ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

House: JUD DP 6-4-0-0

HB 2831: failure; appear; surety; notice; rules

Sponsor:  Representative Kavanagh, LD 23

Caucus & COW

Overview

Provides notice by the court to a defendant's surety and bail bond agent if the defendant fails to appear. Authorizes a rule for relieving sureties of their liability when a defendant fails to appear.

History

The Arizona Constitution provides for bail for all but specified offenses (Art. 2, Sec. 22). A person charged with a bailable offense can be ordered released by a judicial officer either on his own recognizance or upon execution of bail (A.R.S. § 13-3967).

A bail bond is a contract where a surety provides for the release of a defendant and guarantees attendance in court and obedience to court orders during release. A bail bond agent is a licensed individual appointed by the surety to execute bail bonds (A.R.S. § 20-340).

A surety may be relieved from liability on an appearance bail bond if:

1)   The surety delivers the defendant to the sheriff on or before the date of the appearance;

2)   The defendant is in the custody of the sheriff and provides an affidavit; or

3)   The defendant is transferred to the custody of another government agency (A.R.S. § 13-3974).

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteRequires a court to provide notice within one day of a defendant's failure to appear or the issuance of a warrant for the defendant's arrest if that defendant is released on an appearance bond. (Sec. 1)

2.   Permits the court to issue such notice either:

a)   Via email and at the physical address of a surety and bail bond agent; or

b)   By posting a notice on the court's website such that it is available to the surety and bail bond agent. (Sec. 1)

3.   Provides for the adoption of a rule before January 1, 2022 by the Supreme Court for the standardization of relieving sureties from liability on an appearance bond. (Sec. 2)

4.   Allows the Supreme Court rule to permit deviation form the standards by up to 20% by a judge. (Sec. 2)

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8.                     HB 2831

9.   Initials LC/AF        Page 0 Caucus & COW

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