ON APRIL 15, 2025, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1202, AS AMENDED. AMENDMENT #1 rewrites this bill to authorize the surety on a bail bond to petition the court for release from their obligations as surety if the principal forfeits. A petition filed pursuant to this amendment must be accompanied by a sworn affidavit detailing what good faith efforts were made to locate and assure the appearance of the principal. A hearing must be held on a petition and, upon a finding, by a preponderance of the evidence, that the bondsman made good faith efforts to locate and assure the principal's appearance, the court may release or exonerate the bondsman of the bondsman's obligations in the case. The full text of this amendment specifies five factors that a court may consider to determine whether the surety complied with the good faith effort requirement. This amendment also adds a requirement to present law that, before accepting a bail deposit from a bondsman, the clerk must require the bondsman to initial each page of the bond order, indicating that the bondsman has read and is aware of any conditions of bond imposed on the defendant. The clerk must provide a copy of the initialed bond order the bondsman and maintain a copy in the defendant's file.

Statutes affected:
Introduced: 40-11-124(a), 40-11-124