HB 17-1369: Bond Surety Protection Act

• Allows bail bond sureties to be exonerated from liability when a defendant is removed from the country, provided the surety files a motion, submits affidavit evidence from federal immigration agencies or foreign consulates (or affidavit with personal knowledge), and the district attorney does not object.

• Requires release of any collateral securing a bail bond when the court exonerates liability under this act and the bond premium has been paid.

• Prohibits law enforcement agencies from notifying bail bonding agents or sureties before bond posting that bonds or fees may be forfeited if the defendant is removed from the country.

• Prohibits law enforcement officers from requiring defendants to execute waivers acknowledging bond forfeiture upon removal from the country, and prohibits bail bonding agents from communicating that bonds or fees will be forfeited if the defendant is removed.

• Abolishes the county jail assistance fund effective July 1, 2017, and redirects any remaining unexpended funds.