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Committee Substitute House Bill 2040 History

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HB2040 SUB
COMMITTEE SUBSTITUTE

FOR

H. B. 2040


(By Delegate Shook)

(Originating in the House Committee on the Judiciary)


[February 27, 2009]


A BILL to amend and reenact §62-1C-12 of the Code of West Virginia, 1931, as amended, relating to release of bail bonds; and providing for release of bonds upon the defendant being sentenced or beginning to serve the sentence; and providing that bonds shall not be continued for the purpose of collecting court costs or fines assessed.

Be it enacted by the Legislature of West Virginia:
That §62-1C-12 of the Code of West Virginia, 1931, 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 its forfeiture thereof has been set aside or remitted, the court or magistrate shall exonerate the surety and release any bail and, if the bail be is 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 code 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, be it cash or surety, if the bail bondsman returns the defendant to the custody of the court or magistrate, within two years of the forfeiture of the bond.
(c) The Administrator of the West Virginia Supreme Court of Appeals, shall ex officio, be empowered to may audit, review and suspend any bail bondsman whose surety on bonds is or becomes insufficient or whose assets are below the amount of bonds he or she has in existence.
(d) A recognizance secured by execution of a bail bond is released upon the adjudicated person being sentenced or beginning to serve an alternative sentence: Provided, That if the defendant is ordered to report on a later date to begin to serve the imposed sentence, the bond shall continue until the defendant reports to serve that sentence.
(e) A bail bond shall not be continued for the sole purpose of collecting court costs or fines.
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