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MS HB173

Bill

Status

Failed

3/6/2012

Primary Sponsor

Ray Rogers

Click for details

Origin

House of Representatives

2012 Regular Session

AI Summary

  • Amends Section 99-5-25 to clarify that bail bonds shall only be forfeited if a defendant fails to appear in court, not for any other reason.

  • Requires courts to notify sureties of bail forfeiture within 10 working days via personal service or certified mail; failure to do so constitutes prima facie evidence the forfeiture order should be set aside.

  • Provides a 90-day period for defendants to appear or be arrested; if they do, the judgment nisi is set aside and the surety must be notified, with execution on final judgments automatically stayed for 90 days.

  • Grants civil immunity to bail agents acting in good faith within their authority when enforcing court orders or judgments, and shields agents from liability for courts' failures to properly issue or serve forfeiture documents.

  • Requires courts to order the Department of Insurance to revoke a surety's bail-writing authority if a final judgment remains unsatisfied after 90 days, with refunds available if defendants appear within 18 months minus reasonable extradition costs.

Legislative Description

Bail; revise certain forfeiture provisions.

Last Action

Died In Committee

3/6/2012

Full Bill Text

No bill text available