Posted 2/15/2015

State

Bill

Sponsor

Description

AZ

H 2164

Borrelli

Factors/procedures to be considered by judicial officer in setting OR or bail, including danger to community.  Introduced 22JAN15

AZ

H 2601

Friese

Firearms bill. Adds provision re danger defendant poses to community in setting of bail. (Prohibits such from possession of firearm.)  Introduced 04FEB15

AZ

S 1269

Bradley

Firearms bill. Adds provision re danger defendant poses to community in setting of bail. (Prohibits such from possession of firearm.)  Introduced 29JAN15

CT

H 6734

Insurance & Real Estate

Increases minimum down payment (50% vice 35%) from principal or indemnitor for premium financing agreement with a surety agent, (2) allows filing of a civil action for appropriate relief and permits a surety agent to apply to the Superior Court to be released from a bond when the balance of the promissory note has not been paid in full by the due date or a payment due is more than sixty days in arrears. Other provisions re CE classes.  Insurance & Real Estate 05FEB15

CT

S 653

Looney

To allow in the case of nonviolent offenders who do not have the means to post bail an alternative pretrial release system.  Judiciary 23JAN15

CT

S 662

Coleman

To prohibit a judge, absent good cause, from setting a bail amount in excess of five thousand dollars in the case of a person charged only with a misdemeanor.  Judiciary 23JAN15

DE

S 18

Marshal

Pretrial detention. Constitutional amendment will begin the process of modernizing Delaware's bail provisions, and clarifying the power of the General Assembly and the Courts to define certain felony offenses for which, and circumstances under which, pre-trial release or bail may not be available.  Introduced 27JAN15

HI

H 6

Thielen

Expands conditions under which bail may be denied to repeat offenders, e.g. violence against a person.  Introduced 22JAN15

HI

S 1331

Espero

Requires pretrial risk assessments, pretrial bail reports, and arraignments to be completed within five working days after an arrest. Judicial officers cannot deny bail absent a pretrial risk assessment score that reflects a high risk of flight or new criminal offense. Judicial officers cannot rely on bail schedule or bail amount.  Introduced 29JAN15

ID

H 63

Judiciary Rules

Removes a provision relating to a bench warrant for a bailable offense; and to provide for the setting of bail when a defendant fails to appear before the court under certain conditions.  Judiciary, Rules & Administration

IN

H 1148

Frizzell

Increases minimum cash bail deposit to the court to 15%.  Courts and Criminal Code – First Reading 08JAN15

IN

H 1295

Wasco

Bond automatically forfeited for non-appearance and also for charge for new offense while out on cash bond.  Introduced 13JAN15

IN

H 1436

DeVon

General criminal law bill. To modify the amount of bail, a defendant's dangerousness must be proved by a preponderance of the evidence. (Under current law, dangerousness must be proved by clear and convincing evidence.) Requires a court to immediately revoke bail if a defendant fails to appear at any stage of the proceedings and is charged with certain offenses.  Introduced 14JAN15

IN

H 1462

Kersey

Allows clerks more access to excess bail money.  Introduced 14JAN15

KS

H 2141

Committee on Corrections and Juvenile Justice

Licensure of bail enforcement agents by the attorney general.  Corrections and Juvenile Justice 27JAN15

KS

S 90

Committee on Corrections and Juvenile Justice

Licensure of bail enforcement agents by the attorney general.  Corrections and Juvenile Justice 27JAN15

KS

S 140

Judiciary

Relating to the forfeiture of appearance bonds.  Bond can be forfeited only for nonappearance.  Forfeiture can be set aside for just cause. No judgment against obligor until 60 days after service.  Judiciary 03FEB15

KY

H 284

Yonts

Requires that certain findings utilized in pretrial release decisions be made by clear and convincing evidence.  Relates to a denial of release based on flight risk or danger to public.  Introduced 04FEB15

MD

H 31

Glenn

Pretrial restrictions for charge of elder abuse.  Prefiled 20NOV14

MD

H 32

Schultz

Bail bill.  [No text yet available]  Prefiled 06OCT14

MD

H 120

Vallario

Deals with FTA & rescheduling. Penalties for willful FTA after 30 days post court’s forfeiture declaration.  In issuing warrant, judge may also set bond. Under certain conditions, judge may strike warrant and reschedule.  Judiciary 26JAN15

MS

H 513

Dixon

Allows bail for obligor incarcerated for overdue child support.  Judiciary B 19JAN15

MS

H 555

Gipson

Aggravated domestic violence. When the court has imposed upon the defendant the conditions set out in this section, the court shall release the bail bond.  Judiciary 27JAN15

MS

H 1264

Middleton

Clarifies service area for agents and recovery agents.  Judiciary B 19JAN15

MS

H 1303

Rogers

Authorizes Parole Board to have bond posted as a condition of parole or early release by defendant.  Judiciary B 19JAN15

MS

S 2151

Hopson

Prohibits bail bond on credit and without collecting full premium.  Judiciary B 19JAN15

MS

S 2440

Burton

Professional bail agent applicants; increases amount of qualification bond from $30K to $40K, plus a $ 10K bond for each county in which bonds are written. A cap on county bonds of $200K which give access to all counties.  Insurance 19JAN15

MS

S 2672

Carmichael

Authorizes Parole Board to have bond posted as a condition of parole or early release by a defendant.  Judiciary B 19JAN15

MS

S 2792

Burton

Insurance premium tax on gross amount collected by domestic companies on personal surety bail bonds. Finance 19JAN15

MT

S 223

Vance

Revision of bail laws.  Surety company may not arrest defendant prior to forfeiture declaration if defendant owes surety a debt. Time certain changed from 90 to 180 days.  Introduced 27JAN15

ND

H 1126

Judiciary

A person may not act as a bail agent unless that person is appointed.  However, a private person can post real or other property as security for a bond if he does not receive compensation.  No freelance bail recovery.  Judiciary 17DEC14

ND

S 2270

Armstrong

Relating to commissions, premiums, and fees charged by bail bond agents. [text unavailable] .  Judiciary 19JAN15

NV

A 69

Judiciary

Overall court paperwork reduction bill, part of which removes provisions requiring courts to provide to the Court Administrator copies of certain orders relating to bail forfeitures.  Prefiled Judiciary 30DEC14

NH

H 573

Therberge

The commissioner of safety may issue an individual license to a person licensed as a private investigator, bail enforcement agent or security guard and authorize endorsements on the license and identification card showing multiple licensure.  40hr training session required.  Introduced 08JAN15

NH

H 648

Sullivan

Requires detention until arraignment for persons arrested for violation of a domestic violence or stalking protective order and increases the fee for bail commissioners ($40 to $60.)  January 16JAN15

NY

A 69

Simanowitz

Authorizes detention when a defendant presents a clear and convincing likelihood of danger to society, the community or any person.  Introduced 07JAN14

NY

A 1700

Montesano

EBT card not to be used for bail.  Codes 12JAN15

NY

A 1754

Crouch

Lenient bail (and sentencing) determinations. Court may revoke or fix bail to be sufficient.  Codes 12JAN15

NY

A 1755

Zebowski

Requires court review of domestic violence bail applications.  Codes 12JAN15

NY

A 3284

Aubry

Requires a criminal court to release a defendant charged with certain offenses involving marijuana on OR in contemplation of dismissal.  Codes 22JAN15

NY

A 3798

Tenney

The power of courts to deny orders of recognizance or bail where the defendant poses a risk of danger to the community.  Codes 26JAN15

NY

A 3865

Wright

Does not permit a defendant to remain at liberty on bail pursuant to a subsequent felony charge.  Exception in some cases.  Codes 26JAN15

NY

A 4008

Tenny

Permits diversion program for alcohol and substance abuse offenders.  Codes 18JAN15

NY

A 4209

Titus

Courts to exonerate bail and order recognizance when no grand jury action has occurred for 45 days from arraignment, except for good cause.  Codes 29JAN15

NY

S 839

Robach

For crimes involving domestic violence, amends the criminal procedure in relation to certain factors when determining recognizance or bail.  Codes 06JAN15

NY

S1901

Bonacic

Allows authorized court to assign pretrial offenders to diversion program for alcohol and substance abuse.  Codes 15JAN15

OK

H 1033

Kirby

Re multi-county license requirements and transfer of same.  Requires submission of audited financial statements setting forth assets minus liabilities to DOI. Deposit requirements.  Deleting certain filing requirements and fees.  Prefiled 08JAN15

OK

H 1874

Shelton

Eliminating certain bail licensing requirements.  Introduced 27JAN15

OK

S 78

Anderson

Pretrial bail schedule; modifying applicability. Judicial district to set bail schedule in numerical dollar amount.  Judge can use pretrial services except when commercial bail is used. First Reading 02FEB15

OK

S 101

Allen

Changing eligibility for certain persons to be bail bondsmen; authorizing restaurant owners where alcohol is served and certain persons to be licensed bail bondsmen upon certain conditions; defining terms; prohibiting executing duties or having an office on certain premises.  First Reading 02FEB15

OK

S 143

Paddack

Relates to the Bail Enforcement and Licensing Act; prohibiting certain persons from licenses & requires requiring certain notification to the Council of Law Enforcement Education and Training.  First Reading 02FEB15

OK

S 282

Newberry

Exoneration of bonds.  At any time before there has been a breach, the surety or bondsman or a licensed bail enforcer may surrender the defendant.  The defendant may be surrendered without the return of premium, after which the bond shall be exonerated.  Introduced 20JAN15

OK

S 373

Sparks

Re multi county license requirements and transfer of same. Requires submission of audited financial statements setting forth assets minus liabilities to DOI. Deposit requirements (e.g. $150K for multicounty).  Deleting certain filing requirement and fees.  Introduced 21JAN15

OK

S 584

Shorty

Assessment of certain fee on each bond for certain purpose:  setting fee; $15 fee per bond to be paid to court clerk where bond is written to be deposited in a newly Jail Bail Contribution Fund; providing for deposits and expenditures; directing the Department of Public Safety to administer certain fund for certain purposes.  Introduced 22JAN15

OK

S 586

Shorty

Forfeiture judgment must be filed within 15 days of declaration of same. Failure to comply exonerates bond. Time certain period is 90 days. Bail bondsmen appointed by the same insurer can assist each other in apprehending a defendant.  Introduced 22JAN15

OK

S 587

Shorty

Relates to nonresidents apprehending persons and assisting other bondsmen; modifying certain exceptions; removing certain license requirements.  Introduced 22JAN15

PA

H 123

Delozier

Regulation of bail.  Cash bail can be used for restitution.  Judiciary 21JAN15

PA

S 213

Greenleaf

Regulating bail bond enforcement agents; requiring licensure and registration; and providing for penalties. Notification requirements.  Judiciary 20JAN15

PA

S 363

White

General bill amending judicial procedures, some of which treats of bail. In bonds and recognizances: further providing for definitions, for registration and licensure required, for suspension or revocation of license and for statements by fidelity or surety companies.  Judiciary 30JAN15

PA

S 397

Alloway

Re bonds and recognizances, amending provisions relating to professional bondsmen and providing for authorization to conduct business within each county, for forfeited undertaking and for private cause of action. Eliminates property writers.  Judiciary 30JAN15

RI

H 5250

Morgan

EBT not to be used for bail (along with other restrictions.)  Introduced 29JAN15

SC

H 3433

Erickson

Domestic Violence Reform Act.

Bail/release restrictions.  Introduced 27JAN15

TN

H 41

Lamberth

Removes provisions allowing judges or magistrates to waive the current 12-hour period during which a defendant charged with a domestic violence offense or an elder abuse offense cannot be released on bailIntroduced 20JAN15

TN

H 134

Lamberth

Conditions placed upon a person charged with grave vehicular offenses (e.g. vehicular homicide) release on bail.  Introduced 20JAN15

TX

H 306

McDaniel

Authorizes professional bondsmen to charge up to 15 percent rather than 10 percent premium if the defendant is not a TN resident.  Judiciary 04FEB15

TX

H 307

White

Relating to a study on the feasibility and potential costs and benefits of implementing a pay-for-performance contract program for certain criminal justice programs and services. Prefiled 07NOV14

TX

H 498

Hernandez

Relating to the violation of certain court orders or conditions of bond in a family violence, sexual assault or abuse, stalking, or trafficking case.  Prefiled 12DEC15

TX

H 581

Harless

The manner in which a bail bond or personal bond is forfeited.  Allows for good cause for not appearing but grace period for 72 hours or less.  Prefiled 02JAN15

TX

H 643

Harless

Relating to the procedures for discharging bail in certain criminal proceedings.  Prefiled 09JAN15

TX

H 885

Paddie

Relating to the meetings of certain county [population less than 110,000] bail bond boards.  Introduced 22JAN15

TX

H 833

Moody

Creation of a graffiti pretrial diversion program. Introdcued 22JAN15

TX

H 885

Paddie

Relating to the meetings of certain county (population less than 110,000) bail bond boards.  Introduced 22JAN15

TX

H 1115

Thompson

Allows issuance of citation instead of arrest (except for out- of-towners) for certain misdemeanors, [e.g, possession of pot.].  Criminal Procedure 04FEB15

UT

S 141

Hillyard

Judiciary amendments bill.  A person charged criminal offense shall be admitted to bail as a matter of right, except if the person is charged with a:

(a) capital felony, (b) felony committed while on probation or parole, or while free on bail awaiting trial on a previous felony charge.  Judiciary 03FEB15

VA

H 1337

Spruill

Exempts from recordation tax any deed of trust given by a property bail bondsman as security on a bond.  Introduced 14JAN15

VA

H 2129

Mason

Prohibits persons the subject of a protective order or required to register as a sex offender from obtaining a license or registration for the private security industry, bail bonding industry, etc.  Introduced 14JAN15

VA

H 2314

Wilt

Agent regulatory bill. Requires the Department of Criminal Justice Services to suspend the license of any agent or bail enforcement agent arrested for a felony during the pendency of his case. Requires a agent to report any felony arrest to the Department within 10 calendar days of the arrest. Reduces from 30 to 10 calendar days the time within which an agent or bail enforcement agent must report certain other information to the Department.  Courts of Justice 22JAN15

VA

H 2366

Ingram

Requires nonresident transfer or applicant to be licensed as a bail bondsman, that such transfer or applicant furnish bond by a corporate surety payable to the Department of Criminal Justice Services in the amount of at least $50,000. In lieu of furnishing a bond, the bill allows collateral.  23JAN15

VA

H 2396

Spruill

Allows an agent or his licensed bail enforcement agent to request from the magistrate a capias for arrest of his principal, which capias may be executed by the agent, his agent, or a law-enforcement officer. Currently, a bondsman can request the issuance of a capias only from the court or clerk.  Courts of Justice 27JAN15

VA

S 1253

Deeds

Extends the statute of limitations to one year after the victim reaches 18 years of age for misdemeanor violations of the following crimes, including carnal knowledge by employee of bail bond company,  Courts of Justice 14JAN15

VA

S 1281

Wexton

Criminal Justice Services Board can establish training standards for private security professionals, bail bondsmen, bail enforcement agents, etc. without utilizing the Administrative Process Act. (Under current law, the establishment of training standards for law enforcement, corrections officers, and certain others is exempted.)  14JAN15

VT

S 7

Sears

Categorizes conduct of lewd and lascivious conduct with a child as a violent offense for the purpose of determining bail.  Introduced 14JAN15

WA

H 1022

Appleton

Prohibits general power of attorney provisions in bail bond agreements with clients.  Public Safety 12JAN15

WA

H 1029

Appleton

Establishes warrant officers’ position for enforcement of outstanding warrants (and court orders) in 1st class cities.  Judicary Hearing 13Jan15

WA

H 1312

Goodman

Where a defendant is in custody beyond the jurisdiction of the court that ordered the bail forfeited, and the prosecuting agency elects not to seek extradition, the court must vacate the forfeiture and exonerate the bond.  Introduced 19JAN15

WA

H 1716

Moscoso

No state and local enforcement of federal immigration detainers.  Arrestee not to be denied bail solely as an illegal.  Judiciary 27JAN15

WA

H 1943

Shea

Home detention bill. No defendant may be released to home detention unless the defendant's release before trial is secured with a payment of bail. If bail is revoked by the court, or the bail bond agency, the court shall note the reason for the revocation in the court file.  Judiciary 03FEB15

WA

S 5004

Angel

Establishes warrant officers’ position for enforcement of outstanding warrants (and court orders) in 1st class cities.  Law & Justice Hearing 19JAN15

WV

S 31

Hall

Upon securing a bail piece, the surety is relieved of acting collateral on the case(s) at hand.  Judiciary 16JAN15

Contributions to the 2015 Legislative Log are largely made by American Bail Coalition Surety & Fidelity Association.