Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 105 (2016GS)

Sponsor

Sen. Hillyard, L.

Final action

Governor Signed 3/23/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• revises specified terms, including adding the use of the terms "bail bond" and "surety agency" to replace current terms;
• changes specified licensure requirements;
• modifies certain provisions regarding bail charges;
• amends liability provisions regarding a bail bond producer and a bail bond agency; and
• amends record maintenance requirements.

Every vote on this bill

Bill text

This document includes Senate Committee Amendments incorporated into the bill on Thu, Feb 4, 2016 at 2:29 PM by lpoole.
This document includes House Committee Amendments incorporated into the bill on Tue, Feb 16, 2016 at 10:58 AM by cynthiahopkin.
BAIL AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Lyle W. Hillyard
House Sponsor: 
 Jack R. Draxler
LONG TITLE
General Description:
This bill modifies criminal procedure provisions regarding bail and bail security.
Highlighted Provisions:
This bill:
▸ revises specified terms, including adding the use of the terms "bail bond" and
"surety agency" to replace current terms;
▸ changes specified licensure requirements;
▸ modifies certain provisions regarding bail charges;
▸ amends liability provisions regarding a bail bond producer and a bail bond agency;
and
▸ amends record maintenance requirements.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
31A-35-102
, as last amended by Laws of Utah 2003, Chapter 298
31A-35-103
, as last amended by Laws of Utah 2007, Chapter 309
31A-35-104
, as last amended by Laws of Utah 2000, Chapter 259
31A-35-201
, as last amended by Laws of Utah 2010, Chapter 286
31A-35-202
, as last amended by Laws of Utah 2011, Chapter 284
31A-35-301
, as last amended by Laws of Utah 2009, Chapter 183
31A-35-401
, as last amended by Laws of Utah 2010, Chapter 10
31A-35-401.5
, as last amended by Laws of Utah 2012, Chapter 253
31A-35-402
, as last amended by Laws of Utah 2003, Chapter 298
31A-35-404
, as last amended by Laws of Utah 2000, Chapter 259
31A-35-405
, as last amended by Laws of Utah 2009, Chapter 349
31A-35-406
, as last amended by Laws of Utah 2011, Chapter 284
31A-35-407
, as enacted by Laws of Utah 1998, Chapter 293
31A-35-501
, as last amended by Laws of Utah 2000, Chapter 259
31A-35-502
, as last amended by Laws of Utah 2008, Chapter 382
31A-35-503
, as last amended by Laws of Utah 2003, Chapter 298
31A-35-504
, as last amended by Laws of Utah 2010, Chapter 178
31A-35-601
, as last amended by Laws of Utah 2003, Chapter 298
31A-35-602
, as last amended by Laws of Utah 2011, Chapter 284
31A-35-603
, as last amended by Laws of Utah 2003, Chapter 298
31A-35-604
, as last amended by Laws of Utah 2003, Chapter 298
31A-35-605
, as last amended by Laws of Utah 2003, Chapter 298
31A-35-606
, as last amended by Laws of Utah 2003, Chapter 298
31A-35-607
, as last amended by Laws of Utah 2012, Chapter 253
31A-35-608
, as last amended by Laws of Utah 2003, Chapter 298
31A-35-701
, as last amended by Laws of Utah 2004, Chapter 274
31A-35-702
, as last amended by Laws of Utah 2003, Chapter 298
31A-35-703
, as last amended by Laws of Utah 2003, Chapter 298
31A-35-704
, as last amended by Laws of Utah 2003, Chapter 298
77-18a-1
, as last amended by Laws of Utah 2009, Chapter 175
77-20-1
, as last amended by Laws of Utah 2015, Chapter 99
77-20-3
, as last amended by Laws of Utah 1998, Chapter 293
77-20-4
, as last amended by Laws of Utah 2014, Chapter 170
77-20-7
, as last amended by Laws of Utah 2011, Chapter 179
77-20-8.5
, as last amended by Laws of Utah 2001, Chapter 245
77-20-9
, as last amended by Laws of Utah 2008, Chapter 3
77-20-10
, as last amended by Laws of Utah 2012, Chapter 380
77-20b-101
, as last amended by Laws of Utah 2011, Chapter 179
77-20b-102
, as last amended by Laws of Utah 2000, Chapter 259
77-20b-103
, as last amended by Laws of Utah 2000, Chapter 259
77-20b-104
, as last amended by Laws of Utah 2006, Chapter 332
77-20b-105
, as enacted by Laws of Utah 2006, Chapter 332
ENACTS:
77-20b-100
, Utah Code Annotated 1953
REPEALS:
77-20-5
, as last amended by Laws of Utah 1998, Chapter 293
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
31A-35-102
 is amended to read:
31A-35-102.
Definitions.
As used in this chapter:
(1) "Bail bond" means a 
bail
 bond 
insurance product
 for a specified monetary amount
that is:
(a) executed by a bail bond producer licensed in accordance with Section 
31A-35-401
;
and
(b) issued to a court, magistrate, or authorized officer [
as security for the subsequent
court appearance of the defendant upon the defendant's release from actual custody pending the
appearance.
] 
to secure:
(i) the release of a person from incarceration; and
(ii) the appearance of the released person at court hearings the person is required to
attend.
[
(4)
] 
(2)
 "Bail bond [
surety company
] 
agency
" means any sole proprietor or entity
[
who
] 
that
:
(a) is licensed under Subsection 
31A-35-404
(1) or (2);
[
(a)
] 
(b)
 (i) is the agent of a surety insurer that [
issues
] 
sells
 a bail bond in connection
with judicial proceedings;
(ii) pledges the assets of a letter of credit from a Utah depository institution for a bail
bond in connection with judicial proceedings; or
(iii) pledges personal or real property, or both, as security for a bail bond in connection
with judicial proceedings; and
[
(b)
] 
(c)
 receives or is promised money or other things of value for a service described
in Subsection [
(4)(a)
] 
(2)(b)
.
[
(2)
] 
(3)
 "Bail bond producer" means an individual who:
(a) is appointed by:
(i) a surety insurer that [
issues
] 
sells
 bail bonds; or
(ii) a bail bond [
surety company
] 
agency
 licensed under this chapter;
(b) is appointed to execute or countersign undertakings of bail in connection with
judicial proceedings; and
(c) receives or is promised money or other things of value for engaging in an act
described in Subsection [
(2)
] 
(3)
(b).
[
(3) "Bail bond surety" means a person that:
]
[
(a) (i) is a bail bond surety company licensed under this chapter; or
]
[
(ii) a surety insurer; and
]
[
(b) issues bonds to secure:
]
[
(i) the release of a person from incarceration; and
]
[
(ii) the appearance of that person at court hearings.
]
[
(5)
] 
(4)
 "Bail enforcement agent" means [
an individual who: (a) is employed or
contracted with to: (i) enforce the terms and conditions of a defendant's release on bail in a
civil or criminal proceeding; (ii) apprehend a defendant or surrender a defendant to custody; or
(iii) both Subsections (5)(a)(i) and (ii); and (b) receives or is promised money or other things of
value for the services described in Subsection (5)(a)
] 
the same as that term is defined in Section
53-11-102
.
[
(6)
] 
(5)
 "Board" means the Bail Bond [
Surety
] Oversight Board created in Section
31A-35-201
.
[
(7)
] 
(6)
 "Certificate" means a certificate of authority issued under this chapter to allow
an insurer to operate as a surety insurer.
[
(8)
] 
(7)
 "Indemnitor" means an entity or natural person [
who
] 
that
 enters into an
agreement with a bail bond [
surety
] 
agency
 to hold the bail bond [
surety
] 
agency
 harmless from
loss incurred as a result of executing a bail bond.
[
(9)
] 
(8)
 "Liquid assets" means financial holdings that can be converted into cash in a
timely manner without the loss of principal.
(9) "Premium" means the specified monetary amount used to purchase a bail bond.
(10) "Principal" means [
an individual or corporation whose performance is guaranteed
by bond.
] 
a person that:
(a) guarantees the performance of a bail bond; or
(b) owns
Ŝ→ 
not
 ←Ŝ
less than 10% of the bail bond agency.
(11) "Surety insurer" means an insurer that:
(a) is licensed under Chapter 4, Insurers in General, Chapter 5, Domestic Stock and
Mutual Insurance Corporations, or Chapter 14, Foreign Insurers;
(b) receives a certificate under this title; and
(c) [
issues
] 
sells
 bail bonds 
in connection with judicial proceedings
.
(12) "Utah depository institution" [
is
] 
means
 a depository institution, as defined in
Section 
7-1-103
, that:
(a) has Utah as its home state; or
(b) operates a branch in Utah.
Section 2. Section 
31A-35-103
 is amended to read:
31A-35-103.
Exemption from other provisions of this title.
Bail bond [
surety companies
] 
agencies
 are exempted from:
(1) Chapter 3, Department Funding, Fees, and Taxes, except Section 
31A-3-103
;
(2) Chapter 4, Insurers in General, except Sections 
31A-4-102
, 
31A-4-103
, 
31A-4-104
,
and 
31A-4-107
;
(3) Chapter 5, Domestic Stock and Mutual Insurance Corporations, except Section
31A-5-103
;
(4) Chapter 6a, Service Contracts;
(5) Chapter 6b, Guaranteed Asset Protection Waiver Act;
[
(5)
] 
(6)
 Chapter 7, Nonprofit Health Service Insurance Corporations;
[
(6)
] 
(7)
 Chapter 8, Health Maintenance Organizations and Limited Health Plans;
(8) Chapter 8a, Health Discount Program Consumer Protection Act;
[
(7)
] 
(9)
 Chapter 9, Insurance Fraternals;
[
(8)
] 
(10)
 Chapter 10, Annuities;
[
(9)
] 
(11)
 Chapter 11, Motor Clubs;
[
(10)
] 
(12)
 Chapter 12, State Risk Management Fund;
[
(11)
] 
(13)
 Chapter 13, Employee Welfare Funds and Plans;
[
(12)
] 
(14)
 Chapter 14, Foreign Insurers;
[
(13)
] 
(15)
 Chapter 15, Unauthorized Insurers, Surplus Lines, and Risk Retention
Groups;
[
(14)
] 
(16)
 Chapter 16, Insurance Holding Companies;
[
(15)
] 
(17)
 Chapter 17, Determination of Financial Condition;
[
(16)
] 
(18)
 Chapter 18, Investments;
[
(17)
] 
(19)
 Chapter 19a, Utah Rate Regulation Act;
[
(18)
] 
(20)
 Chapter 20, Underwriting Restrictions;
(21) Chapter 23b, Navigator License Act;
[
(19)
] 
(22)
 Chapter 25, Third Party Administrators;
[
(20)
] 
(23)
 Chapter 26, Insurance Adjusters;
[
(21)
] 
(24)
 Chapter 27, Delinquency Administrative Action Provisions;
[
(22)
] 
(25)
 Chapter 27a, Insurer Receivership Act;
[
(23)
] 
(26)
 Chapter 28, Guaranty Associations;
[
(24) Chapter 29, Comprehensive Health Insurance Pool Act;
]
[
(25)
] 
(27)
 Chapter 30, Individual, Small Employer, and Group Health Insurance Act;
[
(26)
] 
(28)
 Chapter 31, Insurance Fraud Act
;
(29) Chapter 32a, Medical Care Savings Account Act;
[
(27)
] 
(30)
 Chapter 33, Workers' Compensation Fund; [
and
]
[
(28)
] 
(31)
 Chapter 34, Voluntary Health Insurance Purchasing Alliance Act[
.
]
;
(32) Chapter 36, Life Settlements Act;
(33) Chapter 37, Captive Insurance Companies Act;
(34) Chapter 37a, Special Purpose Financial Captive Insurance Company Act;
(35) Chapter 38, Federal Health Care Tax Credit Program Act;
(36) Chapter 39, Interstate Insurance Product Regulation Compact;
(37) Chapter 40, Professional Employer Organization Licensing Act;
(38) Chapter 41, Title Insurance Recovery, Education, and Research Fund Act;
(39) Chapter 42, Defined Contribution Risk Adjuster Act; and
(40) Chapter 43, Small Employer Stop-Loss Insurance Act.
Section 3. Section 
31A-35-104
 is amended to read:
31A-35-104.
Rulemaking authority.
The commissioner shall by rule establish specific licensure and certification guidelines
and standards of conduct for the business of bail bond [
surety
] insurance under this chapter.
Section 4. Section 
31A-35-201
 is amended to read:
31A-35-201.
Bail Bond Oversight Board.
(1) There is created a Bail Bond [
Surety
] Oversight Board within the department,
consisting of:
(a) the following seven voting members [
to
] 
who shall
 be appointed by the
commissioner:
(i) one representative each from four licensed bail bond [
surety companies
] 
agencies
;
(ii) two members of the general public who do not have any financial interest in or
professional affiliation with any bail bond [
surety company
] 
agency
; and
(iii) one attorney in good standing licensed to practice law in Utah; and
(b) a nonvoting member who is a staff member of the insurance department appointed
by the commissioner.
(2) (a) The appointments are for terms of four years. A board member may not serve
more than two consecutive terms.
(b) The [
insurance
] commissioner shall, at the time of appointment or reappointment of
a board member described in Subsection (1)(a), adjust the length of terms to ensure that the
terms of board members are staggered so approximately half of the board is appointed every
two years.
(3) A board member serves until:
(a) removed by the [
insurance
] commissioner;
(b) the member's resignation; or
(c) for a member described in Subsection (1)(a), the expiration of the member's term
and the appointment of a successor.
(4) When a vacancy occurs in the membership of a board member described in
Subsection (1)(a) for any reason, the replacement shall be appointed for the remainder of the
unexpired term.
(5) The board shall annually elect one of its members as chair.
(6) Four voting members constitute a quorum for the transaction of business.
(7) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(8) (a) The commissioner, with a majority vote of the board, may remove any member
of the board described in Subsection (1)(a) for misconduct, incompetency, or neglect of duty.
(b) The board shall conduct a hearing if requested by the board member described in
Subsection (1)(a) that is to be removed.
(9) Members of the board are immune from suit with respect to all acts done and
actions taken in good faith in carrying out the purposes of this chapter.
Section 5. Section 
31A-35-202
 is amended to read:
31A-35-202.
Board responsibilities.
(1) The board shall:
(a) meet:
(i) at least quarterly; and
(ii) at the call of the chair;
(b) make written recommendations to the commissioner for rules governing the
following aspects of the bail bond [
surety
] insurance business:
(i) qualifications, applications, and fees for obtaining:
(A) a license required by this Section 
31A-35-401
; or
(B) a certificate;
(ii) limits on the aggregate amounts of bail bonds;
(iii) unprofessional conduct;
(iv) procedures for hearing and resolving allegations of unprofessional conduct; and
(v) sanctions for unprofessional conduct;
(c) screen:
(i) bail bond [
surety company
] 
agency
 license applications; and
(ii) persons applying for a bail bond [
surety company
] 
agency
 license; and
(d) recommend to the commissioner action regarding the granting, renewing,
suspending, revoking, and reinstating of bail bond 
Ŝ→ [
surety company
] 
agency
 ←Ŝ
 license.
(2) The board may:
(a) conduct investigations of allegations of unprofessional conduct on the part of
persons or bail bond [
sureties
] 
agencies
 involved in the business of bail bond [
surety
]
insurance; and
(b) provide the results of the investigations described in Subsection (2)(a) to the
commissioner with recommendations for:
(i) action; and
(ii) any appropriate sanctions.
Section 6. Section 
31A-35-301
 is amended to read:
31A-35-301.
The commissioner's authority.
(1) The commissioner shall:
(a) make rules as necessary for the administration of this chapter;
(b) with information as provided by the board, issue or deny licensure under this
chapter;
(c) take action regarding a license, including suspension or revocation; and
(d) maintain and publish a current list of licensed bail bond [
surety companies
]
agencies
 and 
bail bond
 producers.
(2) The commissioner may establish fees for the issuance, renewal, and reinstatement
of a bail bond [
surety company
] 
agency
 license in accordance with Section 
63J-1-504
.
Section 7. Section 
31A-35-401
 is amended to read:
31A-35-401.
Requirement for license or certificate of authority -- Process -- Fees
-- Limitations.
(1) (a) A person may not engage in the bail bond [
surety
] insurance business unless that
person:
(i) is a bail bond [
surety company
] 
agency
 licensed under this chapter;
(ii) is a surety insurer that is granted a certificate under this section in the same manner
as other insurers doing business in this state are granted certificates of authority under this title;
or
(iii) is a bail bond producer licensed in accordance with this section.
(b) A bail bond [
surety company
] 
agency
 shall be licensed under this chapter as an
agency.
(c) A bail bond producer shall be licensed under Chapter 23a, Insurance Marketing -
Licensing Producers, Consultants, and Reinsurance Intermediaries, as a limited lines producer.
(2) A person applying for a bail bond [
surety company
] 
agency
 license under this
chapter shall submit to the commissioner:
(a) a completed application form as prescribed by the commissioner;
(b) a fee as determined by the commissioner in accordance with Section 
31A-3-103
;
and
(c) any additional information required by rule.
(3) A fee required under this section is not refundable.
(4) A fee collected from a bail bond [
surety company
] 
agency
 shall be deposited [
in
]
into
 a restricted account created in Section 
31A-35-407
.
(5) (a) A bail bond [
surety company
] 
agency
 shall be domiciled in Utah.
(b) A bail bond producer shall be a resident of Utah.
(c) A foreign surety insurer that is granted a certificate to [
issue
] 
sell
 bail bonds may
only [
issue
] 
sell
 bail bonds through a bail bond [
surety company
] 
agency
 licensed under this
chapter.
Section 8. Section 
31A-35-401.5
 is amended to read:
31A-35-401.5.
Additional licensure requirements for a bail bond agency.
(1) A person applying for licensure 
or the reinstatement of a license
 as a bail bond
[
surety or
] agency [
for the first time
] shall, in addition to the requirements of Section
31A-35-401
, provide proof that at least one principal of the bail bond [
surety or
] agency will
have a minimum of 2,000 hours of experience working as an employee of a bail bond [
surety
company
] 
agency
 as a licensed bail bond [
agent
] 
producer
.
(2) The applicant shall provide proof of the experience claimed under Subsection (1),
including providing:
(a) the exact details of the character and nature of the experience on a form provided by
the department;
(b) a statement by each employer verifying the number of hours the applicant worked
for the employer; and
(c) (i) federal income reporting forms that account for the wages for hours claimed or
documented approval of the claimed hours by the insurance commissioner; and
(ii) the total of 2,000 hours may be proved in part by federal income reporting forms
and in part by approval by the insurance commissioner.
(3) The burden of proving the hours of experience as required in this section is upon
the applicant.
Section 9. Section 
31A-35-402
 is amended to read:
31A-35-402.
Authority related to bail bonds.
(1) A bail bond [
surety company
] 
agency
 may only [
issue
] 
sell
 bail bonds.
(2) In accordance with Section 
31A-23a-205
, a bail bond producer may not execute or
issue a bail bond in this state without holding a current appointment from a [
bail bond
] surety
insurer
 or 
a
 current designation from a bail bond [
company
] 
agency
.
(3) A bail bond surety 
agency or
Ŝ→ 
surety
 ←Ŝ
insurer
 may not allow any person who is
323a not a bail
bond producer to engage in the bail bond 
Ŝ→ [
surety
] ←Ŝ
insurance
 business on the bail bond
324a [
surety's
]
agency's or
Ŝ→ 
surety
 ←Ŝ
insurer's
 behalf, except for individuals:
(a) employed solely for the performance of clerical, stenographic, investigative, or
other administrative duties that do not require a license as:
(i) a bail bond [
surety company
] 
agency
; or
(ii) a bail bond producer; and
(b) whose compensation is not related to or contingent upon the number of 
bail
 bonds
written.
Section 10. Section 
31A-35-404
 is amended to read:
31A-35-404.
Minimum financial requirements for bail bond agency license.
(1) (a) A bail bond [
surety company
] 
agency
 that pledges the assets of a letter of credit
from a Utah depository institution in connection with a judicial proceeding shall maintain an
irrevocable letter of credit with a minimum face value of $300,000 assigned to the state from a
Utah depository institution.
(b) Notwithstanding Subsection (1)(a), a bail bond [
surety company
] 
agency
 described
in Subsection (1)(a) that is licensed under this chapter as of December 31, 1999, shall maintain
an irrevocable letter of credit with a minimum face value of $250,000 assigned to the state
from a Utah depository institution.
(2) (a) A bail bond [
surety company
] 
agency
 that pledges personal or real property, or
both, as security for a bail bond in connection with a judicial proceeding shall maintain:
(i) (A) a 
Ŝ→ [
current
] ←Ŝ
 financial statement 
Ŝ→ 
for the current year
 ←Ŝ
 :
(I) reviewed by a certified public accountant; and
(II) showing a net worth of at least $300,000, at least $100,000 of which is in liquid
assets; or
(B) notwithstanding Subsection (2)(a)(i), if the bail bond [
surety company
] 
agency
 is
licensed under this chapter as of December 31, 1999, a current financial statement:
(I) reviewed by a certified public accountant; and
(II) showing a net worth of at least $250,000, at least $50,000 of which is in liquid
assets;
(ii) a copy of the applicant's federal 
Ŝ→ 
and state
 ←Ŝ
 income tax 
Ŝ→ [
return
]
353a 
returns
 ←Ŝ
 for the preceding two years
, but
only for an original application
; and
(iii) for each parcel of real property owned by the applicant and included in net worth
calculations:
(A) a title letter 
or report, or a current abstract of title from the office of the county
recorder
; and
(B) [
an
] 
(I) a certified
 appraisal [
dated not more than two years prior to the date of
application.
] 
made
Ŝ→ [
fewer
] 
not more
 ←Ŝ
than six months prior to licensure for each parcel and
360a 
a title report
that is current as of the date of licensure, if the bail bond agency is in its first year of licensure
and has pledged real property owned by the applicant; or
(II) a certified appraisal report or a current tax notice and
Ŝ→ 
a
 ←Ŝ
title letter or report, or a
current abstract of title from the county recorder if the bail bond agency is in its second or
subsequent year of licensure and has pledged real property owned by the applicant.
(b) For purposes of this Subsection (2), only real or personal property located in Utah
may be included in the net worth of the bail bond [
surety company
] 
agency
.
(3) A bail bond [
surety company
] 
agency
 shall maintain a qualifying power of attorney
issued by a surety insurer 
if
:
(a) [
if
] the bail bond [
surety company
] 
agency
 is the agent of the surety insurer; and
(b) the surety insurer:
(i) [
issues
] 
sells
 bail bonds;
(ii) is in good standing in its state of domicile; and
(iii) is granted a certificate to write bail bonds in Utah.
(4) The commissioner may revoke the license of a bail bond [
surety company
] 
agency
that fails to maintain the minimum financial requirements required under this section.
(5) The commissioner may set by rule the limits on the aggregate amounts of bail
bonds issued by a bail bond [
surety company
] 
agency
.
Section 11. Section 
31A-35-405
 is amended to read:
31A-35-405.
Issuance of license -- Denial -- Right of appeal.
(1) Upon a determination by the board that a person applying for a bail bond [
surety
company
] 
agency
 license meets the requirements for issuance of a license under this chapter,
the commissioner shall issue to that person a bail bond [
surety company
] 
agency
 license.
(2) (a) If the commissioner denies an application for a bail bond [
surety company
]
agency
 license under this chapter, the commissioner shall provide prompt written notification
to the person applying for licensure:
(i) stating the grounds for denial; and
(ii) notifying the person applying for licensure as a bail bond [
surety company
] 
agency
that:
(A) the person is entitled to a hearing if that person wants to contest the denial; and
(B) if the person wants a hearing, the person shall submit the request in writing to the
commissioner within 15 days after the issuance of the denial.
(b) The department shall schedule a hearing described in Subsection (2)(a) no later
than 60 days after the commissioner's receipt of the request.
(c) The department shall hear the appeal, and may:
(i) return the case to the commissioner for reconsideration;
(ii) modify the commissioner's decision; or
(iii) reverse the commissioner's decision.
(3) A decision under this section is subject to review under Title 63G, Chapter 4,
Administrative Procedures Act.
Section 12. Section 
31A-35-406
 is amended to read:
31A-35-406.
Renewal and reinstatement.
(1) (a) A license under this chapter expires 
Ŝ→ [
[
]
 annually 
 [
]
] ←Ŝ
 on August 14. To
403a renew its
license under this chapter, on or before July 15 a bail bond 
Ŝ→ [
surety company
] 
agency
 ←Ŝ
 shall:
(i) complete and submit a renewal application to the department; [
and
]
(ii) require that a principal of the agency attends at least one board meeting each year;
and
[
(ii)
] 
(iii)
 pay the department the applicable renewal fee established in accordance with
Section 
31A-3-103
.
(b) A bail bond [
surety company
] 
agency
 shall renew its license under this chapter
annually as established by department rule, regardless of when the license is issued.
(2) A bail bond [
surety company
] 
agency
 may apply for reinstatement of an expired
bail bond [
surety company
] 
agency
 license within one year following the expiration of the
license under Subsection (1) by:
(a) submitting the renewal application required by Subsection (1); and
(b) paying a license reinstatement fee established in accordance with Section
31A-3-103
.
(3) If a bail bond [
surety company
] 
agency
 license has been expired for more than one
year, the person applying for reinstatement of the bail bond [
surety
] 
agency
 license shall:
(a) submit a new application form to the commissioner; and
(b) pay the application fee established in accordance with Section 
31A-3-103
.
(4) If a bail bond [
surety company
] 
agency
 license is suspended, the applicant may not
submit an application for a bail bond [
surety company
] 
agency
 license until after the end of the
period of suspension.
(5) A fee collected under this section shall be deposited in the restricted account
created in Section 
31A-35-407
.
Section 13. Section 
31A-35-407
 is amended to read:
31A-35-407.
Restricted account.
(1) There is created within the General Fund a restricted account known as the "Bail
Bond [
Surety
] Administration Account."
(2) (a) The account shall be funded from the fees imposed under this chapter.
(b) The department shall deposit all fees collected under this part [
in
] 
into
 the account.
(c) The funds in the account shall be used by the department to administer this chapter.
(d) The account shall earn interest, which shall be deposited [
in
] 
into
 the account.
(3) The department shall
Ŝ→ 
,
 ←Ŝ
at the end of each quarter
Ŝ→ 
,
 ←Ŝ
provide to the
435a 
board an itemized
accounting that includes the balances at the beginning and the end of the quarter. The
department shall provide the report no later than the 30th day of the month subsequent to the
last month of the required quarterly report.
Section 14. Section 
31A-35-501
 is amended to read:
31A-35-501.
Emergency action regarding a license.
(1) If the commissioner determines, based on an investigation, that the public health,
safety, or welfare requires emergency action, the commissioner may order a summary
suspension of a bail bond [
surety company
] 
agency
 license pending proceedings for revocation
or other action.
(2) The order described in Subsection (1) shall:
(a) state the grounds upon which the summary suspension is issued, including the
charges made against the licensee; and
(b) advise the licensee of the right to an administrative hearing before the commissioner
within 60 days after the summary suspension is ordered.
Section 15. Section 
31A-35-502
 is amended to read:
31A-35-502.
Notification of violation of chapter.
If the commissioner has reason to believe a person licensed as a bail bond [
surety
company
] 
agency, surety insurer,
 or [
a
] bail bond producer has violated this chapter, written
notice shall be sent to that person, advising the person of:
(1) the alleged violation;
(2) the commissioner's authority to take action against the person's license;
(3) the person's right to an administrative hearing under Title 63G, Chapter 4,
Administrative Procedures Act; and
(4) the period of time within which the hearing described in Subsection (3) shall be
requested if the person requests a hearing.
Section 16. Section 
31A-35-503
 is amended to read:
31A-35-503.
Disciplinary action -- Hearing -- Appeal.
(1) Based on information the commissioner receives during a hearing described in
Section 
31A-35-502
 regarding a person licensed as a bail bond [
surety company
] 
agency
 or bail
bond producer, the commissioner may:
(a) dismiss the complaint if the commissioner finds it is without merit;
(b) fix a period and terms of probation best adopted to educate the person;
(c) place the license on suspension for a period of not more than 12 months; [
or
]
(d) impose a forfeiture pursuant to Section 
31A-2-308
; or
[
(d)
] 
(e)
 revoke the license.
(2) The commissioner shall advise the person described in Subsection (1) in writing of:
(a) the commissioner's findings based on the hearing; and
(b) the person's rights of appeal under this chapter.
(3) (a) Unless the conditions of Subsection (3)(b) are met, if a bail bond [
surety
company
] 
agency
 license is suspended or revoked under this chapter, a member, employee,
officer, or director of that corporation may not:
(i) be licensed as a bail bond [
surety company
] 
agency
 or bail bond producer; or
(ii) be designated in any license to exercise authority under this chapter during the
period of the suspension or revocation.
(b) Subsection (3)(a) does not apply if the commissioner determines upon substantial
evidence that the member, employee, officer, or director:
(i) was not personally at fault; and
(ii) did not acquiesce in the matter on account of which the license was suspended or
revoked.
Section 17. Section 
31A-35-504
 is amended to read:
31A-35-504.
Failure to pay bail bond forfeiture -- Grounds for suspension and
revocation of bail bond agency license.
(1) As used in this section:
(a) [
"Company"
] 
"Agency"
 means a bail bond [
surety company
] 
agency
.
(b) "Judgment" means a judgment of 
bail
 bond forfeiture issued under Section
77-20b-104
.
(2) (a) (i) [
A company
] 
An agency
 shall pay a judgment not later than 15 days
following service of notice upon the [
company
] 
agency
 from a prosecutor of the entry of the
judgment.
(ii) [
A company
] 
An agency
 may pay a 
bail
 bond forfeiture to the court prior to
judgment.
(b) (i) A prosecutor who does not receive proof of or notice of payment of the
judgment within 15 days after the service of notice to the [
company
] 
agency
 of a judgment
shall notify the commissioner of the failure to pay the judgment.
(ii) The commissioner shall notify the [
company
] 
agency
, by the most expeditious
means available, of the nonpayment of the judgment.
(iii) The [
company
] 
agency
 shall satisfy the judgment within five business days after
receiving notice under Subsection (2)(b)(ii). If the judgment is not satisfied at the end of the
five days, the commissioner may suspend the [
company's
] 
agency's
 license under Subsection
(3).
(c) If notice of entry of judgment is served upon the [
company
] 
agency
 by mail, three
additional days are added to the 15 days provided in Subsections (2)(a), (2)(b), and (2)(d).
(d) A prosecutor may not proceed under Subsection (2)(b) if [
a company
] 
an agency
,
within 15 days after service of notice of the entry of judgment is served:
(i) files a motion to set aside the judgment or files an application for an extraordinary
writ; and
(ii) provides proof that the [
surety
] 
agency
 has posted the judgment amount with the
court in the form of cash, a cashier's check, or certified funds.
(e) As used in this section, the filing of the following tolls the time within which [
a
company
] 
an agency
 is required to pay a judgment if the motion or application is filed within
15 days after the day on which service of notice of the entry of a judgment is served:
(i) a motion to set aside a judgment; or
(ii) an application for extraordinary writ.
(3) The commissioner shall suspend the license of the [
company
] 
agency
 not later than
five days following the [
company's
] 
agency's
 failure to satisfy the judgment as required under
Subsection (2)(b).
(4) If the prosecutor receives proof of or notice of payment of the judgment during the
suspension period under Subsection (3), the prosecutor shall immediately notify the
commissioner of the payment. The notice shall be in writing and by the most expeditious
means possible, including facsimile or other electronic means.
(5) The commissioner shall lift a suspension under Subsection (3) within five days of
the day on which all of the following conditions are met:
(a) the suspension has been in place for no fewer than 14 days;
(b) the commissioner has received written notice of payment of the unpaid forfeiture
from the prosecutor; and
(c) the commissioner has received:
(i) no other notice of any unpaid forfeiture from a prosecutor; or
(ii) if a notice of unpaid forfeiture is received, written notice from the prosecutor that
the unpaid forfeiture has been paid.
(6) The commissioner shall commence an administrative proceeding and revoke the
license of [
a company
] 
an agency
 that fails to meet the conditions under Subsection (5) within
60 days following the initial date of suspension.
(7) This section does not restrict or otherwise affect the rights of a prosecutor to
commence collection proceedings under Subsection 
77-20b-104
(5).
Section 18. Section 
31A-35-601
 is amended to read:
31A-35-601.
Acts of producer or agent.
[
(1) As used in this section:
]
[
(a) "Bail recovery agent" means an individual employed by a bail enforcement agent
to assist the bail enforcement agent regarding civil or criminal defendants released on bail by:
]
[
(i) presenting a defendant for required court appearances;
]
[
(ii) apprehending or surrendering a defendant to a court; or
]
[
(iii) keeping the defendant under necessary surveillance.
]
[
(b) "Bail recovery apprentice" means an individual who:
]
[
(i) is employed by a bail enforcement agent; and
]
[
(ii) works under the direct supervision of that bail enforcement agent or under the
direct supervision of a bail recovery agent employed also by the bail enforcement agent, unless
the bail recovery apprentice is conducting activities at the direction of the employing bail
enforcement agent that do not require direct supervision.
]
[
(2)
] 
(1)
 The acts or conduct of any bail bond producer [
or bail enforcement agent, bail
recovery agent, or bail recovery apprentice
] who acts within the scope of the authority
delegated to [
him
] 
the producer
 by the bail bond [
surety,
] 
agency or surety insurer
 are
considered to be the acts or conduct of the bail bond 
agency or
 surety 
insurer
 for which the bail
bond producer [
or bail bond enforcement agent, bail recovery agent, or bail recovery
apprentice
] is acting as agent.
(2) The acts or conduct of any bail bond agency that acts within the scope of the
authority delegated to the bail bond agency by the surety insurer are considered to be the acts or
conduct of the surety insurer.
[
(3) The acts or conduct of any bail bond producer or bail enforcement agent, bail
recovery agent, or bail recovery apprentice who acts within the scope of the authority delegated
to him by the bail bond producer are considered to be the acts or conduct of the bail bond
producer for which the bail enforcement agent is acting as agent.
]
(3) (a) Bail bond agencies and surety insurers are not liable for the actions of bail
enforcement agents, bail recovery agents, or bail recovery apprentices.
(b) Bail enforcement agent, bail recovery agent, and bail recovery apprentice mean the
same as those terms are defined in Section 
53-11-102
.
Section 19. Section 
31A-35-602
 is amended to read:
31A-35-602.
Place of business -- Records to be kept at place of business.
(1) (a) A bail bond [
surety company
] 
agency
 shall have and maintain in this state a
place of business:
(i) accessible to the public; and
(ii) where the bail bond [
surety company
] 
agency
 principally conducts transactions
authorized by its bail bond [
surety company
] 
agency
 license.
(b) The address of the place of business described in Subsection (1)(a) shall appear
upon:
(i) the application for a bail bond [
surety company
] 
agency
 license; and
(ii) a bail bond [
surety company
] 
agency
 license issued under this chapter.
(c) In addition to complying with Subsection (1)(b), a bail bond [
surety company
]
agency
 shall register and maintain with the commissioner the following at which the
commissioner may contact the bail bond [
surety company
] 
agency
:
(i) a telephone number; and
(ii) a business email address.
(d) A bail bond [
surety company
] 
agency
 shall notify the commissioner within 20 days
of a change in the bail bond [
surety company's
] 
agency's
:
(i) place of business address;
(ii) telephone number; 
Ŝ→ [
or
] 
and
 ←Ŝ
(iii) business email address.
Ŝ→ [
(e) All forms required to be filed with the department pursuant to Section 
31A-35-607
by the bail bond agency shall contain the address, telephone number, and business email
address as changed under Subsection (1)(d) within 20 days of the change.
[
] 
 (e) 
 [
] 
(f)
] ←Ŝ
This section does not prohibit a bail bond [
surety company
] 
agency
 from
maintaining the place of business required under this section in the licensee's residence, if the
residence is in Utah.
(2) The bail bond [
surety company
] 
agency
 shall keep at the place of business
described in Subsection (1)(a) the records required under Section 
31A-35-604
.
Section 20. Section 
31A-35-603
 is amended to read:
31A-35-603.
Collateral security.
(1) A bail bond producer may accept collateral security in connection with a bail
transaction, if the collateral security is reasonable in relation to the face amount of the bail
bond.
(2) (a) The collateral security described in Subsection (1) shall be received by the bail
bond producer in the bail bond producer's fiduciary capacity.
(b) Before any judgment of forfeiture of bail, the bail bond producer shall keep the
collateral separate and apart from any other funds or assets of the licensee.
(c) All cash collateral shall be recorded and deposited into the bail bond agency's trust
account within three business days after receipt of the cash.
(d) All personal property and merchandise collateral shall be recorded in the bail bond
agency's merchandise log within three business days after receipt of the merchandise.
(3) (a) Any collateral that is deposited with a bail bond producer or bail bond [
surety
]
agency
 shall be returned to the person who deposited it within 10 days after the return is
requested by the person who deposited it if:
(i) the bail bond has been exonerated; and
(ii) all fees owed to the bail bond producer or bail bond [
surety
] 
agency
 have been paid.
(b) A certified copy of the minute order from the court stating the bail or undertaking
was ordered exonerated is prima facie evidence of exoneration or termination of liability.
(4) (a) If a bail bond producer accepts collateral, the bail bond producer shall give a
written receipt for the collateral.
(b) The receipt required by Subsection (4)(a) shall include a fully detailed account of
the collateral received.
(5) Upon return of collateral to the person who posted it, if any amount has been
deducted by the bail bond [
surety
] 
agency
 or bail bond producer as expense, the bail bond
[
surety
] 
agency
 or bail bond producer shall:
(a) include with the returned collateral an itemized statement of all expenses deducted
from the collateral; and
(b) maintain a copy of the statement required by Subsection (5)(a) in the records of the
bail bond [
surety
] 
agency
 or bail bond producer.
(6) If the bail bond secured by the collateral is forfeited and the bail bond producer or
bail bond [
surety
] 
agency
 retains possession of the collateral in payment of the forfeiture or
otherwise disposes of the collateral, the person retaining possession or disposing of the
property shall maintain a written record of the collateral, including any disposition.
(7) (a) If a document that conveys title to real property is used as collateral in a bail
bond transaction, the document shall state on its face that it is executed as part of a security
transaction.
(b) If the document described in Subsection (7)(a) is recorded, the bail bond producer
or the bail bond [
surety
] 
agency
 shall:
(i) execute a reconveyance of the property, executed so that the reconveyance can be
recorded; and
(ii) promptly deliver the reconveyance document to:
(A) the person executing the original conveyance; or
(B) the heirs, legal representative, or successor in interest of the person described in
Subsection (7)(b)(ii)(A).
(8) The bail bond agency shall maintain an itemized list of all merchandise collateral,
which shall include:
(a) the date of the bail bond;
(b) the full name of the defendant;
(c) the full name of each cosigner;
(d) a detailed description of the collateral;
(e) the amount of bail;
(f) the approximate value of the merchandise; and
(g) the final disposition of the merchandise.
Section 21. Section 
31A-35-604
 is amended to read:
31A-35-604.
Records.
(1) A bail bond producer shall maintain at the bail bond producer's place of business:
(a) records of all bail bonds the bail bond producer executes or countersigns, so the
public may obtain all necessary information concerning those bail bonds for [
at least one
] 
not
less than the current calendar
 year 
plus the three prior years
 after the liability of the bail bond
agency or
 surety 
insurer
 has been terminated; and
(b) any additional information the commissioner may reasonably require by rule.
(2) Records required to be maintained under Subsection (1) shall be available for
examination by the commissioner or the commissioner's representatives during regular
business hours.
(3) The bail bond [
surety company
] 
agency
 shall maintain for 
not less than the current
calendar year and the
 three years after receipt all records of any bail bond executed or
countersigned by a bail bond producer appointed by the bail bond [
surety company
] 
agency
.
Section 22. Section 
31A-35-605
 is amended to read:
31A-35-605.
Guarantors -- Agreement and enforcement.
(1) All agreements of persons to act as guarantor for a bail bond shall be in writing or
reduced to writing as soon as possible after completion.
(2) When a person executes an agreement to act as a guarantor, the bail bond [
surety
company
] 
agency
 or the bail bond producer shall deliver to that person a copy of the agreement
promptly upon that person's execution of the agreement.
(3) A bail bond producer may not enforce any guarantor agreement without disclosing
to the guarantor all collateral held by the bail bond producer indemnifying the 
bail
 bond to
which the agreement relates, and the identity of each other guarantor.
Section 23. Section 
31A-35-606
 is amended to read:
31A-35-606.
Bail agreement prior to commission of offense prohibited.
A bail bond [
surety
] 
agency
 or bail bond producer may not enter into an agreement or
arrangement with any person, guaranteeing or assuring in advance of the commission of any
offense that bail will be furnished to that person or any other party if arrested.
Section 24. Section 
31A-35-607
 is amended to read:
31A-35-607.
Filing of forms -- Commissioner maintains files.
(1) (a) In accordance with Section 
31A-21-201
, [
only
] a bail bond [
surety company
]
agency
 that meets the financial capacity requirements through the use of a letter of credit,
personal property, [
or
] real property, or a surety insurer shall file with the commissioner a copy
of each form the bail bond [
surety company
] 
agency
 or surety insurer uses in the bail bond
[
surety
] 
insurance
 business.
(b) A surety insurer filing shall comply with the following:
(i) a form shall be identified by a unique form number;
(ii) 
Ŝ→ 
a form shall include the address, telephone number, and business email address
693a 
of the bail bond agency and the surety insurer;
693b 
 (iii)
 ←Ŝ
 the surety insurer shall file a form on behalf of each bail bond [
surety company
]
agency
 appointed to write on behalf of the surety insurer;
Ŝ→ [
(iii)
] 
(iv)
 ←Ŝ
 once a filing is filed with the commissioner, it is the responsibility of the
695a surety
insurer to verify that the bail bond [
surety company
] 
agency
 and its producers are using the
correct form;
Ŝ→ [
(iv)
] 
(v)
 ←Ŝ
 a bail bond [
surety company
] 
agency
 and its 
Ŝ→ 
bail bond
 ←Ŝ
 producers
698a are prohibited from using a
form that has not been filed by the surety insurer; and
Ŝ→ [
(v)
] 
(vi)
 ←Ŝ
 a bail bond [
surety company
] 
agency
 and its 
Ŝ→ 
bail bond
 ←Ŝ
 producers
700a are prohibited from making
changes to a form that is filed by the surety insurer.
(c) A bail bond [
surety company
] 
agency
 filing, for a bail bond [
surety company
]
agency
 that meets the financial capacity requirements through the use of a letter of credit,
personal property, or real estate, shall comply with the following:
(i) a form shall be identified by a unique form number;
(ii) 
Ŝ→ 
a form shall include the address, telephone number, and business email address
706a 
of the bail bond agency;
706b 
 (iii)
 ←Ŝ
 once a filing is filed with the commissioner, it is the responsibility of the bail bond
[
surety company
] 
agency
 to verify that its 
bail bond
 producers are using the correct form;
Ŝ→ [
(iii)
] 
(iv)
 ←Ŝ
 a bail bond producer is prohibited from using a form that has not been
708a filed by the
bail bond [
surety company
] 
agency
; and
Ŝ→ [
(iv)
] 
(v)
 ←Ŝ
 a bail bond producer is prohibited from making changes to a form that is
710a filed by
the bail bond [
surety company
] 
agency
.
(2) A form described in Subsection (1) shall be filed 30 days before the form:
(a) is first used by the bail bond [
surety company
] 
agency
 or surety insurer; and
(b) is changed after it is filed under Subsection (2)(a).
(3) (a) The commissioner shall maintain and make available for public inspection a file
regarding each bail bond [
surety company
] 
agency
 and each surety insurer.
(b) A bail bond [
surety company
] 
agency
 and surety insurer shall maintain a form
required to be filed under this section in the office of the bail bond [
surety company
] 
agency
 or
surety insurer.
Section 25. Section 
31A-35-608
 is amended to read:
31A-35-608.
Premiums and authorized charges.
(1) A bail bond [
surety
] 
agency
 or bail bond producer may not, in any bail transaction
or in connection with that transaction, directly or indirectly, charge or collect money or other
valuable consideration from any person except to:
(a) pay the premium on the bail at the rates established by the bail bond 
agency or
surety 
insurer
;
(b) provide collateral;
(c) reimburse [
himself
] 
the
Ŝ→ 
bail bond
 ←Ŝ
agency or
Ŝ→ 
bail bond
 ←Ŝ
producer
 for
728a actual expenses, as described in
Subsection (2), incurred in connection with the bail bond transaction; or
(d) [
to
] reimburse [
himself
] 
the
Ŝ→ 
bail bond
 ←Ŝ
agency or
Ŝ→ 
bail bond
 ←Ŝ
producer
,
730a or to establish a right of action
against the principal or any indemnitor, for actual expenses the bail bond [
surety
] 
agency
 or
bail bond producer incurred:
(i) in good faith; and
(ii) which were by reason of breach by the defendant of any of the terms of the written
agreement under which the undertaking of bail or bail bond was written.
(2) (a) A bail bond [
surety
] 
agency or surety insurer
 may bring an action in a court of
law to enforce its equitable rights against the principal and the principal's indemnitors in
exoneration if:
(i) a bail bond producer did not establish a written agreement; or
(ii) there is only an incomplete writing.
(b) Reimbursement claimed under this Subsection (2) may not exceed the sum of:
(i) the principal sum of the bail bond or undertaking; and
(ii) any reasonable expenses that:
(A) are verified by receipt;
(B) in total do not amount to more than the principal sum of the bail bond or
undertaking; and
(C) are incurred in good faith by the bail bond [
surety
] 
agency
, its 
bail bond
 producers,
and 
the
Ŝ→ 
bail bond
 ←Ŝ
agency's
 employees by reason of the principal's breach.
(3) This section does not affect or impede the right of a bail bond producer to execute
undertaking of bail on behalf of a nonresident producer of the bail bond 
agency or
 surety
insurer
 the bail bond producer represents.
(4) A bail bond agency or surety insurer shall maintain complete records of all current
and closed accounts receivable regarding financed premiums for the current calendar year and
the three prior years.
(5) If the bail amount on the original charge is increased by the court, the bail premium
paid on the original bond may be applied to the bail premium due on the increased bail amount
for that charge.
Section 26. Section 
31A-35-701
 is amended to read:
31A-35-701.
Prohibited acts.
(1) A bail bond producer or bail bond [
surety
] 
agency
 may not:
(a) solicit business in or about:
(i) any place where persons in the custody of the state or any local law enforcement or
correctional agency are confined; or
(ii) any court;
(b) pay a fee or rebate or give or promise anything of value to any person in order to
secure a settlement, compromise, remission, or reduction of the amount of any undertaking or
bail bond;
(c) pay a fee or rebate or give anything of value to an attorney in regard to any bail
bond matter, except payment for legal services actually rendered for the bail bond producer or
bail bond [
surety
] 
agency
;
(d) pay a fee or rebate or give or promise anything of value to the principal or anyone
in the principal's behalf; or
(e) engage in any other act prohibited by the commissioner by rule.
(2) The following persons may not act as bail bond producers and may not, directly or
indirectly, receive any benefits from the execution of any bail bond:
(a) a person employed at any jail, correctional facility, or other facility used for the
incarceration of persons;
(b) a peace officer;
(c) a judge; and
(d) [
a trusty or prisoner
] 
an inmate
 incarcerated in any jail, correctional facility, or
other facility used for the incarceration of persons.
(3) A bail bond producer may not:
(a) sign or countersign in blank any bail bond; [
or
]
(b) give the power of attorney to, or otherwise authorize anyone to, countersign in the
bail bond producer's name to a bail bond[
.
]
; or
(c) submit a bail bond to a jail or court in Utah without having completed a written
agreement that:
(i) states the terms of the bail agreement, contract, or undertaking;
(ii) is signed by the bail bond producer; and
(iii) is filed with the department.
(4) A bail bond producer may not advertise or hold himself 
or herself
 out to be a bail
bond 
agency or
 surety 
insurer
.
(5) The following persons or members of their immediate families may not solicit
business on behalf of a bail bond [
surety
] 
agency
 or bail bond producer:
(a) a person employed at any jail, correctional facility, or other facility used for the
incarceration of persons;
(b) a peace officer;
(c) a judge; [
and
] 
or
(d) [
a trusty or prisoner
] 
an inmate
 incarcerated in any jail, correctional facility, or
other facility used for the incarceration of persons.
Section 27. Section 
31A-35-702
 is amended to read:
31A-35-702.
Early surrender without cause.
(1) The bail or bail bond premium shall be returned in full if a bail bond producer
without good cause surrenders a defendant to custody before:
(a) the time specified in the undertaking of bail or the bail bond for the appearance of
the defendant; or
(b) any other occasion where the presence of the defendant in court is lawfully
required.
(2) As used in this section, "good cause" includes:
(a) the defendant providing materially false information on the application for bail or a
bail bond;
(b) the court's increasing the amount of bail beyond sound underwriting criteria
employed by:
(i) the bail bond producer; or
(ii) the bail bond [
surety
] 
agency
;
(c) a material and detrimental change in the collateral posted by:
(i) the defendant; or
(ii) a person acting on the defendant's behalf;
(d) the defendant changing the defendant's address or telephone number without giving
reasonable notice to:
(i) the bail bond producer; or
(ii) the bail bond [
surety
] 
agency
;
(e) the defendant commits another crime, other than a minor traffic violation, as
defined by department rule, while on bail;
(f) failure by the defendant to appear in court at the appointed time; or
(g) a finding of guilt against the defendant by a court of competent jurisdiction.
Section 28. Section 
31A-35-703
 is amended to read:
31A-35-703.
Disciplinary action.
(1) A person found to be in violation of the statutes or rules governing the conduct of
bail bond producers and bail bond [
sureties
] 
agencies
 under this chapter is subject to:
(a) disciplinary action by the commissioner against that person's:
(i) license, if the person is a bail bond [
surety company
] 
agency
 or bail bond producer;
or
(ii) certificate, if the person is a surety insurer; and
(b) imposition of civil penalties, as authorized under Title 31A, Chapter 2,
Administration of the Insurance Laws.
(2) Penalties collected under this section shall be deposited in the restricted account
created in Section 
31A-35-407
.
Section 29. Section 
31A-35-704
 is amended to read:
31A-35-704.
Submission of bail bond agencies and producers to jurisdiction of
court.
By applying for and receiving a license or certificate to engage in the bail bond [
surety
]
insurance business in accordance with this chapter, a bail bond 
Ŝ→ [
surety
] 
agency
 ←Ŝ
 or bail
843a bond producer:
(1) submits to the jurisdiction of the court;
(2) irrevocably appoints the clerk of the court as agent upon whom any papers affecting
the bail bond [
surety's
] 
agency's
 or bail bond producer's liability on the undertaking may be
served; and
(3) acknowledges that liability may be enforced on motion and upon notice as the court
may require, without the necessity of an independent action.
Section 30. Section 
77-18a-1
 is amended to read:
77-18a-1.
Appeals -- When proper.
(1) A defendant may, as a matter of right, appeal from:
(a) a final judgment of conviction, whether by verdict or plea;
(b) an order made after judgment that affects the substantial rights of the defendant;
(c) an order adjudicating the defendant's competency to proceed further in a pending
prosecution; or
(d) an order denying bail, as provided in Subsection 
77-20-1
[
(7)
]
(8)
.
(2) In addition to any appeal permitted by Subsection (1), a defendant may seek
discretionary appellate review of any interlocutory order.
(3) The prosecution may, as a matter of right, appeal from:
(a) a final judgment of dismissal, including a dismissal of a felony information
following a refusal to bind the defendant over for trial;
(b) a pretrial order dismissing a charge on the ground that the court's suppression of
evidence has substantially impaired the prosecution's case;
(c) an order granting a motion to withdraw a plea of guilty or no contest;
(d) an order arresting judgment or granting a motion for merger;
(e) an order terminating the prosecution because of a finding of double jeopardy or
denial of a speedy trial;
(f) an order granting a new trial;
(g) an order holding a statute or any part of it invalid;
(h) an order adjudicating the defendant's competency to proceed further in a pending
prosecution;
(i) an order finding, pursuant to Title 77, Chapter 19, Part 2, Competency for
Execution, that an inmate sentenced to death is incompetent to be executed;
(j) an order reducing the degree of offense pursuant to Section 
76-3-402
; or
(k) an illegal sentence.
(4) In addition to any appeal permitted by Subsection (3), the prosecution may seek
discretionary appellate review of any interlocutory order entered before jeopardy attaches.
Section 31. Section 
77-20-1
 is amended to read:
77-20-1.
Right to bail -- Denial of bail -- Hearing.
(1) As used in this chapter:
(a) "Bail bond agency" means the same as that term is defined in Section 
31A-35-102
.
(b) "Surety" and "sureties" mean a surety insurer or a bail bond agency.
(c) "Surety insurer" means the same as that term is defined in Section 
31A-35-102
.
[
(1)
] 
(2)
 A person charged with or arrested for a criminal offense shall be admitted to
bail as a matter of right, except if the person is charged with a:
(a) capital felony, when the court finds there is substantial evidence to support the
charge;
(b) felony committed while on probation or parole, or while free on bail awaiting trial
on a previous felony charge, when the court finds there is substantial evidence to support the
current felony charge;
(c) felony when there is substantial evidence to support the charge and the court finds
by clear and convincing evidence that the person would constitute a substantial danger to any
other person or to the community, or is likely to flee the jurisdiction of the court, if released on
bail; or
(d) felony when the court finds there is substantial evidence to support the charge and
it finds by clear and convincing evidence that the person violated a material condition of
release while previously on bail.
[
(2)
] 
(3)
 Any person who may be admitted to bail may be released either on the
person's own recognizance or upon posting bail, on condition that the person appear in court
for future court proceedings in the case, and on any other conditions imposed in the discretion
of the magistrate or court that will reasonably:
(a) ensure the appearance of the accused;
(b) ensure the integrity of the court process;
(c) prevent direct or indirect contact with witnesses or victims by the accused, if
appropriate; and
(d) ensure the safety of the public.
[
(3)
] 
(4)
 (a) Except as otherwise provided, the initial order denying or fixing the
amount of bail shall be issued by the magistrate or court issuing the warrant of arrest.
(b) A magistrate may set bail upon determining that there was probable cause for a
warrantless arrest.
(c) A bail commissioner may set bail in a misdemeanor case in accordance with
Sections 
10-3-920
 and 
17-32-1
.
(d) A person arrested for a violation of a jail release agreement or jail release order
issued pursuant to Section 
77-36-2.5
:
(i) may not be released before the accused's first judicial appearance; and
(ii) may be denied bail by the court under Subsection 
77-36-2.5
(8) or (12).
[
(4)
] 
(5)
 The magistrate or court may rely upon information contained in:
(a) the indictment or information;
(b) any sworn probable cause statement;
(c) information provided by any pretrial services agency; or
(d) any other reliable record or source.
[
(5)
] 
(6)
 (a) A motion to modify the initial order may be made by a party at any time
upon notice to the opposing party sufficient to permit the opposing party to prepare for hearing
and to permit any victim to be notified and be present.
(b) Hearing on a motion to modify may be held in conjunction with a preliminary
hearing or any other pretrial hearing.
(c) The magistrate or court may rely on information as provided in Subsection [
(4)
] 
(5)
and may base its ruling on evidence provided at the hearing so long as each party is provided
an opportunity to present additional evidence or information relevant to bail.
[
(6)
] 
(7)
 Subsequent motions to modify bail orders may be made only upon a showing
that there has been a material change in circumstances.
[
(7)
] 
(8)
 An appeal may be taken from an order of any court denying bail to the
Supreme Court, which shall review the determination under Subsection [
(1)
] 
(2)
.
[
(8)
] 
(9)
 For purposes of this section, any arrest or charge for a violation of Section
76-5-202
, Aggravated murder, is a capital felony unless:
(a) the prosecutor files a notice of intent to not seek the death penalty; or
(b) the time for filing a notice to seek the death penalty has expired and the prosecutor
has not filed a notice to seek the death penalty.
Section 32. Section 
77-20-3
 is amended to read:
77-20-3.
Release on own recognizance -- Changing amount of bail or conditions
of release.
(1) Any person who may be admitted to bail may likewise be released on [
his
] 
the
person's
 own recognizance in the discretion of the magistrate or court.
(2) After releasing the defendant on [
his
] 
the defendant's
 own recognizance or
admitting the defendant to bail, the magistrate or court may:
(a) impose bail or increase or decrease the amount of the bail; and
(b) impose or change the conditions of release under Subsection 
77-20-1
[
(2)
]
(3)
.
Section 33. Section 
77-20-4
 is amended to read:
77-20-4.
Bail to be posted in cash, by credit or debit card, or by written
undertaking.
(1) Bail may be posted:
(a) in cash;
(b) by written undertaking with or without 
Ĥ→ [
[
] sureties [
]
]
 [
a bail bond
] ←Ĥ
954a at the discretion of the
magistrate; or
(c) by credit or debit card, at the discretion of the judge or bail commissioner.
(2) Bail may not be accepted without receiving in writing at the time the bail is posted
the current mailing address [
and
]
,
 telephone number
, and email address
 of the 
Ĥ→ [
[
] surety [
]
] 
[
individual posting bail
] ←Ĥ
.
(3) Bail posted by debit or credit card, less the fee charged by the financial institution,
shall be tendered to the courts.
(4) Bail refunded by the court may be refunded by credit to the debit or credit card, or
cash. The amount refunded shall be the full amount received by the court under Subsection
(3), which may be less than the full amount of the bail set by the court.
(5) Before refunding bail that is posted by the defendant in cash, by credit card, or by
debit card, the court may apply the amount posted toward accounts receivable, as defined in
Section 
76-3-201.1
, that are owed by the defendant in the priority set forth in Section
77-38a-404
.
Section 34. Section 
77-20-7
 is amended to read:
77-20-7.
Duration of liability on undertaking -- Notices to sureties -- Exoneration
if charges not filed.
(1) (a) Except as provided in Subsection (1)(b), the principal and the sureties on the
written undertaking are liable on the undertaking during all proceedings and for all court
appearances required of the defendant up to and including the surrender of the defendant for
sentencing, irrespective of any contrary provision in the undertaking. Any failure of the
defendant to appear when required is a breach of the conditions of the undertaking or bail and
subjects it to forfeiture, regardless of whether or not notice of appearance was given to the
sureties. Upon sentencing the 
bail
 bond shall be exonerated without motion.
(b) If the sentence includes a commitment to a jail or prison, the 
bail
 bond shall be
exonerated when the defendant appears at the appropriate jail or prison, unless the judge
[
doesn't
] 
does not
 require the defendant to begin the commitment within seven days, in which
case the 
bail
 bond is exonerated upon sentencing.
(c) For purposes of this section, an order of the court accepting a plea in abeyance
agreement and holding that plea in abeyance pursuant to Title 77, Chapter 2a, Pleas in
Abeyance, is considered to be the same as a sentencing upon a guilty plea.
(d) Any suspended or deferred sentencing is not the responsibility of the surety and the
Ŝ→ 
bail
 ←Ŝ
 bond is exonerated without any motion, upon acceptance of the court and the defendant
987a of a
plea in abeyance, probation, fine payments, post sentencing reviews, or any other deferred
sentencing reviews or any other deferred sentencing agreement.
(e) If a surety issues a 
bail
 bond after the sentencing, the surety is liable on the
undertaking during all proceedings and for all court appearances required of the defendant up
to and including the defendant's appearance to commence serving the sentence imposed under
Subsection (1).
(2) If no information or indictment charging a person with an offense is filed in court
within 120 days after the date of the bail undertaking or cash receipt, the court may relieve a
person from conditions of release at the person's request, and the 
bail
 bond or undertaking is
exonerated without further order of the court unless the prosecutor requests an extension of
time before the end of the 120-day period by:
(a) filing a notice for extension with the court; and
(b) serving the notice for extension upon the sureties and the person or his attorney.
(3) A court may extend bail and conditions of release for good cause.
(4) Subsection (2) does not prohibit the filing of charges against a person at any time.
(5) If the court does not set on a calendar any hearings on a case within 18 months of
the last court docket activity on a case, the undertaking of bail is exonerated without motion.
Section 35. Section 
77-20-8.5
 is amended to read:
77-20-8.5.
Sureties -- Surrender of defendant -- Arrest of defendant.
(1) (a) Sureties may at any time prior to a defendant's failure to appear surrender the
defendant and obtain exoneration of bail, by notifying the clerk of the court in which the bail
was posted of the defendant's surrender and requesting exoneration. Notification shall be made
immediately following the surrender by surface mail, electronic mail, or fax.
(b) To effect surrender, a certified copy of the surety's undertaking from the court in
which it was posted or a copy of the bail agreement with the defendant shall be delivered to the
on-duty jailer, who shall detain the defendant in the on-duty jailer's custody as upon a
commitment, and shall in writing acknowledge the surrender upon the copy of the undertaking
or bail agreement. The certified copy of the undertaking or copy of the bail agreement upon
which the acknowledgment of surrender is endorsed shall be filed with the court. The court
may then, upon proper application, order the undertaking exonerated and may order a refund of
any paid premium, or part of a premium, as it finds just.
(2) For the purpose of surrendering the defendant, the sureties may:
(a) arrest the defendant:
(i) at any time before the defendant is finally exonerated; and
(ii) at any place within the state; and
(b) surrender the defendant to any county jail booking facility in Utah.
(3) An arrest under this section is not a basis for exoneration of the 
bail
 bond under
Section 
77-20b-101
.
(4) A surety acting under this section is subject to Title 53, Chapter 11, Bail Bond
Recovery Act.
Section 36. Section 
77-20-9
 is amended to read:
77-20-9.
Disposition of forfeitures.
If by reason of the neglect of the defendant to appear, money deposited instead of bail
or money paid by sureties on [
surety
] 
bail
 bond is forfeited and the forfeiture is not discharged
or remitted, the clerk with whom it is deposited or paid shall, immediately after final
adjournment of the court, pay over the money forfeited as follows:
(1) the forfeited bail cases in or appealed from district courts shall be distributed as
provided in Section 
78A-5-110
;
(2) the forfeited bail in cases in precinct justice courts or in municipal justice courts
shall be distributed as provided in Sections 
78A-7-120
 and 
78A-7-121
;
(3) the forfeited bail in cases in justice courts where the offense is not triable in that
court shall be paid into the General Fund; and
(4) the forfeited bail in cases not provided for in this section shall be paid 50% to the
state treasurer and the remaining 50% to the county treasurer in the county in which the
violation occurred or the forfeited bail is collected.
Section 37. Section 
77-20-10
 is amended to read:
77-20-10.
Grounds for detaining defendant while appealing the defendant's
conviction -- Conditions for release while on appeal.
(1) The court shall order that a defendant who has been found guilty of an offense in a
court of record and sentenced to a term of imprisonment in jail or prison, and who has filed an
appeal or a petition for a writ of certiorari, be detained, unless the court finds:
(a) the appeal raises a substantial question of law or fact likely to result in:
(i) reversal;
(ii) an order for a new trial; or
(iii) a sentence that does not include a term of imprisonment in jail or prison;
(b) the appeal is not for the purpose of delay; and
(c) by clear and convincing evidence presented by the defendant that the defendant is
not likely to flee the jurisdiction of the court, and will not pose a danger to the physical,
psychological, or financial and economic safety or well-being of any other person or the
community if released.
(2) If the court makes a finding under Subsection (1) that justifies not detaining the
defendant, the court shall order the release of the defendant, subject to conditions that result in
the least restrictive condition or combination of conditions that the court determines will
reasonably assure the appearance of the person as required and the safety of any other person
and the community. The conditions may include that the defendant:
(a) post appropriate bail;
(b) execute a bail bond with a [
bail bond
] surety under Title 31A, Chapter 35, Bail
Bond Act, in an amount necessary to assure the appearance of the defendant as required;
(c) (i) execute a written agreement to forfeit, upon failing to appear as required,
designated property, including money, as is reasonably necessary to assure the appearance of
the defendant; and
(ii) post with the court indicia of ownership of the property or a percentage of the
money as the court may specify;
(d) not commit a federal, state, or local crime during the period of release;
(e) remain in the custody of a designated person who agrees to assume supervision of
the defendant and who agrees to report any violation of a release condition to the court, if the
designated person is reasonably able to assure the court that the defendant will appear as
required and will not pose a danger to the safety of any other person or the community;
(f) maintain employment, or if unemployed, actively seek employment;
(g) maintain or commence an educational program;
(h) abide by specified restrictions on personal associations, place of abode, or travel;
(i) avoid all contact with the victims of the offense and with any witnesses who
testified against the defendant or potential witnesses who may testify concerning the offense if
the appeal results in a reversal or an order for a new trial;
(j) report on a regular basis to a designated law enforcement agency, pretrial services
agency, or other designated agency;
(k) comply with a specified curfew;
(l) not possess a firearm, destructive device, or other dangerous weapon;
(m) not use alcohol, or any narcotic drug or other controlled substances except as
prescribed by a licensed medical practitioner;
(n) undergo available medical, psychological, or psychiatric treatment, including
treatment for drug or alcohol dependency, and remain under the supervision of or in a specified
institution if required for that purpose;
(o) return to custody for specified hours following release for employment, schooling,
or other limited purposes;
(p) satisfy any other condition that is reasonably necessary to assure the appearance of
the defendant as required and to assure the safety of any other person and the community; and
(q) if convicted of committing a sexual offense or an assault or other offense involving
violence against a child 17 years of age or younger, is limited or denied access to any location
or occupation where children are, including but not limited to:
(i) any residence where children are on the premises;
(ii) activities, including organized activities, in which children are involved; and
(iii) locations where children congregate, or where a reasonable person should know
that children congregate.
(3) The court may, in its discretion, amend an order granting release to impose
additional or different conditions of release.
(4) If defendant has been found guilty of an offense in a court not of record and files a
timely notice of appeal pursuant to Subsection 
78A-7-118
(1) for a trial de novo, the court shall
stay all terms of a sentence, unless at the time of sentencing the judge finds by a preponderance
of the evidence that the defendant poses a danger to another person or the community.
(5) If a stay is ordered, the court may order post-conviction restrictions on the
defendant's conduct as appropriate, including:
(a) continuation of any pre-trial restrictions or orders;
(b) sentencing protective orders under Section 
77-36-5.1
;
(c) drug and alcohol use;
(d) use of an ignition interlock; and
(e) posting appropriate bail.
(6) The provisions of Subsections (4) and (5) do not apply to convictions for an offense
under Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving.
(7) Any stay authorized by Subsection (4) is lifted upon the dismissal of the appeal by
the district court.
Section 38. Section 
77-20b-100
 is enacted to read:
 77-20b-100.
Definitions.
As used in this chapter:
(1) "Bail bond agency" means the same as that term is defined in Section 
31A-35-102
.
(2) "Surety" and "sureties" mean a surety insurer or a bail bond agency.
(3) "Surety insurer" means the same as that term is defined in Section 
31A-35-102
.
Section 39. Section 
77-20b-101
 is amended to read:
77-20b-101.
Entry of nonappearance -- Notice to surety -- Release of surety on
failure of timely notice.
(1) If a defendant who has posted bail fails to appear before the appropriate court as
required, the court shall within 30 days of the failure to appear issue a bench warrant that
includes the original case number. The court shall also direct that the surety be given notice of
the nonappearance. The clerk of the court shall:
(a) mail notice of nonappearance by certified mail, return receipt requested, within 30
days to the address of the surety;
(b) notify the surety as listed on the 
bail
 bond of the name, address, and telephone
number of the prosecutor;
(c) deliver a copy of the notice sent under Subsection (1)(a) to the prosecutor's office at
the same time notice is sent under Subsection (1)(a); [
and
]
(d) ensure that the name, address, 
Ŝ→ 
business email address,
 ←Ŝ
 and telephone number
1138a of the surety or its agent as
listed on the 
bail
 bond is stated on the bench warrant[
.
]
; and
(e) mail notice of the failure to appear to the bail [
agent if the surety is different than
the producer's agent
] 
bond agency and the surety insurer
.
(2) The prosecutor may mail notice of nonappearance by certified mail, return receipt
requested, to the address of the surety as listed on the 
bail
 bond within 37 days after the date of
the defendant's failure to appear.
(3) If notice of nonappearance is not mailed to a surety as listed on the 
bail
 bond, other
than the defendant, in accordance with Subsection (1) or (2), the surety and its [
agent
] 
bail
bond producer
 are relieved of further obligation under the 
bail
 bond if the surety's current name
and address or the current name and address of the 
Ŝ→ [
surety's agent
] 
bail bond agency
 ←Ŝ
 are
1148a on the bail bond in the
court's file.
(4) (a) (i) If a defendant appears in court within seven days after a missed, scheduled
court appearance, the court may reinstate the 
bail
 bond without further notice to the [
bond
company
] 
surety
.
(ii) If the defendant, while in custody, appears on the case for which the 
bail
 bond was
posted, the court may not reinstate the 
bail
 bond without the consent of the bond company.
(b) If a defendant fails to appear within seven days after a scheduled court appearance,
the court may not reinstate the 
bail
 bond without the consent of the surety.
(c) If the defendant is arrested and booked into a county jail booking facility pursuant
to a warrant for failure to appear on the original charges and the court is notified of the arrest,
or the court recalls the warrant due to the defendant's having paid the fine and prior to entry of
judgment of forfeiture, the court shall exonerate the 
bail
 bond.
(d) Unless the court makes a finding of good cause why the bond should not be
exonerated, it shall exonerate the 
bail
 bond if:
(i) the surety has delivered the defendant to the county jail booking facility in the
county where the original charge [
is
] 
or charges are
 pending;
(ii) the defendant has been released on a bond secured from a subsequent surety for the
original charge and the failure to appear;
(iii) after an arrest, the defendant has escaped from jail or has been released on the
defendant's own recognizance, pursuant to a pretrial release, under a court order regulating jail
capacity, or by a sheriff's release under Section 
17-22-5.5
;
(iv) the surety has transported or agreed to pay for the transportation of the defendant
from a location outside of the county back to the county where the original charge is pending,
and the payment is in an amount equal to government transportation expenses listed in Section
76-3-201
; or
(v) the surety demonstrates by a preponderance of the evidence that:
(A) at the time the surety issued the 
bail
 bond, it had made reasonable efforts to
determine that the defendant was legally present in the United States;
(B) a reasonable person would have concluded, based on the surety's determination,
that the defendant was legally present in the United States; and
(C) the surety has failed to bring the defendant before the court because the defendant
is in federal custody or has been deported.
(e) Under circumstances not otherwise provided for in this section, the court may
exonerate the 
bail
 bond if it finds that the prosecutor has been given reasonable notice of a
surety's motion and there is good cause for the 
bail
 bond to be exonerated.
(f) If a surety's 
bail
 bond has been exonerated under this section and the surety remains
liable for the cost of transportation of the defendant, the surety may take custody of the
defendant for the purpose of transporting the defendant to the jurisdiction where the charge is
pending.
Section 40. Section 
77-20b-102
 is amended to read:
77-20b-102.
Time for bringing defendant to court.
(1) If notice of nonappearance has been mailed to a surety under Section 
77-20b-101
,
the surety may bring the defendant before the court or surrender the defendant into the custody
of a county sheriff within the state within six months of the date of nonappearance, during
which time a forfeiture action on the 
bail
 bond may not be brought.
(2) A surety may request an extension of the six-month time period in Subsection (1),
if the surety within that time:
(a) files a motion for extension with the court; and
(b) mails the motion for extension and a notice of hearing on the motion to the
prosecutor.
(3) The court may extend the six-month time in Subsection (1) for not more than 60
days, if the surety has complied with Subsection (2) and the court finds good cause.
Section 41. Section 
77-20b-103
 is amended to read:
77-20b-103.
Defendant in custody -- Notice to prosecutor.
(1) If a surety is unable to bring a defendant to the court because the defendant is and
will be in the custody of authorities of another jurisdiction, the surety shall notify the court and
the prosecutor and provide the name, address, and telephone number of the custodial authority.
(2) If the defendant is subject to extradition or other means by which the state can
return the defendant to the court's custody, and the surety gives notice under Subsection (1), the
surety's 
bail
 bond shall be exonerated:
(a) if the prosecutor elects in writing not to extradite the defendant immediately; and
(b) if the prosecutor elects in writing to extradite the defendant, to the extent the 
bail
bond exceeds the reasonable, actual, or estimated costs to extradite and return the defendant to
the court's custody, upon the occurrence of the earlier of:
(i) the prosecuting attorney's lodging a detainer on the defendant; or
(ii) 60 days after the surety gives notice to the prosecutor under Subsection (1), if the
defendant remains in custody of the same authority during that 60-day period.
Section 42. Section 
77-20b-104
 is amended to read:
77-20b-104.
Forfeiture of bail.
(1) If a surety fails to bring the defendant before the court within the time provided in
Section 
77-20b-102
, the prosecuting attorney may request the forfeiture of the bail by:
(a) filing a motion for bail forfeiture with the court, supported by proof of notice to the
surety of the defendant's nonappearance; and
(b) mailing a copy of the motion to the surety.
(2) A court shall enter judgment of bail forfeiture without further notice if it finds by a
preponderance of the evidence:
(a) the defendant failed to appear as required;
(b) the surety was given notice of the defendant's nonappearance in accordance with
Section 
77-20b-101
;
(c) the surety failed to bring the defendant to the court within the six-month period
under Section 
77-20b-102
; and
(d) the prosecutor has complied with the notice requirements under Subsection (1).
(3) If the surety shows by a preponderance of the evidence that it has failed to bring the
defendant before the court because the defendant is deceased through no act of the surety, the
court may not enter judgment of bail forfeiture and the 
bail
 bond is exonerated.
(4) The amount of bail forfeited is the face amount of the bail bond, but if the
defendant is in the custody of another jurisdiction and the state extradites or intends to extradite
the defendant, the court may reduce the amount forfeited to the actual or estimated costs of
returning the defendant to the court's jurisdiction. A judgment under Subsection (5) shall:
(a) identify the surety against whom judgment is granted;
(b) specify the amount of bail forfeited;
(c) grant the forfeiture of the bail; and
(d) be docketed by the clerk of the court in the civil judgment docket.
(5) A prosecutor may immediately commence collection proceedings to execute a
judgment of 
bail
 bond forfeiture against the assets of the surety.
Section 43. Section 
77-20b-105
 is amended to read:
77-20b-105.
Revocation of bail bond.
The surety is entitled to obtain the exoneration of its 
bail
 bond prior to judgment by
providing written proof to the court and the prosecutor that:
(1) the defendant has been booked for failure to appear regarding the charge for which
the 
bail
 bond was issued; or
(2) the defendant is in custody and the surety has served the defendant's 
bail
 bond
revocation on the custodial authority.
Section 44. 
Repealer.
This bill repeals:
Section 
77-20-5
,
Qualifications of sureties -- Justification -- Requirements of
undertaking.
Legislative Review Note
Office of Legislative Research and General Counsel