S-1691               _______________________________________________

                                                   SENATE BILL NO. 4305

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Senators Halsan and Talmadge

Read first time 2/8/85 and referred to Committee on Judiciary.

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 the surety notified within thirty days, 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 within thirty days of the default of the forfeiture, 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 incarcerated within two years from the forfeiture, at least ninety-five percent of the amount of the bond shall be remitted to the surety 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 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.