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AK HB297

Bill

Status

Introduced

1/19/2018

Primary Sponsor

Charles Chenault

Click for details

Origin

House of Representatives

30th Legislature

AI Summary

  • Adds AS 12.30.011(m) requiring judges or magistrates to forfeit bonds when a person released on an appearance bond fails to appear as required in court.

  • Amends Alaska Rules of Criminal Procedure Rule 41(h) to establish a formal forfeiture process including judgment entry, notice requirements, and a 30-day waiting period before enforcement.

  • Requires a hearing within 30 days if requested by the defendant or person pledging security to determine whether the failure to appear was willful, with forfeiture set aside if non-willful conduct is proven by preponderance of evidence.

  • Allows persons who pledged security to apply for remission within one year based on defendant's return or other extraordinary circumstances, with remission conditions potentially including enforcement expenses.

  • Permits execution on forfeiture judgments using the same procedures as other monetary judgments and allows sureties to be exonerated by cash deposit equal to the bond amount or timely surrender of the defendant.

Legislative Description

Failure To Appear:forfeit Appearance Bond

Crimes

Last Action

REFERRED TO JUDICIARY

1/19/2018

Committee Referrals

Judiciary1/19/2018

Full Bill Text

No bill text available