ii) the retired justice or judge is appearing as counsel, pro bono, for an indigent person in a civil matter, (iii) such civil matter is assigned or referred to the retired justice or judge by a nonprofit legal aid program organized under the auspices of the Virginia State Bar, and (iv) the retired justice or judge is not an employee, officer, or board member of such nonprofit legal aid program.

Active/Carried over into 2012

Georgia HB 648 Implements HR 977 (Constitutional Amendment). Creates trust fund for indigent defense dollars collected by clerks. Provides and specifies certain fees and assessments are dedicated to funding legal services for indigent persons accused of crimes and delinquent acts. Provides such funds are to be remitted to the Georgia Public Defender Standards Council.

Georgia HB 977 (Constitutional Amendment) Creates trust fund for indigent defense dollars collected by clerks. Provides and specifies certain fees and assessments are dedicated to funding legal services for indigent persons accused of crimes and delinquent acts.

Approved by one chamber

West Virginia HB 3067 / SB 549 Increases certain civil filings fees currently collected by circuit courts, and impose a new docketing fee for unspecified civil appeals including family court appeals but not including Workers’ Comp cases or, presumably, actions in the Supreme Courts original jurisdiction, to be collected by the Court and paid, at its discretion, to either Legal Aid of West Virginia (LAWV) or into the Interest on Lawyer’s Trust Accounts (IOLTA) fund. Approved by full House, died in Senate Finance Committee.

West Virginia SB 568 Clarifies that an attorney from the public defender office shall be appointed by a judge in all cases where an attorney-at-law is required to be appointed for an eligible client. Approved by full Senate, died in House Judiciary Committee.

West Virginia SCR 79 Requests Joint Committee on Government and Finance study need for authorizing executive director of Public Defender Services control over public defender corporations. Approved by full Senate, died in House.

Died in committee

North Carolina SB 596 Expands state’s office of public defender system to every county in state. Realigns public defender districts accordingly.

Virginia HB 1570 / SB 908 Increases from $10 to $14 fee on most civil actions filed in trial courts to pay for free civil legal representation provided for the poor by a nonprofit legal aid program organized under the auspices of the Virginia State Bar. Changes from $9 to $13 the amount that, from such additional fee, is to be credited to the Virginia State Bar’s Legal Aid Services Fund.

West Virginia SB 482 Requires public defender corporations of all the judicial circuits to be centralized under the executive director of Public Defender Services and grants executive director rulemaking authority.

Law

Florida HB 347 / SB 514 Requires defendant who was arrested for leaving scene of crash involving death to be held in custody until brought before judge for admittance to bail in certain circumstances.

Florida HB 575 / SB 844 Authorizes court, in determining whether to require or set amount of bail, to consider likelihood that person will be imprisoned for violation of probation or community control.

Maryland HB 682 / SB 809 Prohibits a court that exercises criminal jurisdiction from refunding a forfeiture of bail or collateral at a specified time unless a private surety pays a forfeiture of bail or collateral within a specified time period after a defendant’s failure to appear. Requires a court to refund a forfeiture of bail bond or collateral that was not paid within a specified time period after a defendant’s failure to appear under specified circumstances.

North Carolina HB 649 Amends laws pertaining to grounds for revocation of licensure regulating bail bondsman and allowing a bail agent on behalf of a surety company to make written motions setting aside bail forfeiture and relief from final judgment of bail forfeiture under laws pertaining the criminal procedure.

Virginia HB 1713 Adds to the list of crimes charged for which there is a presumption against admission to bail, subject to rebuttal, obstruction of justice where a person threatens bodily harm or force to knowingly attempt to intimidate or impede a witness.

Virginia HB 2060 Provides that a magistrate who is to set the terms of bail of a person arrested and brought before him pursuant to a capias shall, unless circumstances exist that require him to impose more restrictive terms of bail, set bail in accordance with the order of the court that issued the capias if such an order is affixed to or made a part of the capias by the court.

Virginia HB 2106  / SB 925 Allows GPS for persons on secured bond.

Virginia HB 2437 Provides that a licensed bail bondsman shall not charge less than 10 percent or more than 15 percent of the amount of the bond for a bail bond premium and shall not loan money with interest for the purpose of helping another obtain a bail bond. Defines bail bond premium as the amount of money paid to a licensed bail bondsman for the execution of a bail bond.

Introduced with committee and/or floor approval

Florida HB 1379 Provides that a defendant is eligible to receive government-funded pretrial release only by order of the court after the court finds in writing, upon consideration of the defendant’s affidavit of indigence: That the defendant is indigent or partially indigent as set forth in the Florida Rules of Criminal Procedure and that the defendant has not previously failed to appear at any required court proceeding. Prohibits defendants from participating in a pretrial release program if the defendant’s income is over 300 percent of the federal poverty guidelines prescribed for the size of the household of the defendant by the U.S. Department of Health and Human Services, unless the defendant is receiving certain financial assistance. Requires that defendants who seek to post a surety bond pursuant to a bond schedule established by administrative order as an alternative to government-funded pretrial release be permitted to do so without any interference or restriction by a pretrial release program. Requires pretrial release programs certify annually, in writing, to the chief circuit court judge, that the program has complied with the reporting requirements in current statutes.

Florida HB 265 Requires court considering whether to release defendant on bail to determine whether defendant is subject to registration as sexual offender or predator and, if so, to hold defendant without bail until first appearance on case.

Florida HB 7089 Requires a court, when determining whether to release a defendant on bail or other conditions, to consider the defendant’s legal residency status in the United States.

North Carolina SB 756 Revises laws related to pretrial release programs. Eliminates unsecured appearance bond as a pretrial release condition. Provides no state funds may be appropriated for the support of a pretrial release program.

South Carolina HB 3895 / SB 795 Provides that an appearance bond is valid for a certain time period in circuit and magistrates or municipal courts under certain circumstances. Provides a procedure to relieve the surety of liability when the time period has run.

Virginia HB 2332  Provides if judicial officer concurs in the determination of police officer that defendant is present in U.S. illegally and finds probable cause to believe that the person will not appear for trial or hearing, the judicial officer may refuse to admit the person to bail.

Introduced with committee rejection

Florida SB 372 Requires each pretrial release program established by ordinance of a county commission, by administrative order of a court, or by any other means in order to assist in the release of a defendant from pretrial custody to conform to the eligibility criteria set forth by the act. Preempts any conflicting local ordinances, orders, or practices. Requires that the defendant satisfy certain eligibility criteria in order to be assigned to a pretrial release program, etc

Florida SB 494 Requires a court considering whether to release a defendant on bail to determine whether the defendant is subject to registration as a sexual offender or predator and, if so, to hold the defendant without bail until the first appearance on the case.

Maryland HB 272 Requires, notwithstanding any other law or Maryland Rule, that a court or a District Court commissioner ask a defendant to provide information on the defendant’s legal status in the United States before the court or a District Court commissioner authorizes the defendant’s pretrial release on bail or personal recognizance. Authorizes the court or a District Court commissioner to consider the information on the defendant’s legal status in deciding whether to authorize the pretrial release of the defendant.

Maryland HB 1264 Prohibits a District Court commissioner from authorizing the pretrial release of a defendant charged with causing abuse or neglect of a vulnerable adult in the first or second degree.

Maryland HB 768 / SB 940 Allows a defendant in a circuit court or the District Court or a private surety acting for the defendant who posts a bail bond in an amount that is 10% of the penalty amount to deposit with the clerk of court half of the amount immediately and the other half within 6 months later.

Introduced with other or no activity

Georgia HB 32 Revises the requirements for releasing a person on his or her own recognizance.

Georgia HB 252 Add violations for which cash bonds can be accepted in lieu of bail and proceedings for failure to appear.

Georgia HB 288 Require as a condition of bail for certain offenses that DNA collection be performed on the person seeking bond.

Maryland HB 898 / SB 686 Provides that if a bail bondsman arranges to accept payment of a bail bond premium in installments, the installment agreement shall include information about the total premium amount owed, down payment made, and other terms of the installment contract. Requires that information about the bail bond premium installment payment agreement be included in an affidavit of surety. Requires bail bondsmen, if arranging bail bond premium installment agreements, to follow specified collection procedures.

North Carolina SB 740 Allows a bail agent on behalf of a surety company to make written motions setting aside bail forfeiture and relief from final judgment of bail forfeiture under laws pertaining the criminal procedure.

South Carolina SB 45 & SB 266 Provides Circuit Court to hear  motions regarding reconsideration of bond for general sessions offenses. Provides defense motions to reconsider may be heard by the circuit court only upon the defendant’s prima facie showing of a material change in circumstances.

South Carolina SB 267 Provides a person committing or attempting to commit a general sessions offense while on bail bond must be imprisoned five years in addition to the punishment for the principal offense.

West Virginia HB 2068 Provides certain specific statutory conditions of bond in cases involving crimes between family or household members in lieu of allowing the issuing authority to set conditions of bail.