No. CS/CS/HB 1017
Filed under Criminal Justice.
Bail Bonds; Revises requirements for approval & certification as approved limited surety agent & professional bail bond agent prelicensing school; authorizes bail bond agents & agencies to accept certain fees or charges; prohibits virtual offices; revises provisions relating to pretrial release and detention; revises criteria court must consider in making specified determinations; revises duties and responsibilities of clerk of court relating to bonds and forfeiture of bonds; removes and revises certain provisions relating to sureties and ownership of property, justification of suretyship, provision of information, access to jails, and liability; revises provisions relating to deposit of bail money; revises provisions relating to bond forfeiture and discharge of forfeiture; requires sheriff to enter defendant's information in National Crime Information Center database for each felony warrant for failure to appear; revises provisions relating to remission of forfeiture; revises provisions relating to bond cancellation; specifies limits on effect of original appearance bond; specifies that the clerk of court does not have standing to object to reinstatement of bond; removes provisions relating to guaranteed arrest bond certificates as cash bail; authorizes pretrial detention of certain defendants arrested for certain dangerous crimes.
Plain English Summary
AI-GENERATEDThe state attorney must now move to detain defendants charged with specific dangerous crimes, including DUI and burglary, if probable cause exists. This expands the list of offenses triggering mandatory detention requests.
Bail bond agents may now charge separate credit card and mobile payment fees on top of the standard premium. Agencies are also prohibited from operating out of virtual offices that only provide a professional address.
Courts must apply a fixed, declining percentage schedule for remitting bond forfeitures based on how quickly a defendant is surrendered. The deadline to apply for remission is extended from two years to thirty-seven months.
Bail bonds are automatically discharged by the clerk of court thirty-six months after posting, or immediately upon a final adjudication of guilt or innocence. This prevents bonds from remaining active indefinitely.
AIExtends the deadline to apply for remission from 2 years to 37 months and replaces discretionary remission with a fixed, declining percentage schedule based on the time elapsed after forfeiture.
AIMandates specific remission percentages (ranging from 100% down to 45%) based on the number of days after forfeiture that the defendant is surrendered or apprehended, provided the delay did not thwart prosecution.
AIRequires the clerk of the court to discharge the bond upon an adjudication of guilt or innocence, or automatically after 36 months have passed since the bond was posted.
AIAdds specific offenses, including DUI, felony battery, and burglary, to the list of dangerous crimes for which the state attorney must move for pretrial detention if probable cause exists.
AIAgents can now charge credit card processing and mobile payment fees on top of the standard premium.
AIBail bond agencies cannot operate from a virtual office that only provides a professional address and mail handling.
AIPrelicensing schools must offer 80-hour in-person courses instead of 120-hour classroom instruction courses.
AIDefendants can now pay bail using currency, money orders, or cashier's checks, not just surety bonds.