Posted 6/1/2016

 

State

Bill

Sponsor

Description

US

H.R. 4611

Lieu (D-CA)

No More Money Bail Act of 2016.  Committee Consideration Action By:  House Judiciary – 29FEB16

AK

HCR 32

Judiciary (was S91)

Omnibus crime bill part of which proposes a pretrial system run by DOC.  Introduced 15APL16

AK

SB 30

 

SB 30 would direct the court to establish rules concerning bail forfeitures in connection with marijuana-related offenses. The bill provides that in establishing scheduled amounts of bail in these cases, the court could not allow for disposition of an offense without a court appearance for a person under 18 years of age who is cited for a violation concerning marijuana possession.  Referred to Judiciary 24FEB16

AL

S 408

Sanders

Alternatives for indigent defendants.  Court shall not employ bond practices that keeps defendants incarcerated solely because they cannot pay for their release.  Judiciary 12APR16

CA

AB 1082

Linder

An act to amend Section 1305.4 of the Penal Code, relating to bail. 

CA

AB 1854

Bloom

Provides the district attorney, county counsel or applicable prosecuting agency can recovery attorney fees from bond forfeiture money if successfully oppose motion to vacate.  Public Safety 28APR16

CA

AB 2449

Eggman

Adds a $10 per bond fee to fund costs of DOI oversight of bail agent licensees.   Increases license application fee to $1132 and renewals increased from $35 to $340.  Insurance Hearing – Withdrawn 20APL16

CA

AB 2655

Weber

This bill would authorize an extension of the court’s jurisdiction to declare a forfeiture and authority to release bail for not more than 90 days from the date of arraignment.  To Comm. On RLS for assignment. 09MAY16

CA

SCA 13

Nguyen

Amendment to constitution to disallow bail due to risk of flight.  Referred to Public Safety and Appropriations 28APR16

CO

H 1192

Kagan/Steadman

Recodification of sunset provisions.  Modifies licensing of all categories of bail agents.  Enacted 15APR16

CT

SB 18

Looney

Establishes a 10 percent deposit only bail system exclusive of bail bonds.  From Judiciary Senate calendar number 399 14APR16

CT

HB 5235

 

Impose an automatic cancellation of surety bail agent’s license if such agent has not timely paid the annual examination fee.  Failed to pass.  Issues lives on in Special Session.  16MAY16

DE

HB 45

Schwartzkopf

Establishes a committee to review opportunities for efficiencies in the criminal justice system including bail and alternatives to incarceration.  Assigned to Appropriations 29JAN15

DE

HB 203

Keeley

An Act to amend Title 18 of the DE code relating to bail bond agents.

HI

H 6

Thielen

Expands conditions under which bail may be denied to repeat offenders, e.g. violence against a person.  Carried over

HI

SB 1331

Espero

Pretrial Risk Assessment; Pretrial Release; Bail. Carried over to 2016 Regular Session.

HI

SB 2568

Tokuda

Citation in Lieu of Arrest.  Re-Referred to JDL/PSM, WAM – 02FEB16

HI

HB 1660 (similar to SB 2104)

Souki

All for applying cash bail money to payment of fines and costs.  From Judiciary to Finance 19FEB16

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

ID

SB1345

State Affairs

Relating to Soliciting.  Filed for 3rd Reading.  24FEB16

IL

Zalewski

H 2919

Pretrial release overhaul. Provides if the court deems (1) the defendant will appear as required and (2) will not pose a danger to any person or community and
(3) will comply with all conditions of bond the defendant must [not may] be released OR. Requires the court to consider several release factors before OR or considering monetary bail.  Passed house.  From Senate Criminal law to 3rd reading.  House non-concurs with senate amendments.  30MAY15

KS

H 2056

Corrections

Licensure of bail enforcement agents by the attorney general.  Passed House to Senate

Substitute passed.  Approved by Governor 11MAY16

KS

H 2141

Committee on Corrections and Juvenile Justice

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

LA

H 254

Harvard

Use of certain electronic tracking devices disallowed except for law enforcement/investigative personnel. (excludes bail agents?) To governor 31MAY16

LA

H 385

Hazel

Creates crime for defendant false address re bail bond.  Passed House to Senate Judiciary 31MAY16

LA

S 123

Claritor

Revises and reorganizes Code of Criminal Procedure articles and Revised Statutes relative to bail. Provides right to bail, bail hearings, bail schedules, discharge of bail obligations, forfeiture defense.  Conferees appointed 26MAY16

LA

S 150

Perry

Hearing (within 5 days) for defendant charged with fatality of a non US citizen or illegal.  Passed Senate to House Admin of Crm Justice.  ON House floor 31MAY16

LA

S 219

Claritor

Commercial bail forfeiture money to be disseminated in the same manner as other fines or forfeitures. To governor 31MAY16

LA

S 242

Milkovich

For appeal of forfeiture judgments (as well as for others.)  Killed in Senate 28APR16

LA

S 281

Ward

Amends procedures for bond forfeiture hearings.  Judiciary C 14MAR16

MA

HB 3830

Puppolo

Regarding release on personal recognizance or unsecured bond.  Requires petition to be filed for a bail review. JU 13JAN16

MA

H 1584

Sannicandro (Like 802)

Reforms pretrial process.  Use of risk assessment. Sets up pretrial services. Officer setting bail shall not impose a financial condition that results in the pretrial detention of the person.  Reporting date pending concurrence.  02May16

MA

S 802

Donnelly (Like H 1584)

Reforms pretrial procedures.  Sets up regulations/procedures, training, and duties of  pretrial services which shall collect and present necessary information to compile and present risk assessments scores & create or chose a risk assessment tool. Eliminates term bail in favor of secured or unsecured bond. Judiciary House concurred. Accompanied a study order 04APR16

MD

HB678

Branch

Exempts bail bond and or immigration from not requiring special conditions and facts on an application.  Passed House to Senate Finance – Hearing cancelled 12MAR16

MD

HB1046

Dumais

Requiring a judicial office to order the pretrial release of a person charged with a crime n personal recognizance, on nonfinancial conditions…Judiciary 01MAR16

MD

SB470

Reilly

Altering the prohibition against a surety insurer inquiring about specific information in connection with an application for a bail bond or an immigration bond.  From Finance, Recommitted to same 09MAR16

MD

SB 911

Feldman

Proposes to set a minimum premium down payment of 35% on bail bonds to be paid within 15 months. Finance withdrawn 21MAR16

MD

SB603

Pugh

Prohibiting a District Court commissioner from authorizing the pretrial release of a defendant charged with a specified crime if the defendant has previously been convicted of a crime of violence.  Passed Senate and House Returned passed 04APR16

MD

SB1156

Zirkin

Defendant must be determined indigent to be represented at initial appearance hearing by PD.  Passed Senate to House Judiciary Hearing 2PM 11APR16

ME

S 384

Libby

Electronic benefits cannot be used for bail (among other things).  Enacted 16APR16

ME

LD 1639

 

An Act to Implement the Recommendations of the Intergovernmental Pretrial Justice Reform Task Force.  Passed to been enacted, in concurrence. 05APR16

MO

HB 2454

Roeber

Prohibits a bail bond or surety recovery agent from entering certain health care facilities to apprehend patient or resident.  Voted Do Pass (H) -  28APR16

MO

HB 2716

Harris

Modifies licensing provisions relating to bail bond agents.  Professional Registration and Licensing (H) – 13MAY16

MO

SB 663

Dixon

Creates the “Armed Offender Docket Pilot Project”, includes setting of bail.  13MAY16

MS

H 711

Barker

Clarifies which courts may revisit excessive or insufficient bonds.  Enacted 5/13/16

MS

SB 2664

Burton

Create electronic registry, bail bond database and revise qualification bond.  Enacted 20APR16

NC

H 641

Reives

Revises the statutes governing Bail agents by clarifying the statutes on return of premium (within 72 hours, if principal is surrendered early), arrest orders (for pre-forfeiture surrender), and appointment of surety bondsmen (previous carrier must release agent re fiscal obligations), by broadening pool of CE providers and by making various other changes to the bail agent laws.  Amended/subst. 27APR15

NC

S 508

Randelman

Limit of 36 months for liability of bond.  Forfeiture defenses. Suspension of ability to write for Failure to pay forfeiture judgment.  Passed Senate 29APR15

NH

S 467

Boutin

Relative to private investigators, security guards, and bail enforcement agents, and relative to unsworn falsification on agency forms.  Moved to Concur with House Amendment #1152H. 12MAY16

NJ

A 150

Tucker

Establishes judicial presumption in favor of 10 percent bail option in lieu of bail bond issued for repeat criminal offenders. Judiciary 27JAN16

NJ

A 294

DeCroce

Requires 10 percent bail, prohibits installment payments.  Judiciary 27JAN16

NJ

A 683

Munoz

Requires bail agencies to collect at least 10 percent of bail bond amount.  Judiciary 27JAN16

NJ

A 1596

Rumana

Expands list of crimes  with bail restriction to include gun related crimes with mandatory minimum terms of imprisonment under Graves Act.  Law and Public Safety. 27JAN16

NJ

A 2007

Green

Restricts bail options for second and subsequent offenses occurring while released.  Judiciary 27JAN16

NJ

A 3395 (see also S 2047)

McKeon

Revises court filing fees, assessments, penalties, fines and certain licensing fees to fund Pretrial Services program, etc.  Referred to Assembly Judiciary Comm. 03MAR16

NJ

A 3491

Wimberly

Establishes “County Government Criminal Justice Reform Admin Fund”.  Referred to assembly Judiciary Com 04APR16

NJ

S 851

Stack

Restricts bail for persons charged with violent crimes; establishes bail alternatives for non-violent offenders.  Judiciary 12JAN16

NJ

S 2047

Cruz-Perez

Revises court filing fees, assessments, penalties, fines, and certain licensing fees to fund Pretrial Services Program, e-court information system and Legal Services of New Jersey; repeals certain statutory provisions concerning court fees.  Introduced 21APR16

NJ

S 2079

Barnes

Transfers authority to license/regulate bail agents to Department of law and Public Safety (DLPS) from Department of Banking and Insurance; some DOBI functions re surety companies transferred to AG; establishes Bail Agent Enforcement Unit.  Referred to Senate Judiciary Comm. 25APR16

NM

HJR 13

Adkins

Provides for a vote at next general election for amendment to NM constitution to allow for pretrial detention by a court of record, if defendant deemed likely to FTA or present danger to public.  From House Regulatory and Public Affairs 25JAN15

NM

SJR 1

Wirth

Allows for vote for amendment of NM constitution to facilitate pretrial detention. Passed 18FEB16  Goes directly to voters 08NOV16

NY

A 69

Simanowitz

Authorizes detention when a defendant presents a clear and convincing likelihood of danger to society, the community or any person. Referred to codes 06JAN16

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 6JAN16

NY

A 1755

Zebowski

Requires court review of domestic violence bail applications.  Codes 6JAN16

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 6JAN16

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 6JAN16

NY

A 4516

Clark

Provides that persons arrested for domestic violence forfeit bail when violating an order of protection.  Referred to codes.  06FEB16  Enacting clause stricken 03MAR16

NY

A 6255

Rosenthal

Prohibits removal from the judicial diversion program of defendants with opioid addictions.  Codes 25MAR15

NY

A 6775

Paulin

To amend the criminal procedure law,  in relation to factors for the issuance of an order of recognizance or bail. Codes 06JAN16

NY

A 7028

Lenthol

Revises the procedures regulating the release of persons charged with criminal offenses pending trial. Considers not only (1) likelihood of appearance but (2) safety to public.  6JAN15

NY

A 8551

O’Donnell

To amend the criminal procedure law, in relation to requiring criminal defendants to be interviewed by a pretrial services agent and providing for the consideration of recommendations of such agent by the court prior to the issuance of securing orders, and establishing a presumption of release on own recognizance.  Codes 06JAN16

NY

A 9989 (Like SB7360)

Richardson

To amend the criminal procedure to forfeit bail when violating an order of protection.  Referred to codes – 02MAY16

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

A 4516

Clark

Person arrested for domestic violence forfeit bail when violating an order of protection. Codes 03FEB15

NY

S 3183

Stavisky

Requires court review of domestic violence bail applications.  Codes 03FEB15

NY

S 3824

Venditto

Amends general business law, re licenses for private investigators, bail enforcement agents and watch, guard or patrol agencies.  Codes Amended/subst. 08JUN15

NY

S1901

Bonacic

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

NY

S 4239

Murphy

Prohibits removal from the judicial diversion program of defendants with opioid addictions.  Codes Amended/subst. 18MAY15

NY

S 5167

Nozzolio

Revises the procedures regulating the release of persons charged with criminal offenses pending trial.  Considers not only (1) likelihood of appearance but (2) safety to public.  Codes 06JAN16

NY

S 6061

 

 

 

 

Gianaris

Eliminates bail. Requires an independent pretrial services agent to make recommendations to the court prior to the issuance of a securing order for a criminal defendant.  Prohibits setting bail to secure attendance of a defendant at future court proceedings; establishes a preference for release on the defendant's own recognizance or release subject to conditions established by the court.  Codes 06JAN16

NY

S 6071

Griffon

SNAP benefits cannot be used for bail (among other things.)  Social Services 06JAN16

OK

H 2922

Kirby

Bail bonds; clarifying certain investigation requirement; Enacted 26APR16

OK

H 2042

Young

Drug court bill.  When an offender is admitted to the drug court program, any bail or undertaking shall be exonerated.  Enacted 02MAY16

OK

S 587

Shortey

Bail Enforcement and Licensing Act; apprehension of persons; modifying exceptions.  CCR rejected. 11MAY16

OK

S 952

Paddack

Professional licensing; bond enforcement; modifying allowances and inclusions. Enacted 21APR16

OK

S 976

Allen

Multicounty agent bondsmen; requiring certain actions; changing ratio of deposits for failure to comply.  Enacted 07APR16

OK

S 1331

Sparks

Multicounty agent bondsmen; qualifications for licensure; record keeping; apprehension.  Passed Senate to House Insurance 23MAR16

OK

S 1492

Shortey

Bail bondsmen; modifying applicability of certain provisions.  Business and Commerce 3FEB16

OR

H 2900

Judiciary

Regulation of commercial bail industry.  Judiciary 02FEB15

PA

H 123

Delozier

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

PA

H 367

Cutler

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. Suspends/non-renewal of license for nonpayment of forfeitures. Adds forfeiture provisions.  Enacted as S397

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

RI

H 7999

Keable

Bondsperson has extra time to return fugitive before forfeiture.  House Judiciary 17MA16

RI

H 8172

Craven

An act relating to courts and civil procedure – Held for further study  11MAY16

SC

H 3863

Tallon

Relates to minimum fee charged by bondsman requirements for payment plans.  Referred to House Judiciary 18MAR16

SC

H 4817

Gambrell

Agent application requires contact information including email to DOIEnacted 26MA16

SC

H 4931

Gambrell

Relating to the continuing education of agents and examination thereof by DOI.  Requirement fo a properly zoned office. Passed House to Senate.  Returned to House with amendments. 26MAY16

SC

S 1138

Sheheen

Relates to continuing education for bondsmen. Referred to Senate Banking and Insurance Comm. 02MAR16

TN

H 623

Farmer (Like S642)

Deletes provision permitting a court to revoke a defendant's bond and order the defendant held without bail pending trial if the defendant violates a condition of release, is charged with an offense committed during the defendant's release, or engages in conduct which obstructs the progress of the trial.  Held at desk.  20APR16

TN

HB 1427 (SB 2576)

White

Requires law enforcement officers to do NCIC criminal records check upon each arrest.  Procedure for bail revocation hearing for denial of bail based on criminal act while on bail; requires special bail conditions if person has prior alcohol related prior offenses. Enacted 20MAY16

TN

H 1428

Hardaway

GPS required for bail for one charged with domestic violence.  Deferred to summer study.  06APR16

TN

HB 1516 (SB 1829)

Faison

Allows convicted felons whose rights have been restored to be a licensed bondsmen.  Passed House and Senate 28MAR16

TN

HB 1867 (SB 1788)

Farmer

Bail, Bail Bonds - As introduced, authorizes a professional bondsman or agent of an insurance company to assess the same premium renewal fees for defendants who are not Tennessee residents as for those who are Tennessee residents after the first 12 months of a bond; authorizes a professional bondsman or agent to accept fees in equal installments and to seek indemnification, in certain instances. - Amends TCA Section 40-11-151 and Section 40-11-316.  Enacted 08APR16

TN

HB 1953 (SB 1891)

Hazlewood

Criminal Procedure – releases a surety on a forfeited bail bond when the defendant is arrested on a capias and the bond was forfeited after the defendant did not comply with conditions of bond.  Enacted 08APR16

TN

HB 2448 (SB 2631)

Towns

Removes convicted felons from those persons or classes prohibited from being bail bondsmen.  Taken off calendar 23FEB16

TN

S 1788

Jackson

Authorizes a professional or surety agent to assess the same premium renewal fees for defendants who are not TN residents as for those who are after 12 month of a bond.  Comp. Enacted 08APR16

TN

S 1829

Southerland

Ex-Felons with voting rights restored can apply for bail license.  Re-refer to Senate Cal. Comm.  19APR16

TN

S 1891

Niceley

Releases a surety on a forfeited bond whenever the defendant has een arrested on a capias and the bond was forfeited after the defendant did not comply with the conditions of the bond.  Enacted 02MA16

TN

S 1892

 

Dates on which professional agent must file list of assets with court clerk.  Enacted 24MAR16

TN

S 1369

Kyle

Permits an applicant for approval as a bonding company owner to be a corporation that is owned and controlled by an insurer authorized to write surety in this state or a subsidiary corporation of the insurer.  Assigned to General Sub of Sen Jud Com.  23MAR16

TN

S 2576

Norris

Creates a statutory procedure for bail revocation hearing for the denial of bail based on criminal act while on bail.  Companion House Bill substituted – 18APR16

UT

HB 297

Hutchings

This bill modifies the Utah Code of Criminal Procedure regarding bail bonds. Dead 10MAR16

UT

SB 202

Hillyard

Pre-trial Release.  Senate Judiciary.  Dead 10MAR16

UT

SB 105

Mayne

This bill modifies the Utah Code of Criminal Procedure regarding bail bonds.  Enacted 23MAR16

VA

HB 776

Gilbert

Provides that a person may be released into the custody of pretrial services agency for specific reasons including indecency.  Dead 16FEB16

VA

HB 1246

Wilt

Addresses solicitation of business and penalty for violations.  Dead 16FEB16

VA

HB 1304

Landes

Addresses when a bail bond is discharged.  Dead 16FEB16

VA

SB 285

McEAchin

Bail appeal; presumption against bail.  Enacted 01AR16

VT

H 221

Burke

Criminal justice reform bill including amendment of conditions of pretrial release to permit monetary bail only in cases where a court finds the defendant is a flight risk.  Judiciary 17FEB15

VT

S 171 !

Sears

An act relating to the eligibility for pretrial risk assessment and needs screening.  Delivered to Governor 23MAY16

WA

H 1022

Appleton

Prohibits general power of attorney provisions in bail bond agreements with clients.  From Public Safety Hearing.  Enacted 31MAR16

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.  Rules 02FEB16

WA

H 1716

Moscoso

No state and local enforcement of federal immigration detainers.  Arrestee not to be denied bail solely because an illegal.  Reintroduced 10AR16

WA

S 5766

Roach

EM provider bill. No defendant may be released on EM unless the defendant's release before trial is secured with a payment of bail.  Reintroduced 10MAR16

WA

SB 6556

Padden

Concerning the use of surety treatment bonds.  Passed Rules 05FEB16