The bill revises the laws related to bond forfeiture in Montana, specifically addressing the consequences when a defendant fails to appear in court. It amends Section 46-9-503 of the Montana Code Annotated (MCA) to mandate that a judge "shall" declare the bail forfeited if a defendant fails to appear, replacing the previous language that allowed the judge discretion in this matter. Additionally, the bill stipulates that notice of the forfeiture must be mailed to the defendant and their sureties within 10 working days, and if this notice is not sent, the bond becomes void and must be returned to the surety within 5 working days.

The bill also outlines the conditions under which a forfeiture can be discharged. If the defendant's sureties surrender the defendant or satisfactorily excuse the failure to appear within 90 days of the forfeiture, the judge is required to discharge the forfeiture without penalty. Furthermore, the bill clarifies that a surety bail bond is strictly an appearance bond and cannot be forfeited for other violations, such as fines or restitution. The original bond remains in effect and is only due if the surety fails to surrender the defendant or if the defendant does not appear within the specified time frame.

Statutes affected:
Introduced: 46-9-503