H. B. 2010

(By Delegate Azinger)
[Introduced January 8, 2003; referred to the
Committee on the Judiciary.]

A BILL to amend and reenact section twelve, article one-c, chapter sixty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to forfeiture of bail bond for failure of a defendant to appear in court; and providing for reimbursement to the bail bondsman for the amount of the forfeited bond if the bail bondsman later returns the bonded person to the custody of court.

Be it enacted by the Legislature of West Virginia:
That section twelve, article one-c, chapter sixty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:

ARTICLE 1C. BAIL.

§62-1C-12. Same -- Exoneration; return of deposit.

(a) When the condition of the bond has been satisfied or the forfeiture thereof has been set aside or remitted, the court or justice magistrate shall exonerate the surety and release any bail and, if the bail be in a form other than a recognizance, the deposit shall be returned to the person who made the same. The surety may be exonerated by a deposit of cash in the amount of the bail or by a timely surrender of the defendant into custody.
(b) Notwithstanding any provision of this article to the contrary, when a bail bondsman, as defined in article ten, chapter fifty-one of this code, has a surety bond forfeited because of the failure of a defendant to appear before a court or magistrate, that bail bondsman shall be reimbursed the full amount of the bond forfeiture if the bail bondsman later returns the defendant to the custody of the court or magistrate, regardless of the intervening time period which has elapsed since the forfeiture of the bond.

NOTE: The purpose of this bill is to provide that where a bail bondsman has a surety bond forfeited because of a defendant's failure to appear in court, the bail bondsman shall be reimbursed that amount if the bail bondsman later returns the person to the custody of the court.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.