HOUSE BILL NO. 295

INTRODUCED BY J. BARNETT

A BILL FOR AN ACT ENTITLED: "AN ACT RELATING TO FORFEITURE OF A BAIL BOND FOR FAILURE OF THE DEFENDANT TO APPEAR BEFORE THE COURT; AND PROVIDING THAT THE JUDGE SHALL DIRECT THE FORFEITURE TO BE DISCHARGED AND THE BAIL BOND RETURNED TO THE DEFENDANT'S SURETIES WITHOUT ASSESSMENT OF A PENALTY AGAINST THE DEFENDANT'S SURETIES UNDER CERTAIN CIRCUMSTANCES; AND AMENDING SECTION 46-9-503, MCA."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 46-9-503, MCA, is amended to read:

"46-9-503. Violation of release condition -- forfeiture. (1) If a defendant violates a condition of release, including failure to appear, the prosecutor may make a written motion to the court for revocation of the order of release. A judge may issue a warrant for the arrest of a defendant charged with violating a condition of release. Upon arrest, the defendant must be brought before a judge in accordance with 46-7-101.

(2) If a defendant fails to appear before a court as required and bail has been posted, the judge may declare the bail forfeited. Notice of the order of forfeiture must be mailed to the defendant and the defendant's sureties at their last-known address within 10 working days or the bond becomes void and must be released and returned to the surety within 5 working days.

(3) If at any time within 90 days after the forfeiture the defendant's sureties appear and satisfactorily excuse the defendant's failure to appear, the judge may direct the forfeiture to be discharged upon terms as may be just. If at any time within 90 days after the forfeiture the defendant appears and satisfactorily excuses the defendant's failure to appear, the judge shall direct the forfeiture to be discharged upon terms as may be just. If at any time within 90 days after the forfeiture of a surety bail bond the defendant's sureties place the defendant in legal custody with or without a satisfactory excuse for the defendant's failure to appear, the judge shall direct the forfeiture to be discharged and the surety bail bond returned to the defendant's sureties without assessment of a penalty against the defendant's sureties.

(4) The surety bail bond must be exonerated upon proof of the defendant's death or incarceration or subjection to court-ordered treatment in a foreign jurisdiction for a period exceeding the time limits under subsection (3)."

- END -