REFERENCE TITLE: failure; appear; surety; notice; rules

 

 

 

 

State of Arizona

House of Representatives

Fifty-fifth Legislature

First Regular Session

2021

 

 

 

HB 2831

 

Introduced by

Representative Kavanagh

 

 

AN ACT

 

amending title 13, chapter 38, article 12, Arizona Revised Statutes, by adding section 13-3973; 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 section 13-3973, to read:

START_STATUTE13-3973. Failure to appear notifications

if a defendant who is released on an appearance bond fails to appear for a required court appearance, Within twenty-four hours after the court declares the defendant failed to appear or issues a warrant for the defendant's arrest, the court shall either:

1. 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 at the email and physical address that is included in the undertaking of bail.

2. Post a notice of the defendant's failure to appear on the court's website in a manner that is accessible by the surety and bail bond agent who is responsible for the defendant's appearance.

Sec. 2. Supreme court; bond exoneration table

Before January 1, 2022, the supreme court shall adopt a rule that requires the courts in this state to be more consistent when determining if a surety should be relieved from liability on an appearance bond and the amount of the exoneration, if any.  The rule shall include a table that provides the specific percentage of an appearance bond that may be exonerated based on the reason for the defendant's failure to appear, including when a defendant fails to appear because the defendant is deceased.  The rule may allow judicial discretion to deviate up to twenty percent from any specific percentage that is included in the table.