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SF 400

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to criminal procedure; providing for criminal
bail bond forfeitures and procedures; amending
Minnesota Statutes 2004, sections 629.53; 629.63;
proposing coding for new law in Minnesota Statutes,
chapter 629.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 629.53, is
amended to read:


629.53 PROVIDING RELEASE ON BAIL; COMMITMENT.

new text begin Subdivision 1. new text end

new text begin Bail; release. new text end

A person charged with a
criminal offense may be released with or without bail in
accordance with rule 6.02 of the Rules of Criminal Procedure.

new text begin Subd. 2. new text end

new text begin Requiring cash bonds of no less than 20
percent.
new text end

new text begin Notwithstanding any other law or rule, when the judge
sets monetary conditions for release of a person charged with an
offense, the requirements must include:
new text end

new text begin (1) execution of an appearance bond in an amount set by the
court with sufficient sureties; or
new text end

new text begin (2) execution of an unsecured bond accompanied by the
deposit of cash equal to no less than 20 percent of the bond's
face amount.
new text end

new text begin Subd. 3. new text end

new text begin Prohibiting judicial sureties. new text end

new text begin Absolutely no
judge, court, or judicial officer may act as surety for the
release of a person charged with an offense.
new text end

new text begin Subd. 4. new text end

new text begin Money bail. new text end

Money bail is the property of the
accused, whether deposited by that person or by a third person
on the accused's behalf. When money bail is accepted by a
judge, that judge shall order it to be deposited with the court
administrator. The court administrator shall retain it until
the final disposition of the case and the final order of the
court disposing of the case. Upon release, the amount released
must be paid to the deleted text begin accused personally deleted text end new text begin depositing party new text end or upon
that person's written order. In case of conviction, the judge
may order the money bail deposit to be applied to any fine or
restitution imposed on the defendant by the court and, if the
fine or restitution is less than the deposit, order the balance
to be paid to the deleted text begin defendant deleted text end new text begin depositing partynew text end . Money bail
deposited with the court or any officer of it is exempt from
garnishment or levy under attachment or execution.

Sec. 2.

new text begin [629.581] FORFEITURE.
new text end

new text begin Subdivision 1. new text end

new text begin Open court declaration. new text end

new text begin A judge shall in
open court declare forfeited the undertaking of bail or the
money deposited as bail, only when a defendant fails to appear.
new text end

new text begin Subd. 2. new text end

new text begin Notice. new text end

new text begin (a) The court administrator shall
immediately notify the surety, and its writing agent, who
appears on the 702 appearance form of the forfeiture, by
certified mail. The administrator shall also execute a
certificate in the court's file. If the notice of forfeiture is
required to be mailed pursuant to this section, the 180-day
period provided for in this section shall be extended by a
period of five days to allow for the mailing.
new text end

new text begin (b) If the surety is an authorized corporate surety, and if
the bond plainly displays the mailing address of the corporate
surety and the bail agent, then notice of the forfeiture shall
be mailed to the surety at the address and to the bail agent,
and mailing alone to the surety or the bail agent does not
constitute compliance with this section.
new text end

new text begin (c) The surety and its agent shall be released of all
obligations under the appearance bond if any of the following
conditions apply:
new text end

new text begin (1) the court administrator fails to send by certified mail
the notice of forfeiture in accordance with this section
immediately within the entry of the forfeiture and not exceeding
24 hours;
new text end

new text begin (2) the administrator fails to send by certified mail the
notice of the forfeiture to the surety and agent at the address
printed on the bond; or
new text end

new text begin (3) the administrator fails to mail a copy of the notice of
the forfeiture to the bail agent at the address shown on the
bond.
new text end

new text begin Subd. 3. new text end

new text begin 180-day period. new text end

new text begin (a) If the defendant appears
either voluntarily or in custody in the court within 180 days of
the date of forfeiture or within 180 days of the date of mailing
of the notice if the notice is required under subdivision 2,
paragraph (b), the court shall direct the order of forfeiture to
be vacated and the bond exonerated. If the court fails to act,
then the surety's obligations under the bond shall be
immediately vacated and the bond, without motion to the court
and penalty, shall be exonerated and immediately discharged.
new text end

new text begin (b) If the defendant is outside the jurisdiction where the
case is located and is surrendered or in custody or is arrested
in the underlying case or for additional charges and within the
180-day period, the court shall vacate the forfeiture and
exonerate the bail upon the affidavit of the surety or its
agents as it may appear on the 702 form.
new text end

new text begin Subd. 4. new text end

new text begin Vacate forfeiture when in custody beyond court
jurisdiction.
new text end

new text begin In all cases where a defendant is in custody
beyond the jurisdiction of the court that ordered the bail
forfeited, and the prosecuting agency elects not to seek
extradition after being informed of the location of the
defendant, the court shall vacate the forfeiture and exonerate
the bond.
new text end

new text begin Subd. 5. new text end

new text begin Vacate forfeiture under certain
circumstances.
new text end

new text begin The court shall vacate the forfeiture and
exonerate the bond in all cases of forfeiture where a defendant
is not in custody and is beyond the jurisdiction of court if the
defendant:
new text end

new text begin (1) is temporarily detained by the bail agent or its
assigned representatives in the presence of a local law
enforcement officer of the jurisdiction in which the defendant
is located and in custody;
new text end

new text begin (2) is positively identified by the law enforcement officer
as the defendant in an affidavit signed under penalty or
perjury; and
new text end

new text begin (3) the prosecuting attorney elects not to seek extradition
after being informed of the location of the defendant.
new text end

Sec. 3.

Minnesota Statutes 2004, section 629.63, is
amended to read:


629.63 CONDITIONS UNDER WHICH SURETY MAY ARREST
DEFENDANT.

deleted text begin If deleted text end new text begin (a) new text end A surety deleted text begin believes that a deleted text end new text begin can revoke and discharge a
bond upon that
new text end defendant deleted text begin for deleted text end whom the surety is acting as
bonding agent new text begin if the surety believes the defendant new text end is (1) about
to flee, (2) will not appear as required by the defendant's
recognizance, or (3) will otherwise not perform the conditions
of the recognizancedeleted text begin ,deleted text end new text begin .new text end The surety may arrest new text begin upon affidavit to
the sheriff and without a warrant from the court
new text end or have another
person deleted text begin or the sheriff arrest the defendant deleted text end new text begin , at the surety's
direction, arrest and surrender the defendant to the sheriff
new text end .

If the surety or another person at the surety's direction
arrests the defendant, the surety or the other person shall take
the defendant before the judge before whom the defendant was
required to appear and surrender the defendant to that judge.

If the surety wants the sheriff to arrest the defendant,
the surety shall deliver a certified copy of the recognizance
under which the defendant is held to the sheriff, with a
direction endorsed on the recognizance requiring the sheriff to
arrest the defendant deleted text begin and bring the defendant before the
appropriate judge
deleted text end .

deleted text begin Upon receiving a certified copy of the recognizance and
payment of the sheriff's fees, the sheriff shall arrest the
defendant and bring the defendant before the judge.
deleted text end

deleted text begin Before deleted text end new text begin (b) new text end A surety who has arrested a defendant who has
violated the conditions of release may deleted text begin personally deleted text end new text begin without court
order
new text end surrender the defendant to the deleted text begin appropriate judge, the
surety shall notify the
deleted text end sheriff. If the defendant at the
hearing before the judge is unable to post increased bail or
meet alternative conditions of release in accordance with Rule
6.03 of the Rules of Criminal Procedure, the sheriff or a deputy
shall take the defendant into custody.

new text begin (c) The court shall order the surety or defendant, or both,
to reimburse a law enforcement agency that has incurred costs in
transporting a defendant to the jurisdiction of the warrant for
arrest. Reimbursable costs include mileage, officers' wages,
meals, lodging, and any other documented transportation-related
costs. The law enforcement agency shall file with the court a
reimbursement request for these expenses. Reimbursement under
this paragraph may not exceed the lesser of ten percent of the
face amount of the bail bond, or $750.
new text end