Posts Tagged “nationwide bail bonds”

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Aug 10 2010

New 2010 Bail Related Case Summaries

Posted by Paul Repetti in Bail Laws

In People v. Indiana Lumbermens Mutual Insurance Co. , 2010 WL 3009588 (Cal.App. August 3, 2010) the defendant fled to Mexico.  A few days before expiration of the extended appearance period, the surety learned that the defendant had been arrested in Mexico and confined to a town there.  The surety filed a motion to toll the running of the appearance period either because the confinement was a temporary disability pursuant to Penal Code §1305(e) or on equitable grounds.  The trial court denied relief and entered summary judgment against the surety.  On appeal, the Court accepted that confinement could be a temporary disability but rejected the surety’s argument because the defendant was not absent based upon the temporary disability.  The Court held: “We accordingly construe section 1305(e) as follows.  A detention occurs where civil authorities restrain a defendant, whether by physical apprehension or by force of law.  A defendant is ‘temporarily disable[d] by reason of’ the detention (§1305(e)(1)) when the operation of law is the direct cause of a defendant’s failure to appear . . . However, a detention has not prevented the defendant’s appearance under section 1305(e) when it merely buttresses the preexisting direct cause, such as where a defendant voluntarily flees to a country to which the bail agents cannot travel . . . “  The Court found that the evidence provided by the surety, unauthenticated E-mails, was insufficient to establish an abuse of discretion in finding that the defendant was not absent from the court based on his confinement in Mexico.  The Court also found that the record was inadequate to compel granting equitable tolling of the appearance period.  No reporter’s transcript was provided, so the Court did not know the basis on which the trial court rejected the surety’s motion for equitable tolling.  The Court declined to address the merits of the surety’s equitable tolling argument because of the surety’s failure to provide an adequate record.  [Not Published].

In Casteneda v. State , 2010 WL 3030973 (Tex.App. – San Antonio August 4, 2010) the surety filed an answer to the rule to show cause but did not appear for the hearing.  The court entered a final judgment forfeiting the bond, and the surety did not pursue an appeal.  Instead, the surety filed a bill of review as a separate cause.  The trial court denied relief and the surety appealed.  The Court found no just cause for the surety not to have raised its defenses in a direct appeal of the judgment and so no abuse of the trial court’s discretion in denying the separate bill of review.  The Court affirmed the judgment without considering the surety’s alleged defense on the merits of the case.

In United States v. Gonzales & Gonzales Bonds and Insurance Agency, Inc., 2010 WL 2985545 (N.D.Cal. July 27, 2010) the Government sued an agent and surety to collect on certain immigration bonds and the defendants counterclaimed.  The court held that the bonds were three party contracts among the surety, the United States and the principal and that there was Tucker Act jurisdiction over the surety’s counterclaim to recover money paid on forfeited bonds.  The court also, however, held that the Department of Homeland Security’s administrative procedure for declaring a breach of the bond and for an administrative appeal of that declaration was valid and the court’s review would be on the arbitrary and capricious standard of the Administrative Procedures Act.  The court rejected the surety’s contention that it was entitled to a de novo determination of its liability but did hold that the surety was entitled to discovery of the alien’s “A-file.” The surety could use information from the file to help show that the Government’s determination of a breach was arbitrary and capricious because it did not consider all pertinent information or did not follow the law, regulations, agreements or other authority.

In Villasana v. City of Houston , 2010 WL 2991095 (S.D.Tex. July 26, 2010) an attorney who acted as bail bond surety for his clients in the City’s Municipal Court filed a purported civil rights action against the City and several of its employees objecting to the City’s attempts to compel payment on forfeited bonds that he alleged he had been told would not have to be paid.  The suit sought to enjoin the City from refusing to accept the attorney’s bonds, to exonerate all bonds written during a certain time period, and to have any subsequent bonds processed “in accordance with due process.”  The defendants moved to dismiss the suit for lack of subject matter jurisdiction and failure to state a claim.  The court recited some confusion as to procedures on such bonds but found no basis for a claim that the City’s actions were substantively or procedurally unfair and no basis to relieve the attorney from his obligations.  The court granted the defendants’ motion to dismiss.

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Mar 05 2010

Bail Case summaries from around America

Posted by Paul Repetti in Uncategorized

In State v. Liupaono, 2010 WL 374576 (Hawaii January 6, 2010) the surety appealed from denial of its motion for reconsideration of denial of its motion to set aside forfeiture of its bond.  The record, however, did not include a judgment of forfeiture, a motion to set aside forfeiture, or an order denying such a motion.  The Court recognized that an order denying a motion to set aside forfeiture of a bail bond would be an appealable final order, but found that on the record before it there was no appealable order and therefore that it lacked jurisdiction.  The Court dismissed the appeal.

In Safety National Casualty Corp. v. State, 2010 WL 715246 (Tex.Crim.App. March 3, 2010) the Court reversed the Court of Appeals decision published at 273 S.W.3d 730 (Tex.App. – Houston 2008) and held that an appeal in a bail bond forfeiture case was not subject to the civil appeal filing fees.  The Court looked at the predecessors of Tex. Code of Crim. Proc. Art. 44.44 and held that although the statute applied the civil action rules to bail bond forfeiture proceedings, the Legislature did not intend to apply the civil fee schedule in such cases.  Seven Justices joined in this result and two dissented.

In Dominguez v. Safety National Casualty Corp., 2010 WL 697274 (S.D.Tex. February 23, 2010) the defendant agency and surety filed counterclaims against the plaintiffs alleging that the plaintiffs (and some members of the putative class they purported to represent) breached their immigration bond contracts and were obligated to indemnity the defendants for costs and attorneys fees should the defendants prevail.  The plaintiffs moved to dismiss the counterclaims for lack of subject matter jurisdiction and failure to state a claim.  The court denied the motion.  It had supplemental jurisdiction and the indemnity provision, as interpreted by the defendants, could apply to the case.

In Huntington National Bank v. Lomaz, 2010 WL 702439 (Ohio App. February 26, 2010) a judgment creditor recorded its judgment and sought to foreclose on real property owned by the defendants.  The defendants appealed and posted a $92,500 supersedeas bond.  The bond was obtained from an agent who used a $50,000 power of attorney for bail bonds and secured the balance with property allegedly owned by the agent.  The appeal was eventually dismissed, and after several hearings the trial court entered judgment against the agent and surety, jointly and severally, for $50,000 and against the agent for the balance of the bond amount.  On appeal, the agent and surety raised several procedural issues.  They also argued that the judgment was not affirmed and, since the property was sold there were no damages to collect from the bond.  The surety argued that the power of attorney showed on its face that it was only for bail bonds and the agent had no actual or apparent authority to bind the surety to a supersedeas bond.

The Court rejected each argument and affirmed the judgment.  In the trial court the surety and agent were represented by the same attorney (apparently the agent’s attorney) and the surety did not raise the power of attorney issue.  The Court held that the plain error doctrine did not allow the surety to raise the issue for the first time on appeal.  The Court also thought that the agent prepared the bond and the principal got the benefit of the bond by delaying the foreclosure, so any technical defects in the bond were chargeable to the agent not the innocent judgment creditor.  The judgment creditor presented evidence of its damages from the delay caused by the appeal, and the agent did not attack this evidence before the trial court.  As such, he waived any objection to it on appeal.  The surety and agent had an opportunity to present their evidence and arguments in the trial court and did not raise their various procedural objections there.  They could not be raised for the first time on appeal.

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Mar 03 2010

New Legisltaive Log for Bail around America

Posted by Paul Repetti in Bail Laws

State

Bill

Description

Status

AK

H 324

Relating: to failure to appear, to arrest for violating certain conditions of release, to release before trial, before sentence, and pending appeal.  Court cannot modify bond amount without approval of surety.

Judiciary

03FEB10

AK

S 252

Relating: to failure to appear, to arrest for violating certain conditions of release, to release before trial, before sentence, and pending appeal. Court cannot modify bond amount without approval of surety.

Judiciary

03FEB10

AL

H 322

Ignition interlock as a bail condition for second DUI.

Introduced
19JAN10

AL

H 348

Presiding judge in each district can set up  drug courts.

Introduced 19JAN10

AL

S 53

Ignition interlock as a bail condition for second DUI.

Introduced 12JAN10

AL

S 410

Allows each court to set up drug court, pretrial diversion program.

Introduced 11FEB10

AZ

S 1394

No bail for illegal whom has previously been deported or departed under a removal order.

Introduced
01FEB10

CA

A 1369

Certain minimum security/low risk inmates (including those pending trial) in county lock ups may participate in a work furlough, home detention/GPS program. Service can be provided by private entity.

Passed Assembly. Passed Senate with House concurring in Senate amendments.

Held at desk in Senate 28JAN10

CA

S 1049

New

A judge or magistrate may, with respect to an offense specified in the existing provision, increase bail above that in the bail schedule without a hearing, provided a declaration justifying the increase is presented under oath by a sworn peace officer.

Rules for assignment.
17FEB10

CO

H 1215

Authorizes use of cash bond deposits to pay the defendant’s court costs, fines, fees and restitution if the defendant was the depositor or the depositor consents.

Judiciary

01FEB10

CT

H 5147

To improve the regulation of surety and professional bondsmen.  Appointment by an insurer.

Insurance and Real Estate 10FEB10

CT

H 5158

Firearms training requirement for agents and recovery agents.

Insurance and Real Estate 10FEB10

FL

H 297

Defendant who leaves scene of an accident in which a death resulted, must be brought before judge before bail given.

Introduced

14JAN10

FL

H 445

Tightens requirements for PTS agencies in the release of defendants.

Public Safety &  Domestic Policy Cmt 01FEB10

FL

S 782

Tightens requirements for PTS agencies in the release of defendants.

Criminal justice and Appropriations committees 17DEC09

FL

S 2336
New

Requires formation of local offender advisory council in each county. (Probably will involve PTS.)

Introduced

14FEB10

FL

S 2364
New

Amend provisions related to forfeitures

Introduced 14FEB10

FL

S 2418
New

Defendant who leaves scene of an accident in which a death resulted, must be brought before judge before bail given.

Introduced

25FEB10

GA

H 889

Limits OR bonds for those accused of certain crimes

Second Reading
25JAN10

GA

H 897

Sexual assault bill which might be a vehicle for a post conviction bond.

Passed out of Committee 02FEB10

GA

H 980

School Board Members engaging in bail bond business

Second Reading
28JAN2010

GA

H 1015

Requires criminal gang offenses to be granted bail by a superior court judge.

House Second Readers 1FEB2010

GA

H 1030

Establishes community supervision div. of DOC for those on probation.  (Possible vehicle for PCB?)

From State Institutions and Property 08FEB10

GA

H 1052

Clarifies provisions requiring a surety to be a GPS provider. (Relates to H 306)

Judiciary Non-Civil 04FEB10

GA

H 1171

Insurance and Real Estate

Introduced 16FEB10

HI

SB 2534

Requires Law Enforcement to accept bonds when courts are closed

In Committee 2FEB2010

HI

SB 2544

Modernizes Insurance Code; Bail Agents

To be heard by CPC/JUD 04FEB2010

HI

SB 2697

Modernizes Insurance Code; Bail Agents

Referred to CPN 27JAN2010

HI

SB 716

Ignition Interlock as a condition of bail

Carried over to 2010 Session

HI

H 420

Surety can discharge principal at will, but must give notarized statement why with court prior, and COI after.

Carried over to 2010 Session 11MAY2009

HI

S 1301

Surety can discharge principal at will, but must give notarized statement why with court prior, and COI after.

Carried over to 2010 Session 11MAY2009

HI

S 2133

Forfeiture mitigation if defendant returned within 180 days. Forfeiture executed 180 days (vice 30 days) after judgment.

JGO 20JAN10

ID

S 1303

Illegal alien deemed a flight risk.

State Affairs 29JAN10

ID

S 1371

Addresses issue of suspending surety from writing if outstanding unpaid judgments.

Reported to Jud. 17FEB10

IN

H 1144

A defendant  charged with a crime against a person must have solvent sureties to qualify for bail.

Introduced 07JAN10

IN

H 1354

Post conviction bond.

Courts and Criminal Code 13JAN10

IN

S 293

Makes bail law concerning: (1) notices to sureties and bond agents; (2) circumstances under which a cause is determined; (3) failure to appear; and (4) substitution of bail for deposits. Specifies that a court may require a defendant admitted to bail to execute a bail bond written by an insurer (instead of being executed with sufficient solvent sureties). Removes a provision that allows a court admitting a defendant to bail to require the

Referred to House
02FEB2010

IN

S 317

Bail undertaking expires after 36 months.   Agents must have email address for court notices. Reduces time certain to 180 days from  1 year. Court fees from FTA cannot be charged to agent.

Introduced

12JAN10

IN

S 340

Re parole board duties. (See S 293 which was amended into S 340)

Passed Senate. To House Judiciary.
S 293 amended into S 340. To House floor 22FEB10

KS

H 2528

Amends court procedure for forfeiture.  No judgment until 60 (changed from 10) days after notice mailed.

Judiciary Hearing
02FEB10

KS

H 2545

Increasing the amount of bond deposit to clerks up to 10% of $25,000 (changed from $2,500) provided  the person qualifies for ten percent deposit bail.

Judiciary Hearing 02FEB10

KS

H 2656

Non appearance only reason for forfeiture.

From Judiciary 17FEB10

KS

S 534

Non appearance only reason for forfeiture

From Judiciary 17FEB10

LA

H 28

Permits a temporary emergency release on an unsecured personal surety in certain emergency conditions but excludes certain enumerated charges from such releases.

Judiciary

29MAR10

MD

S 841

Permits insurance commissioner to authorize premium financing and set regulations for same.

From Judicial Proceedings to Finance 12FEB10

MI

H 5492

Amending return of defendants to custody in compliance with H 5493

Regulatory Reform 30SEP09

MI

H 5493

Regulates recovery agents.

Regulatory Reform 30SEP09

MI

H 5536

Regulates bails agents, recovery agents, and runners, etc.

Regulatory Reform 22OCT09

MI

H 5537

Requirements for bail bond agents, runners.

Regulatory Reform 22OCT09

MI

H 5538

Additional fee ($25) when posting bail.

Appropriations 22OCT09

MI

H 5806

Bail recovery agents exempt from PI licensure act requirements.

Regulatory Reform11FEB10

MI

S 325

Vehicle tracking devices by bail agent permitted.

Passed Senate.  To House Judiciary. 02FEB10

MN

H 3089

New

For certain domestic abuse charges removes the existing cap on the amount of bail and authorizes bail in any amount necessary to protect the safety of the victim, other family members or the public.

Crime Victims/Criminal Records to Public Safety Policy and Oversite Hearing 26FEB10

MN

S 2636

New

Judicial district can establish a pilot project EM/GPS to protect victims of domestic abuse.

Judiciary 16FEB10

MN

S 2715

New

For certain domestic abuse charges removes the existing cap on the amount of bail and authorizes bail in any amount necessary to protect the safety of the victim, other family members or the public.

Judiciary 18FEB10

MO

S 892

Recommends MO DOI commission findings for bail statute overhaul, e.g. uniform state-wide forfeiture provisions, property writers’ fiscal accountability.

To be Introduced 04FEB10

MO

H 2156

Makes extensive revisions to the statutes on bail

Second Reading 16FEB10

MS

H 411

Name of company must be on probation bond. (Requirement already exists.)

Introduced 07JAN10

MS

H 835

Establishes community corrections program for 12th judicial district. (Precursor to PTS expansion?)

Passed House 09FEB10

MS

H 900

Defines bail agent, restricts certain relatives from writing bail bonds, other requirements.

Judiciary B 18JAN10

MS

H 1308
New

Persons charged with causing the death of another under certain circumstances must post bail prior to release.

Introduced 18JAN10

MS

H 1333
New

Persons charged with causing the death of another under certain circumstances must post bail prior to release.

Introduced 18JAN10

MS

S 2104
New

Bail bond fee to be refunded to domestic violence defendant not convicted.

Introduced 06JAN10

MS

S 2733
New

Licensed bail gents do not need an officer’s approval to be a surety.  Further clarifies surrender of principal, forfeitures, etc.

Introduced 12JAN10

MS

S 2734

Defines bail agent, restricts certain relatives from writing bail bonds, other requirements.

Introduced 12JAN10

MS

S 2923

For domestic violence charge, 24 hours confinement before being released on bail.

Introduced 18JAN10

MS

S 2890
New

Imposes 2% fee of bond amount on defendants posting bond or OR’d, plus and additional $10 on each defendant posting a bond.

Judiciary B 18JAN10

MS

S 2926
New

Clarifies that municipal judge may require cash bond.

Introduced 18JAN10

MS

S 2993
New

For domestic violence charge, 24 hours confinement before being released on bail.

Corrections 18JAN10

MS

S 3003
New

Established community corrections program and pretrial support services.

Corrections
Appropriations
18JAN10

NC

H 84

No bail for certain illegal aliens.

Ways & Means
12FEB09

NC

H 1338

Post conviction bond.  (included in H 945)

Incorporated
10AUG09

NC

H 1572

To assess a processing fee ($50) when a failure to appear is stricken and as a result a bail bond forfeiture is set aside.

Introduced
05MAY09

NC

S 726

House arrests as a condition of pretrial release. GPS/EM required if defendant leaves for specific proposes.

Judiciary I
24MAR09

NC

S 789

Person convicted of a drug misdemeanor violation prohibited from being a bondsman.

Commerce
25MAR09

NC

S 1013

Citizen’s Right to Know

Judiciary II
Held till 2010 session
15MAY09

NC

S 1056

Bondsmen must obtain firearms permit, firearms training, and liability insurance.

Judiciary IAmended/subst.
13MAY09

NE

L 273

Bail bond fee for misdemeanor: $25; for felony: $100.

Government, Military Affairs etc.
05MAR09

NH

H 651

For reasonable regulation of private detectives. Joins bail recovery licenses to some requirements for investigative services.

Executive Departments and Administration 21JAN110

NJ

A 428

Restricts bail options for second and subsequent offenses occurring while released.

Judiciary 12JAN10

NJ

A 807

Adds death by boat or auto plus certain assaults to bail restricted crimes.

Judiciary 12JAN10

NJ

A 814

Adds death by boat or auto plus certain assaults to bail restricted crimes.

Judiciary 12JAN10

NJ

A 989

Adds 17 crimes to the bail restrictions list.

Judiciary 12JAN10

NJ

A 1143

FTA only justification for forfeiture.  Establishes a remission of forfeitures schedule for certain conditions.

Public Safety 12JAN10

NJ

A 1191

No bail for illegal if defendant has two priors for separate crimes.

Judiciary 12JAN10

NJ

A 1491

No ten percent bail for persons charged with violating a domestic violence retraining order.

Judiciary 12JAN10

NJ

ACR 62

Proposes a constitution amendment whereby illegals are ineligible for bail,

Judiciary 12JAN10

NJ

S 294

GPS a condition of bail for one charged with sex offense.

Judiciary 12JAN10

NJ

S 401

No bail for illegal if defendant has two priors for separate crimes.

Judiciary 12JAN10

NJ

S 425

Adds crimes with bail restrictions.

Judiciary 12JAN10

NJ

S 781

Adds death by boat or auto plus certain assaults to bail restricted crimes.

Judiciary 12JAN10

NY

A 827

No bail for certain felony charges, or of defendant has two previous felony convictions.

Prefiled 07JAN09

NY

A 1709

No bail or OR for sex offenses against person under 18.

Codes 19JAN09

NY

A 3035

“Jilly’s law” criteria added to bail decision., i. e., danger to community by defendants, etc. may require EM/GPS etc.

Codes 06Jan2010

NY

A 3132

No OR or bail for certain A, B, or C class felonies.

Codes 23JAN09

NY

A 3898

Defines crimes for which defendant can be denied bail except in line with certain restrictions

Codes 06JAN2010

NY

A 4305

Directs courts to exonerate bail and order recognizance when no grand jury action has occurred for 45 days from arraignment, unless for good cause otherwise.

Codes 03FEB10

NY

A 5542

Directs courts to exonerate bail and order recognizance when no grand jury action has occurred for 45 days from arraignment, unless for good cause otherwise.

Codes 03FEB10

NY

A 6746

Requires bail hearing no sooner than 72 hours after bail application for person presumed to be an illegal alien.

Codes 06JAN2010

NY

S 6867
New

Forfeiture for breach of conditions.

Crime Victims, Crime, and Corrections 18FEB10

NY

A 7139

Outlines restrictions on granting bail to certain defendants.

Codes 06JAN2010

NY

S 1401

“Jilly’s law” criteria added to bail decision., i. e., danger to community by defendants, etc. may require EM/GPS etc.

Codes 06JAN2010

NY

S 3480

Authorizes and directs courts to deny orders of recognizance or bail where the defendant poses a risk of danger to the community.

Codes 06JAN2010

NY

S 4366

Enforcement agent responsible for conduct of employees.

Codes 04FEB10

NY

S 5539

Authorizes pilot program for posting bail with credit card.

Codes 06JAN2010

OH

H 184

Points to be considered re the probability of defendant’s appearing for trail including  immigration status.

Introduced 19MAY09

OH

H 251

If accused enters diversion program, bond is exonerated.

Introduced 08JUL09

OH

H 300

New provisions for resident and non-resident surety bail agent license.

Passed  House and Senate 01DEC09

OH

S 22

Expands eligibility requirements for inmates for re-entry court. (Amendment to be introduced  for surety bond use in re-entry process)

From Senate Judiciary 18JUN09

OK

H 2576

DOI Commissioner can make adjustment to bondsmen’s fees.

Introduced 01FEB10

OK

H 3242

County officials can contact for recovery of fail to pay warrants.

Introduced 01FEB10

OK

H 3275

Place holder for “Bail bondsmen Reform Act of 2010″

Introduced 02FEB10

OK

S 1294

Against fraud, deception, and inducements in insurance (also applies to bail bonds).

Introduced 01FEB10

OK

S 1297

Against fraud, deception, and inducements in insurance (also applies to bail bonds).

Introduced 01FEB10

OK

S 1658

DOI Commissioner can make adjustment to bondsmen’s fees.

Prefiled 12JAN10

OK

S 1796

Bond exonerated on defendant accepted into a drug court program.

Judiciary02FEB10

OK

S 1993

Insurance commissioner to give notice to bondsman of violation, upon verification, can suspend license.

Introduced 01FEB10

OK

S 1994

Makes minor revisions to hearing on violations by bail agents.

Introduced 01FEB10

OK

S 2054

Large insurance bill which has provisions for denial of bail license, withdrawal of appointment by surety, etc..

Introduced 01FEB10

OK

S 2070

Omnibus professional code bill which has provision re criminal conduct related to performance of bail.

Introduced 01FEB10

OK

S 2089

Omnibus profession and occupation codes bill re proper conduct of bail profession.

Introduced 01FEB10

OK

S 2151

Bond exonerated on defendant accepted into a drug court program.

Introduced 01FEB10

SC

H 3798

Raises the alternative cash deposit to 25% of the bail amount (from 10%) but can be made by an “accommodation bondsman”  who also must pay the clerk a fee of 4% of the amount of the bond.

Judiciary 13JAN10

SC

H 4255

For possession of certain controlled substances, bail may not exceed amount of fine.

Referred to Committee 12JAN10

SC

S 1154

Omnibus crime reduction and sentencing bill.

Judiciary 09FEB10

SC

H 4521

Certain persons disqualified for being a surety, e.g. law enforcement, attorneys, etc.

Introduced 04FEB10

SD

S 110

Provides the posting of a bond on parolees under certain circumstances.

Passed Senate. To House Judiciary 03FEB10

TN

H 13

No bail for illegal.

Referred to Budget 24FEB10

TN

H 1363

Citizens Right to Know Bill

Judiciary Committee 23FEB10

TN

S 2654

Bondsman can return defendant to jurisdiction provided bondsman pays expenses.

Introduced 20JAN10

TN

H 2764

Defendant to be brought before court within 72 hours to determine if surrender by bondsman was for good cause.

Assigned to Crm Practice 27JAN10

TN

S 2916

New

Mandates, rather than allows, release of surety’s liability if detained request is refused or principal is released upon filing same.

Introduction 27JAN10

TN

H 3124

Factors to consider when setting bail for stalkers, sexual offenses, etc.

Introduced 28JAN10

TN

H 3138

Mandates, rather than allows, release of surety’s liability if detained request is refused or principal is released upon filing same.

Introduced 28JAN10

TN

H3281

Defendant with prior(s) cannot be released until determined not to be a threat to public safety.

Introduced 28JAN10

TN

H 3460

Authorizes court to determine a need for more bondsmen before allowing appointment of same.

Introduced 28JAN10

TN

H3539

Certificate of compliance with CE requirement extended from 60 to 90 days.

Introduced 28JAN10

TN

S 10

No bail for illegal.

Judiciary Hearing 21APR09

TN

S 1889

Citizens right to Know Act.

Judiciary 18FEB09 Carried over to 2010.

TN

S 2736

Defendant to be brought before court within 72 hours to determine if surrender by bondsman was for good cause.

Introduction 22JAN10

TN

S 2800

Factors to consider when setting bail for stalkers, sexual offenses, etc.

Introduction 25JAN10

TN

H 2801

Bondsman can return defendant to jurisdiction provided bondsman pays expenses

Introduction 21JAN10

TN

S 2821

Certificate of compliance with CE requirement extended from 60 to 90 days.

Introduction 27JAN10

TN

S 3412

Authorizes court to determine a need for more bondsmen before allowing appointment of same.

Introduction 28JAN10

UT

H 27

Within the Department of Public Safety is established a Bail Bond Surety Oversight Board and Bail Bond Recovery Licensure Board to include reps from industry.

Passed Senate and House 08FEB10

UT

H252

Bail bond act amendments. (Place holder bill)

Legislative Research and General Counsel 05FEB10

UT

H 375
New

Certain offenses require GPS/EM for bail or OR.

Introduced 17FEB10

UT

H 426
New

Recovery agents can wear badges and raid jackets.

Introduced 09FEB10

VA

S 83

Modifies bail recovery licensing. Bond ($10,000) required.

House Committee 04FEB10

VA

H 728

No person arrested for a felony who has previously been convicted of a felony, or who is presently on bond for an unrelated arrest in any jurisdiction, or who is on probation or parole, may be released to a pretrial services agency in lieu of posting a secure bond unless he is determined by a court to be indigent.

From Courts of Justice to Appropriations 27JAN10

Public Safety Subc. 2FEB10 Hearing 10FEB10

VA

H 1253

No OR until booking procedures completed.

Courts of Justice 19JAN10

VA

H 1255

Allows bondsmen access to criminal records for a small fee.

Passed House 3FEB10

VT

S 292
New

To reduced number of detainees, probationers, permits bail for a person charged with a probation violation if the person is on probation for a nonviolent misdemeanor or nonviolent felony and the probation violation did not amount to a new crime.

Judiciary 25FEB10

WA

S 716(like H728)

No person arrested for a felony who has previously been convicted of a felony, or who is presently on bond for an unrelated arrest in any jurisdiction, or who is on probation or parole, may be released to a pretrial services agency in lieu of posting a secure bond unless he is determined by a court to be indigent.

Court of Justice Tabled 04FEB10

WA

H 1243

Provides funds ($64,000) for implementation of 2008’s enactment of S 6437 which renews bail licensing procedures.

Introduced 15JAN09(See H 1694)

WA

H 1881

The authority that can grant or deny bail licenses. (..among other kinds of licenses.)

Commerce & Labor Hearing 24MAR09

WA

H 1929

The authority that can grant or deny bail licenses. (..among other kinds of licenses.)

Commerce & labor 03FEB09

WA

H 2625

Bail for felony to be determined by judicial officer and not bail schedule.

Public Safety 11JAN10

WA

H2782

Indigence determination to be made after provision made for bail obligation.

From Human Services to Ways and Means Hearing 06FEB10

WA

H2827

No bail prior to probable cause determination for person charged with domestic violence.

From Public Safety, etc. and Rules 03FEB10

WA

H 3056

Conditions governing pretrial release of defendants.

Public Safety etc.

WA

HJR 4220

Constitutional amendment to disallow bail in serious cases.

From Public Safety & Emergency Preparedness 22JAN10

WA

HJR 4213

Lakewood Law Enforcement Memorial Act.  Exempt persons charged with certain serious offense and a danger to the public from being bailable.

Prefiled 07DEC09

WA

HJR

4214

Lakewood Law Enforcement Memorial Act.  Exempt persons charged with certain serious offense and a danger to the public from being bailable.

Prefiled 07DEC09

WA

HJR 4218

New

Amendment to state constitution that offenses resulting in mandatory life sentences are not bailable. (On ballot for next general election.)

Public Safety & Emergency Preparedness 29JAN10

WA

S 5247

Authorizes agreement for bail bond agencies to execute bench warrants if defendant has two or more outstanding warrants.  Agencies expenses to be charge against the defendant.

Judiciary 19JAN09

WA

S 5407

Provides funds ($64,000) for implementation of 2008’s enactment of S 6437 which renews bail licensing procedures.

Introduced 21JAN09  (See H 1694

WA

S 5698

The authority that can grant or deny bail licenses. (..among other kinds of licenses.)

Passed Senate with substitute. 11MAR09

WA

S 6188

Sets minimum bail bond premium at ten percent.  Does not appear to apply to property writers.  Allows credit or financing of premium.

Judiciary 11JAN10 (first intro’d on 23 APR09)

WA

S 6312

Sets minimum bail bond premium at ten percent

Judiciary 11JAN10

WA

S 6664

A person accused of a felony must appear before a judicial official for individual determination of release conditions.

Judiciary 20JAN10

WA

S 6673

Appoints a TF to study bail practices.

Judiciary 21JAN10

WA

SJR 8218

Amendment to state constitution that offenses resulting in mandatory life sentences are not bailable. (On ballot for next general election.)

Judiciary 11JAN10

WA

S 6779

Conditions governing pretrial release of defendants. For the implementation of HJR 4220/SJR 8224.

Judiciary 27JAN10

WA

SJR 8224

Constitutional amendment to disallow bail in serious cases.

Judiciary 19JAN10

WV

H 4496
New

The purpose of this bill is to prohibit bail bonding companies or bail bond enforcers from providing fiduciary bonds for estates; and providing an exception: unless agent is licensed with DOI as agent of a carrier that provides surety or fiduciary bonds.

Introduced 15FEB10

WV

SJR 12
New

Proposes amendment to the Constitution to divert bond forfeitures from support of free schools to the county commission in which the bond was forfeited.

Judiciary then Finance 19FEB10

WV

S 6787

Restrictions on bail for defendants accused of certain serious crimes.

Judiciary 27JAN10

WV

S 471

Fees for bonds.

Introduced 04FEB10

WV

S 490

Surety bond to be posted for compliance of protective order. No OR, but within financial means of principal.

Introduced 05FEB10

WV

S 218

Early parole bill for non-violent offenders. (Possible vehicle for post conviction bond.)

Judiciary 14JAN10

US

H 4278

Amendment to state constitution that offenses resulting in mandatory life sentences are not bailable. (On ballot for next general election.)

Public Safety & Emergency Preparedness 29JAN10

US

S 714

Sets up National Crime Commission (will role of bail be included?)

Judiciary 23MA
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Feb 08 2010

The Bail Bond-Superbowl connection

Posted by frankrepetti in Uncategorized

Bail Bonds and the Super Bowl have a long running connection. Learn more about celebrity and athlete arrests.

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Jan 08 2010

New Bail Case Summaries….

Posted by Paul Repetti in Uncategorized

In Casey Surety Company, Inc. v. Charles, 2009 WL 5184315 (Conn.Super. December 4, 2009) the defendant’s father obtained the bond by agreeing to indemnify the surety or its agent. After the defendant failed to appear, the surety’s agent satisfied the forfeiture and sued on the indemnity agreement. The indemnitor argued that the agreement was with the surety company and did not mention the agent by name. He contested the standing of the agent to sue on the agreement and moved for summary judgment. The court denied the motion on two grounds. First, the agreement protected the surety’s agents as well as the surety. Second, having paid the forfeiture, the agent was subrogated to the surety’s rights against the indemnitor.

In City of Toledo v. Hunter, 2009 WL 5174179 (Ohio App. December 31, 2009) the defendant failed to appear and the court set a date for a show cause hearing on forfeiture of the bond. The police arrested the defendant prior to the date for the hearing, but the trial court nevertheless refused to vacate the forfeiture and ordered payment of the bond amount. The surety appealed, and the Court of Appeals reversed. The Court held that entry of forfeiture when the defendant was in custody or had appeared before the date of the show cause hearing was an abuse of discretion.

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Nov 29 2009

Driver Held on $1,000,000 Bail as Three Boys Remain Hospitalized in Philadelphia

Posted by Paul Repetti in Bail in the News

Dawn Denise Snell, 42, of the Philadelphia suburb of Lansdowne, is being held in the Delaware County Jail on $1 million cash bail after driving her car into three boys walking home from school in Upper Darby, PA.

Police Superintendent Michael Chitwood of the Upper Darby Police Department said Dawn Snell was speeding east in her Dodge Charger on Marshall Road about 12:10 p.m. Tuesday when she ran a red light, lost control of the car and swerved toward a group of five boys. She struck two boys, then hit a third as her car traveled along the sidewalk before ramming a parked car, the impact pushing it 15 feet, where Snell’s car finally came to rest 500 feet from the first impact. The windshield smashed by the force of the boys’ bodies’ impact.

“You could have two dead young men before the weekend is over,” Chitwood said regarding the high bail.

The victims, seventh-graders Jemel Brunswick, 13, Philmon Beyene, 12, and Tyler Lowery, 12, were waiting to cross the street on their way home after an early release from school for the Thanksgiving holiday when they were run down. Ambulances rushed all three boys to Children’s Hospital of Philadelphia in critical condition.

Brunswick and Beyene were in “extremely critical” condition, Chitwood said. Doctors performed surgery Tuesday night on Brunswick and Beyene to relieve pressure on their brains. Doctors transferred Brunswick to the Hospital of the University of Pennsylvania suffering multiple facial fractures, pelvic injuries and a serious wound to one of his lungs. Snell’s car hit Brunswick so hard that he was knocked out of his shoes. Beyene remains in a medically induced coma and on a respirator, treated for a fractured skull, multiple pelvic fractures and a lacerated pancreas. He also had surgery to save his right leg, Chitwood said. Lowery was in stable condition with less severe injuries.

Witnesses told police that Snell tried to flee the accident scene after hitting the boys. “Every one of them said there was no doubt she was trying to get away,” Chitwood said.

Snell told police that she was rushing to get her daughter to SEPTA’s 69th Street Terminal to catch a train to Norristown. Snell’s daughter said she believes something was wrong with the car and her mother was not trying to flee, but Chitwood said there is nothing to indicate a malfunction of the car.

Officials charged Snell Wednesday with aggravated assault, simple assault and a host of motor-vehicle counts including reckless driving and leaving the scene of an accident. Snell remains in the Delaware County Jail on $1 million cash bail while awaiting a preliminary hearing is scheduled for November 30.

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Nov 28 2009

Why would you let a Pastor charged with sexual abuse post bail?

Posted by Paul Repetti in Bail in the News

The Willows pastor charged with sexually assaulting two teenagers from his congregation posted a $100,000 bail bond Thursday night and was released from the Glenn County Jail, the sheriff’s office said.

The Rev. Carlton Hammonds, 56, of the Willows Baptist Church on Tehama Street, pleaded not guilty Monday in Glenn County Superior Court to three felony counts of lewd or lascivious acts with a teenage girl and a felony charge of sexual battery against another minor.

Hammonds posted bail just before 10:30 p.m., nearly a week after he was arrested by sheriff’s deputies outside the church, Sgt. Jim Miranda said.

The charges stem from multiple incidents that reportedly occurred in June and July of 2006, court records state.

The Glenn County Sheriff’s Office began investigating Hammonds in 2006 and filed a complaint with Glenn County prosecutors in May 2008, but staffing turnover and a back log of sexual assault cases delayed the investigation, Assistant District Attorney Dwayne Stewart said this week.

Prosecutors said they believe there are “many” more victims, but are not planning any additional charges, opting to use them as witnesses only, Stewart said.

Court records also show that Hammonds was the subject of a three-year harassment restraining order issued in September.

It was not clear Friday if the restraining order is connected to the criminal case. A phone call to the sheriff’s Major Crimes Division was not immediately returned.

Hammonds is due back in court Dec. 9 for a preliminary hearing.

To see this in it’s entirity CLICK HERE

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Nov 20 2009

Maybe no bail…but for good reason!

Posted by Paul Repetti in Bail in the News

A Tampa Bay, FLA. man accused of setting his estranged wife on fire and hitting her in the head with a hammer will be held without bail at least until Tuesday.

Hillsborough Circuit Judge Walter R. Heinrich said he didn’t have enough information to make a decision today on whether to allow bail for Christopher Hanney. He set the case for a hearing Tuesday.

Hanney, 44, is charged with attempted first-degree murder. He was arrested Wednesday at Tampa General Hospital and transferred to Orient Road Jail.

Authorities said Hanney confronted Audrey Mabrey, 26, on Tuesday at the home they shared at 7565 Oxford Gardens Circle in Apollo Beach.

Someone called 911 reporting a domestic dispute at the home and said that someone had dumped an accelerant on the other and might have set the house on fire.

Deputies said Mabrey ran from the home with her clothing in flames. A neighbor extinguished the fire.

Mabrey was transported to TGH with burns on 80 percent of her body. She remains in critical condition.

The judge told prosecutors he wanted an update on Mabrey’s condition at Tuesday’s hearing.

Deputies also responded to the home Oct. 20 when Mabrey accused Hanney of pushing her around and trying to rape her.

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Nov 17 2009

What does the bail agent do for the consumer?

Posted by Paul Repetti in Thoughts

The bail agent provides an avenue for the incarcerated person to be out of custody until his/her day in court, allowing the defendant to continue his/her day-to-day life until the criminal matter is resolved. The bail agent will provide the following:

  • Receipts and copies of all signed documents.
  • Information regarding the status of the bond and changes in assigned court dates.
  • The status of any costs due, as imposed by the court.
  • Assistance in locating the defendant should a forfeiture occur.
  • Appearance before the court regarding the bail bond when such appearances are necessary (sometimes requiring the hiring of legal counsel).
  • The timely return of collateral upon exoneration of the bond.
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Nov 09 2009

Bail set at $1 million for suspended New Orleans cop facing rape charge

Posted by Paul Repetti in Bail in the News

A veteran New Orleans police officer accused of raping a woman has turned himself in and must post $1 million bond if he wants to await his trial outside jail.

Officer Henry L. Hollins, 46, surrendered to the Police Department’s Public Integrity Bureau on Friday about 9 p.m. after detectives informed him by phone that they had secured a warrant for his arrest, said Frank DeSalvo, his attorney.

Hollins was booked with one count of aggravated rape and one count of aggravated kidnapping. A judge later set his bond at $500,000 for each count, jail records show.

DeSalvo said Saturday that police officers can’t be expected to come up with that much bond. He plans to file a motion Monday to reduce the amount. “It’s ridiculous,” DeSalvo said. “It’s like setting no bond at all — on what appears to be a pretty weak case.”

Investigators accuse Hollins of handcuffing a woman at gunpoint June 30 and taking her in his squad car to a warehouse near Tchoupitoulas and Felicity streets. He then undressed her and raped her while she remained shackled, according to an application for an arrest warrant signed Friday afternoon by a magistrate commissioner.

The woman later filed a complaint with the Public Integrity Bureau.

Hollins, a 12-year NOPD veteran, has been suspended without pay, according to officer Jonette Williams, a department spokeswoman.

DeSalvo said the Public Integrity Bureau typically issues arrest warrants after reviewing complaints, but the application for Hollins’ arrest warrant was prepared by an investigator in the district attorney’s office.

If Public Integrity Bureau investigators thought they had a case, “trust me, they would have arrested him themselves and not referred the case to the DA,” DeSalvo said.

DeSalvo alleged the woman is a prostitute and said she has “no physical evidence” backing her claims. She isn’t identified by name or age in the application for Hollins’ arrest warrant.

Hollins also faces accusations that he punched his wife in the mouth with a closed fist during the summer and pushed her to the floor, causing her to hit her face.

Officers booked him with domestic abuse battery Aug. 18. He appeared in Magistrate Court a day later, posted $10,000 bond and was released. Department officials then placed him on desk duty.

Hollins already was under investigation in connection with two other complaints, at least one of which could have been a crime, NOPD spokesman Bob Young said.

He is due back in court on the domestic abuse allegation Nov. 16.

See original article here

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