Under existing law, a person commits the crime of bail jumping in the second degree if, having been lawfully released from custody, with or without bail, upon condition that he or she will subsequently appear at a specified time and place in connection with a charge of having committed any misdemeanor or Class C felony, he or she fails to appear at that time and place. This bill would add a Class D felony to the crime of bail jumping in the second degree. Under existing law, the arrest and delivery of a defendant after the entry of a conditional forfeiture against the surety does not exonerate the surety unless the court finds good cause for the defendant's failure to appear. This bill would provide that a surety is exonerated if the surety arrests and delivers the defendant following the entry of a conditional forfeiture against the surety. Under existing law, when a defendant fails to appear in court as required by the undertaking of bail and no sufficient excuse for the failure to appear has been provided to the court, the court shall order a conditional forfeiture and show cause order against a defendant and the sureties of a bond. This bill would provide that a conditional forfeiture and show cause order shall be ordered by the court within 90 days of the defendant's failure to appear. Under existing law, a court shall set aside a conditional forfeiture under specific circumstances. This bill would provide that a conditional forfeiture shall be set aside by a court if the surety arrests a defendant and delivers the defendant to the authorized jail and the jail refuses to accept the defendant. This bill would also provide that a conditional forfeiture shall be set aside by a court if the offense is a felony and the surety shows the governing authorities declined to enter the defendant into the National Crime Information Center database with nationwide extradition or declined to proceed with extradition.

Statutes affected:
Introduced: 13A-10-40