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.