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AK HB297
Bill
Status
1/19/2018
Primary Sponsor
Charles Chenault
Click for details
AI Summary
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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.
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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.
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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.
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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.
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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