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RE-ENGROSSED SUBSTITUTE SENATE BILL NO. 4305
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AS AMENDED BY THE HOSE
C 322 L 86 PV
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 case is deferred, the person is acquitted, or the person is found guilty of the charges made the basis for the appearance bond.
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. If the surety is not notified by the court in writing
of the unexplained failure of the defendant to appear within thirty 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 to custody or produced in court within twelve months from the forfeiture, then the full amount of the bond, less any and all costs determined by the court to have been incurred by law enforcement in transporting, locating, apprehending, or processing the return of the person to the jurisdiction of the court, shall be remitted to the surety if the surety was directly responsible for producing the person in court or directly responsible for apprehension of the person by law enforcement.
NEW SECTION. Sec. 4. A new section is added to chapter 10.19 RCW to read as follows:
The liability of the surety is limited to the amount of the bond when acting within the scope of the surety's duties in issuing the bond.
NEW SECTION. Sec. 5. A new section is added to chapter 10.19 RCW to read as follows:
The surety on the bond may return to custody 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.
NEW SECTION. Sec. 6. 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.