Senate
House
Joint
Bill Status
WV Code
Audits/ Reports
Educational
Contact
home
home

Committee Substitute House Bill 2002 History

OTHER VERSIONS  -  Introduced Version  |  DOWNLOAD  wpd  |  Email


HB2002 SUB
COMMITTEE SUBSTITUTE

FOR

H. B. 2002

(By Delegate Beane)


(Originating in the Committee on the Judiciary)


[March 7, 2005]


A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §51-11-1, relating to a bail bond forfeiture code, generally; issuing an arrest warrant for nonappearing defendant; time period allowed surety to produce the defendant; additional period for cause; when bail bond exonerated; penalties to fleeing defendant; and refunds following forfeiture.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §51-11-1, to read as follows:
ARTICLE 11. BAIL BOND FORFEITURE CODE.
§51-11-1. Required actions of the court upon nonappearance.
In addition to the provisions of article one-c, chapter six-two of this code:
(a) If a defendant admitted to bail knowingly and intentionally fails to appear as ordered, the court shall:
(1) Issue an arrest warrant for the defendant;
(2) Allow ninety days to allow the surety to produce the defendant, and upon a showing to the court that the surety is making a diligent and thorough search for the defendant and that additional time granted is likely to result in the apprehension of the defendant, the court may allow surety an additional like period, prior to execution upon any default judgment order on the bond forfeiture;
(3) Set aside the declared forfeiture or set aside any related default judgment order and remit the bail bond if the defendant is found to have been incarcerated in any local, state or federal correctional institution at the time of the defendant's failure to appear; and
(4) Set aside any related default judgment order and refund to the surety the money paid to the court on forfeiture if the surety locates and returns the defendant to the original jurisdiction within a period of three years following the date of the defendant's failure to appear, as long as the delay has not thwarted the proper prosecution of the defendant, subject to the following offsets or reductions:
(A) If, within one year after the defendant's failure to appear, the defendant is returned to the custody of the court, and the delay has not thwarted the proper prosecution of the defendant, the court may remit up to one hundred percent of the amount paid by the surety or other persons responsible on the bond, less necessary and actual costs and expenses;
(B) If, within two years after the defendant's failure to appear, the defendant is returned to the custody of the court, and the delay has not thwarted the proper prosecution of the defendant, the court may remit up to ninety percent of the amount paid by the surety or other persons responsible on the bond, less necessary and actual costs and expenses; and
(C) If, within three years after the defendant's failure to appear, the defendant is returned to the custody of the court, and the delay has not thwarted the proper prosecution of the defendant, the court may remit up to eighty percent of the amount paid by the surety or other persons responsible on the bond, less necessary and actual costs and expenses.
(D) Any moneys collected upon forfeiture of an appearance bond shall be held by the clerk of the court in an interest bearing account, and shall not be forwarded to the State Auditor's office until more than three years have elapsed from the defendant's failure to appear, to allow for a potential refund of all or part of the amount paid by the surety, in accordance with the provisions of this section. The accumulation of interest on any amounts held in account during the potential refund period shall inure to the benefit of the state, and no portion of the accumulated interest shall be remitted to the surety or other persons seeking refund of all or part of a forfeited bond.
(E) In the event that a court finds and determines that the delay in presenting a defendant has thwarted the proper prosecution of the defendant, thereby defeating a surety or other person's request for refund under this section, the court shall set forth the factual findings and determinations which the court relied upon in concluding that the proper prosecution of the defendant has been thwarted by the delay, as a part of its written order denying the refund request.
(b) If a defendant is found to have, in any court of record, knowingly and intentionally breached a bail bond the court shall not:
(1) Release the defendant on his or her personal recognizance; or
(2) Set bail for the defendant in an amount less than twice the amount of the bond previously breached.


This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2014 West Virginia Legislature **