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ND HB1076

Bill

Status

Introduced

1/8/2013

Primary Sponsor

Judiciary Committee

Click for details

Origin

House of Representatives

63rd Legislative Assembly

AI Summary

  • Amends section 29-08-28 of the North Dakota Century Code to clarify that moneys deposited as bail are the property of the defendant, whether deposited by the defendant or a third person on the defendant's behalf.

  • Requires third persons depositing bail to be notified at the time of deposit that the moneys will be paid to the defendant upon final disposition of the case, subject to application toward fines, costs, restitution, or child support obligations owed by the defendant.

  • Allows a third person who deposited bail moneys to direct the court to release the deposit to that person upon final disposition, subject to further court order.

  • Grants the court authority to order bail moneys applied to any fines, costs, restitution imposed on the defendant, or child support obligations owed by the defendant, with any balance paid to the defendant unless otherwise ordered by the court.

  • Establishes that moneys deposited with the court or clerk as bail are exempt from garnishment, attachment, or execution.

Legislative Description

Bail as defendant's property.

Last Action

Second reading, failed to pass, yeas 5 nays 83

1/28/2013

Committee Referrals

Judiciary1/8/2013

Full Bill Text

No bill text available