LIST OR DATABASE OF FUGITIVES
Present law provides that if a court issues a bench warrant due to a defendant's failure to appear on a felony or on a Class A or Class B misdemeanor that is violent or sexual in nature as determined by the court, or if a defendant is charged with a failure to appear, then the defendant is placed on any available state or federal list or database as a fugitive from justice, without limitation, within 10 days of the defendant's failure to appear. A surety is not liable for any undertaking if the defendant has not been placed on such a database within the time required by law.
This bill amends the above provisions to, instead, provide that if the above conditions apply, then the defendant is placed on any available state or federal list or database as a fugitive from justice, without limitation, within 10 days of the date the bench warrant is received by the law enforcement agency.
DUE DILIGENCE TO DETERMINE A PERSON'S CRIMINAL HISTORY
After an officer arrests a person, but prior to the determination of bail for the arrest offense by the judge or magistrate, present law requires the arresting officer or the officer's agency to exercise due diligence in determining the existence of any prior arrest or conviction. The results of this investigation must be made a part of the person's law enforcement file.
This bill retains the requirement of due diligence but removes the specification that due diligence must be exercised by the arresting officer or the officer's agency.
ON APRIL 11, 2024, THE SENATE ADOPTED AMENDMENT #2 AND PASSED SENATE BILL 2304, AS AMENDED.
AMENDMENT #2 makes the following changes:
(1) Revises the present law providing that if a court issues a bench warrant due to a defendant's failure to appear on a felony or on a Class A or Class B misdemeanor that is violent or sexual in nature as determined by the court, or if a defendant is charged with a failure to appear, then the defendant is placed on any available state or federal list or database as a fugitive from justice, without limitation, within 10 days of the defendant's failure to appear by replacing 10 days with 10 business days; and
(2) Deletes the provisions in the bill that amend the present law in (1) above to, instead, provide that if the above conditions apply, then the defendant is placed on any available state or federal list or database as a fugitive from justice, without limitation, within 10 days of the date the bench warrant is received by the law enforcement agency.

Statutes affected:
Introduced: 40-11-139, 40-11-142(a), 40-11-142, 40-11-142(b)
Amended with SA0967 -- 04/11/2024: 40-11-139, 40-11-142(a), 40-11-142, 40-11-142(b), 40-11-139(d)