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Introduced Version House Bill 2040 History

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hb2040 intr
H. B. 2040


(By Delegate Shook)
[Introduced February 11, 2009; referred to the
Committee on the Judiciary.]




A BILL to amend and reenact §62-1C-12 of the Code of West Virginia, 1931, as amended, relating to provide that a recognizance secured by execution of a bail bond is void upon the finding that the accused person is guilty; and terminating bond liability.

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 void upon the finding that the accused person is guilty. When the finding is made all bond liability is terminated.



NOTE: The purpose of this bill is to provide that a recognizance secured by execution of a bail bond is void upon the finding that the accused person is guilty, and to terminate bond liability at that time.

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