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MS SB2838

Bill

Status

Failed

3/6/2012

Primary Sponsor

Dean Kirby

Click for details

Origin

Senate

2012 Regular Session

AI Summary

  • Clarifies 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 forfeitures via writ of scire facias within 10 working days; failure to do so constitutes prima facie evidence the order should be set aside.

  • Provides civil immunity for bail agents acting in good faith within their authority when enforcing court orders, including immunity from damages caused by the court's failure to properly issue or serve notices.

  • Extends the time for setting aside forfeitures to 90 days from entry of final judgment, with execution automatically stayed for 90 days; allows refunds of bail amounts (minus extradition costs) if defendant appears within 18 months.

  • Requires the Department of Insurance to revoke a licensed surety's bail-writing authority if a final judgment is not set aside after 90 days; effective July 1, 2012.

Legislative Description

Bail; revise certain forfeiture provisions.

Last Action

Died In Committee

3/6/2012

Full Bill Text

No bill text available