S-2345               _______________________________________________

                                         SUBSTITUTE SENATE BILL NO. 4305

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Senate Committee on Judiciary (originally sponsored by Senators Halsan and Talmadge)

Read first time 3/6/85.

AN ACT Relating to bail bonds; amending RCW 10.19.090; and adding new sections to chapter 10.19 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 10.19 RCW to read as follows:

          The surety on the appearance bond shall be released from liability when the case against the person is dismissed, the court grants a deferred prosecution, the person is acquitted, or the person is found guilty of the charges made the basis for the appearance bond and the surety notifies the person, the prosecutor, and the court of such conditions for release prior to the commencement of trial.

        Sec. 2.  Section 1, page 103, Laws of 1867 as last amended by section 1137, Code of 1881 and RCW 10.19.090 are each amended to read as follows:

          In criminal cases where a recognizance for the appearance of any person, either as a witness or to appear and answer, shall have been taken and a default entered, the recognizance shall be declared forfeited by the court, and at the time of adjudging such forfeiture said court shall enter judgment against the principal and sureties named in such recognizance for the sum therein mentioned or an amount less than that stated in the bond if recommended by the prosecuting attorney and approved by the court or approved by the court on its own motion, and execution may issue thereon the same as upon other judgments:  PROVIDED, That if the surety is not notified by the court of the unexplained failure of the defendant to appear within sixty days of the date for appearance, then the forfeiture shall be null and void and the recognizance exonerated.

NEW SECTION. Sec. 3.  A new section is added to chapter 10.19 RCW to read as follows:

          If a forfeiture has been entered against a person in a criminal case, and the person is returned for trial within two years from the forfeiture, up to ninety-five percent of the amount of the bond shall be remitted to the surety at the discretion of the court if the surety presents a sworn affidavit to the court stating that the person was returned to custody in part as a result of money spent or information furnished by the surety.

NEW SECTION. Sec. 4.  A new section is added to chapter 10.19 RCW to read as follows:

          The surety on the bond may return to custody at any time a person in a criminal case under the surety's bond if the surrender is accompanied by a notice of forfeiture or a notarized affidavit specifying the reasons for the surrender.  The surrender shall be made to the facility in which the person was originally held in custody or the county or city jail affiliated with the court issuing the warrant resulting in bail.  However, failure to pay bond fees shall not be a basis for surrender.  If the court finds the reasons for the surrender insufficient and a warrant or forfeiture has not been ordered, after a hearing the court may order the bonding fees to be returned to the defendant.

NEW SECTION. Sec. 5.     If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.