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House Engrossed
failure; appear; surety; notice; rules |
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State of Arizona House of Representatives Fifty-fifth Legislature First Regular Session 2021
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HOUSE BILL 2831 |
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AN ACT
amending title 13, chapter 38, article 12, Arizona Revised Statutes, by adding sections 13-3973 and 13-3975; relating to bail.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 13, chapter 38, article 12, Arizona Revised Statutes, is amended by adding sections 13-3973 and 13-3975, to read:
13-3973. Failure to appear notification
if a defendant who is released on an appearance bond fails to appear for a required court appearance and the court declares the defendant failed to appear and issues a warrant for the defendant's arrest, the court, pursuant to the time limits established by the Arizona rules of criminal procedure, shall Provide notice of the defendant's failure to appear to the surety and the bail bond agent who is responsible for the defendant's appearance. If the surety or bail bond agent provided an email address at the undertaking of bail, the notice shall be completed by email. If the surety or bail bond agent did not provide an email address, the court shall provide notice at the physical address that is included in the undertaking of bail.
13-3975. Mandatory bond exoneration or forfeiture
On the declaration by a court that a defendant who is released on an appearance bond has failed to appear, the court shall grant the bail bond agent who is liable for the defendant's appearance bond one hundred twenty days to compel the defendant's appearance before the court. If the defendant makes the appearance before the expiration of one hundred twenty days, the court shall fully exonerate the defendant's appearance bond. If the defendant does not make the appearance before or on the one hundred twentieth day, the appearance bond is completely forfeited.
Sec. 2. Effective date
This act is effective from and after December 31, 2021.