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Introduced Version House Bill 2002 History

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hb2002 intr
H. B.2002


(By Delegate Beane)

[Introduced February 9, 2005 ; referred to the

Committee on the Judiciary.]





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;
(2) Allow one hundred eighty days following breach of the bond 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;
(3) Exonerate the bail bond if the defendant is found to be incarcerated in any local, state or federal correctional institution;
(4) Order a forfeiture of the bail bond if the defendant is not produced within the time allowed; and
(5) 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 five years following the date of the defendant's failure to appear.
(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.
(c) A surety bail bond agent who has been licensed and appointed by the insurance commissioner shall not be required to pay any additional bond related fees imposed by a local, county or other state political subdivision, nor shall that agent be required to obtain any additional licensure or approval, including a court order.



NOTE: The purpose of this bill is to create a uniform system of bail bond forfeiture procedures required for all courts of record in the state.

This article is new; therefore, strike-throughs and underscoring have been omitted.
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