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Center for Media and Democracy Alec Model Legislation Bail Bond Expiration Act

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Model Legislation

Public Safety and Elections

Bail Bond Expiration Act

Did you know the
NRA--the National
Rifle Association-was the corporate
co-chair in 2011?

Summary

This act would establish that a bail bond expires thirty-six months after it is posted
if the bond has not been declared forfeited in the interim.
Model Legislation
Section 1. {Title} This Act may be cited as the Bail Bond Expiration Act.
Section 2. {Definition} “An undertaking” means the issuance of a surety bail
bond to insure appearance.
Section 3. {Expiration}
(A). An undertaking is valid if it states:
(1) the court where the defendant is to appear;
(2) the amount of bail; and
(3) that it was made before an official authorized to take the bond.
(B). A surety remains liable on an undertaking despite:
(1) any other agreement that is expressed in the undertaking;
(2) any failure of the defendant to join in the undertaking; or

ALEC’s’Corporate Board
--in recent past or present

• AT&T Services, Inc.
• centerpoint360
• UPS
• Bayer Corporation
• GlaxoSmithKline
• Energy Future Holdings
• Johnson & Johnson
• Coca-Cola Company
• PhRMA
• Kraft Foods, Inc.
• Coca-Cola Co.
• Pfizer Inc.
• Reed Elsevier, Inc.
• DIAGEO
• Peabody Energy
• Intuit, Inc.
• Koch Industries, Inc.
• ExxonMobil
• Verizon
• Reynolds American Inc.
• Wal-Mart Stores, Inc.
• Salt River Project
• Altria Client Services, Inc.
• American Bail Coalition
• State Farm Insurance
For more on these corporations,
search at www.SourceWatch.org.

(3) any other defect of form of record; or
(4) any other irregularity, except as to items covered by (a).
(C). An undertaking expires thirty-six (36) months after it is posted for the release
of a defendant from custody unless, within the thirty-six (36) month period:
(1) the bond is declared to be forfeited; and
(2) the court notifies the surety and the bail agent of the forfeiture by
certified mail, return receipt requested.
Section 4. {Severability}
Section 5. {Effective Date}
Adopted by the Criminal Justice Task Force at the Annual Meeting in August, 2005.
Approved by the ALEC Board of Directors September, 2005.

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This Model Act appears to make it easier for bail bondsmen to avoid paying the full amount of the bail owed
to the state when one of their "clients" jumps bail. Typically, an accused person pays a bondsman 10% of
their bail, with the understanding that the bondsman is liable for the full amount of the bail if the person fails
to appear at court. This Act specifies that the amount owed by a bondsman in such situations will be
forgiven after 36 months.

 

 

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