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ND HB1076
Bill
Status
1/8/2013
Primary Sponsor
Judiciary Committee
Click for details
AI Summary
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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.
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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.
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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.
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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.
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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