BAIL
Under present law, if a defendant whose release is secured by real estate or sureties does not comply with the conditions of the bail bond, then the court must enter an order declaring the bail to be forfeited. Present law requires notice of the order of forfeiture to be immediately sent by regular mail by the court clerk to the defendant at the defendant's last known address. Present law requires the defendant's surety to be served with a judicial writ requiring the defendant to show cause why the bail should not be forfeited. Present law provides that, when the defendant is arrested, the surety on the defendant's forfeited bond is released. After the expiration of 180 days from the date the surety is served or the writ is returned to the clerk unserved or undelivered, present law authorizes the court to enter judgment for the state against the defendant and the defendant's sureties for the amount of the bail and costs of the proceedings. Present law does not allow execution to issue upon a final forfeit, or proceedings to be taken for its enforcement, until the expiration of 30 days after its entry.
This bill adds to the above provision that if a court issues a bench warrant due to a defendant's failure to appear on a felony or a Class A or Class B misdemeanor, or if a defendant is charged with a failure to appear, then the defendant is required to be 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. This bill further provides that the surety is not liable for any undertaking if the defendant has not been placed on such a database within the time required by law, and is only responsible for costs in accordance with provisions for conditional judgments for the failure to appear.
DETERMINATION OF PERSON'S CRIMINAL HISTORY
Present law requires an arresting officer, or the officer's agency, to exercise due diligence in determining the existence of prior arrests for, and violations of, vehicular assault, aggravated vehicular assault, vehicular homicide as a result of intoxication, aggravated vehicular homicide, or driving under the influence of an intoxicant after the officer arrests a person for one of those offenses but prior to the determination of bail for the arrest offense by the judge or magistrate. This bill removes the listed offenses such that such due diligence must be exercised for all arrests and violations.
ON APRIL 13, 2023, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 418, AS AMENDED.
AMENDMENT #1 limits the eligible Class A or Class B misdemeanors for which a defendant is required to be 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 after a court issues a bench warrant for that failure, to such misdemeanors that are violent or sexual in nature as determined by the court.
This amendment also expands the officer’s and the officer’s agency’s duty to exercise due diligence as described in the bill to not only discover any prior arrests, but also to uncover any prior convictions. Furthermore, the results of this investigation are required, under this amendment, to be made a part of the person’s case file.

Statutes affected:
Introduced: 40-11-139, 40-11-142(a), 40-11-142