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MI SB0381
Bill
AI Summary
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Court must serve notice of defendant's failure to appear to each surety within 7 days using personal service, business address delivery, electronic mail, or first-class mail.
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Surety receives opportunity to appear in court and show cause why judgment should not be entered against them for the bail or bond amount.
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Court may enter judgment against surety for up to the full amount of bail or surety bond if good cause for failure to appear is not shown.
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Court must set aside forfeiture and discharge bail or surety bond within one year if defendant is apprehended, justice is served, and county costs are repaid, unless defendant is captured more than 56 days after forfeiture and surety fails to pay within that period.
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If forfeited surety bond amount is less than full bail, defendant remains liable to court for the difference unless court orders otherwise.
Legislative Description
Criminal procedure; bail; service of notices to surety bonds; modify. Amends sec. 28, ch. V of 1927 PA 175 (MCL 765.28).
Criminal procedure: bail
Last Action
Reported Favorably With Substitute S-1
6/7/2018