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Introduced Version House Bill 2412 History

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H. B. 2412

(By Delegates Wills, Givens and Schadler)


[Introduced February 21, 2001;

referred to the Committee on the Judiciary.]





A BILL to amend and reenact section seven, article one-c, chapter
sixty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to forfeiture of criminal bail bonds; bases for forfeiture; and limitations on bases for forfeiture.

Be it enacted by the Legislature of West Virginia:
That section seven, article one-c, chapter sixty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, to read as follows:
ARTICLE 1C. BAIL.
§62-1C-7. Forfeiture of bail; bases therefore.

(1) Whenever a person under bail serves as his or her own surety and he or she willfully and without just cause fail to appear as and when required or violate any other term or condition of bail, the circuit court or magistrate shall declare the bail forfeited.
(2) Whenever a person or entity other than the person under bail serves as surety, forfeiture of bail shall be declared only where the person under bail willfully and without just cause fails to appear as and when required unless the surety, by the express terms of the bail instrument has agreed to be responsible to ensure compliance with one or more other conditions of bail and there is a willful violation of such condition.

NOTE: The purpose of this bill is to clarify that, except where there is an express agreement by a surety to ensure conduct other than appearance at court dates, a surety's property is not subject to forfeiture for violation by a defendant other than non- appearance.

This section has been substantially rewritten; therefore, strike-throughs and under scoring have been omitted.

This bill was recommended by the Joint Standing Committee on the Judiciary for introduction and passage at the 2001 legislative session.
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