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