ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

House: JUD DP 6-4-0-0 | 3rd Read 31-28-1-0

HB 2831: failure; appear; surety; notice; rules

Sponsor:  Representative Kavanagh, LD 23

House Engrossed

Overview

Provides notice by the court to a defendant's surety and bail bond agent if the defendant fails to appear.

History

The Arizona Constitution provides for bail for all but specified offenses (Art. 2, Sec. 22). A person charged with a bailable offense can be ordered released by a judicial officer either on his own recognizance or upon execution of bail (A.R.S. § 13-3967).

A bail bond is a contract where a surety provides for the release of a defendant and guarantees attendance in court and obedience to court orders during release. A bail bond agent is a licensed individual appointed by the surety to execute bail bonds (A.R.S. § 20-340).

A surety may be relieved from liability on an appearance bail bond if:

1)   The surety delivers the defendant to the sheriff on or before the date of the appearance;

2)   The defendant is in the custody of the sheriff and provides an affidavit; or

3)   The defendant is transferred to the custody of another government agency (A.R.S. § 13-3974).

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteRequires a court to provide notice of a defendant's failure to appear and the issuance of a warrant for the defendant's arrest if a defendant who is released on an appearance bond fails to appear. (Sec. 1)

2.   Permits the court to issue such notice via email, if provided by the surety and bail bond agent upon the undertaking of bail, or at the physical address of the surety and bail bond agent. (Sec. 1)

3.   Stipulates that an appareance bond is to be fully exonerated if the defendant appears within 120 days of the defendant's initial failure to appear, and that the appearance bond is to be completely forfeited otherwise. (Sec. 1)

4.   Contains a delayed effective date of January 1, 2022. (Sec. 2)

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8.                     HB 2831

9.   Initials LC/AF        Page 0 House Engrossed

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