2015 Bail Bond Legislative Log May 4, 2015 State Bill Sponsor Description AL H 35 Hill Provides a specific unearned premiums reserve bail surety

Please download to get full document.

View again

of 18
All materials on our website are shared by users. If you have any questions about copyright issues, please report us to resolve them. We are always happy to assist you.
Information Report
Category:

Graphic Art

Published:

Views: 0 | Pages: 18

Extension: PDF | Download: 0

Share
Related documents
Description
2015 Bail Bond Legislative Log May 4, 2015 State Bill Sponsor Description AL H 35 Hill Provides a specific unearned premiums reserve bail surety insurers as an alternative to the general requirements for
Transcript
2015 Bail Bond Legislative Log May 4, 2015 State Bill Sponsor Description AL H 35 Hill Provides a specific unearned premiums reserve bail surety insurers as an alternative to the general requirements for other surety insurers. From Insurance. Do Pass 18MAR15 AL S 149 Blackwell Under existing law, all surety insurers are required to post an unearned premium reserve in the same manner as property and general casualty insurers. This bill would provide a specific unearned premium reserve for bail bond surety insurers as an alternative. Banking and Insurance 15MAR15 AL S 349 Holley Bail regulation overhaul bill. Revises certain provisions on those acting as a professional bail agent, a soliciting bail agent, a bail enforcement agent, or a professional bondsman. This bill would require a bail enforcement agency to report to the sheriff of the county in which he or she is attempting to locate a fugitive, would revise the procedures and time frames for the forfeiture of bail, and would revise provisions governing professional surety companies. Introduced 09APR15 AL S 350 Holley Agent licensure and CE revision bill. Prohibits a person from acting in the capacity as a professional bail agent, soliciting bail agent, bail enforcement agent, or professional bondsman, unless that person is qualified and licensed by the DOI. Also requires professional bondsmen and recovery agents to attend a 12-hour DOI instructional course and pass DOI examination. Also requires professional bondsmen and recovery agents to complete annually 8-CE hours. Introduced 09APR15 AL S 384 Waggoner Creates the Alabama Bail Bond Regulatory Act to require professional bondsmen and recovery agents to register with the Alabama Professional Bail Bonding Board created by same act. Introduced 16APR15 AZ H 2164 Borrelli Factors/procedures to be considered by judicial officer in setting OR or bail, including danger to community. Enacted 30MAR15 AZ H 2601 Friese Firearms bill. Adds provision re danger defendant poses to community in setting of bail. (Prohibits such from possession of firearm.) Introduced 04FEB15 AZ S 1269 Bradley Firearms bill. Adds provision re danger defendant poses to community in setting of bail. (Prohibits such from possession of firearm.) PSMT 02FEB15 CA A 1082 Linder Motion to extend time. To give the DA 12 vice 10 days written notice prior to hearing. Public Safety Amended/subst. 26MAR15 CA AB 1351 Eggman Pretrial diversion bill. New rules for entrance into such programs. Court can terminate accused s participation and reinstate proceedings. Public Safety Amended/subst. 26MAR15 CA AB 1406 Gordon Creates a $30 bond fee in favor of the Department of Insurance Bail Investigation and Prosecution Fund. Introduced 27FEB15 CA A 1515 Insurance Insurance bill a provision of which sets out hours of training for bail recovery agents depending on date of license. Insurance. Amended/subst. 06APR15 CT H 6734 Insurance & Real Estate Increases minimum down payment (50% vice 35%) from principal or indemnitor for premium financing agreement with a surety agent, (2) allows filing of a civil action for appropriate relief and permits a surety agent to apply to the Superior Court to be released from a bond when the balance of the promissory note has not been paid in full by the due date or a payment due is more than sixty days in arrears. Other provisions re CE classes. Insurance & Real Estate 05FEB15 CT H 6766 Lopes Requires the Insurance Commissioner to establish continuing education requirements for surety bail bond agents. Insurance & Real Estate 09FEB15 CT S 653 Looney To allow in the case of nonviolent offenders who do not have the means to post bail an alternative pretrial release system. Judiciary 23JAN15 CT S 662 Coleman To prohibit a judge, absent good cause, from setting a bail amount in excess of five thousand dollars in the case of a person charged only with a misdemeanor. Judiciary 23JAN15 CT S 1031 Judiciary To ensure that bail is not abused and that accused s ability to assist in the preparation of defense is not unnecessarily interfered with. Misdemeanor bail shall not exceed $5,000, except for good cause. Judiciary Amended/subst. 15APR15 CT S 1033 Judiciary Omnibus court bill a provision of which eliminates the statutory requirement for a bond for prosecution or recognizance. CT S 1105 Judiciary Criminal justice revision bill. Deals with forfeiture defenses. Exoneration if agent paid state for costs of extradition. Judiciary 13MAR15 DE S 18 Marshal Pretrial detention. Constitutional amendment will begin the process of modernizing Delaware's bail provisions, and clarifying the power of the General Assembly and the Courts to define certain felony offenses for which, and circumstances under which, pre-trial release or bail may not be available. Introduced 27JAN15 FL HB 717 Raschein Enforceability of orders of no contact as part of pretrial release; specifies acts prohibited by no contact order. Amended/subst. 20MAR15 FL HB 1257 Miller Revises requirements to own, control, or otherwise have a pecuniary interest in an bond agency [e.g. must have 5 yrs as an agent]; the eligibility requirements for bail bond agent applicants; circumstances under which, while on bond, a breach of the bail bond conditions occurs; the circumstances under which a court must discharge a bond forfeiture, etc. Judiciary Amended/subst. 10MAR15 FL SB 342 Simmons Enforceability of orders of no contact as part of pretrial release; specifies acts of prohibited by no contact order. Judiciary Amended/subs 10MAR15 FL SB 1150 Grimsley Revising the requirements for a person to own, control, or otherwise have a pecuniary interest in a bail bond agency. Introduced 03MAR15 GA SB 195 Williams Increases fees allowed for continuing education; bench warrants issued at the end of each court day; provides notices being sent via . Sent to Governor 09APR15 GA HB 310 Powell, et al Creates Board of Community Supervision. Sent to Governor 06APR15 HI H 6 Thielen Expands conditions under which bail may be denied to repeat offenders, e.g. violence against a person. Introduced 22JAN15 HI S 1331 Espero Requires pretrial risk assessments, pretrial bail reports, and arraignments to be completed within five working days after an arrest. Judicial officers cannot deny bail absent a pretrial risk assessment score that reflects a high risk of flight or new criminal offense. Judicial officers cannot rely on bail schedule or bail amount. Introduced 29JAN15 ID H 63 Judiciary Rules Removes a provision relating to a bench warrant for a bailable offense; and to provide for the setting of bail when a defendant fails to appear before the court under certain conditions. Judiciary, Rules & Administration ID H0158 Regarding setting bail, or not, on a bench warrant. Enacted 30MAR15 KS H 2056 Corrections Licensure of bail enforcement agents by the attorney general. Corrections and Juvenile Justice 12MAR15 KS H 2141 Committee on Corrections and Juvenile Justice KS S 90 Committee on Corrections and Juvenile Justice Licensure of bail enforcement agents by the attorney general. Corrections and Juvenile Justice 27JAN15 Licensure of bail enforcement agents by the attorney general. Corrections and Juvenile Justice. Amend/subst. 11FEB15 KS S 140 Judiciary Relating to the forfeiture of appearance bonds. Bond can be forfeited only for nonappearance. Forfeiture can be set aside for just cause. No judgment against obligor until 60 days after service. Judiciary 03FEB15 KY H 284 Yonts Requires that certain findings utilized in pretrial release decisions be made by clear and convincing evidence. Relates to a denial of release based on flight risk or danger to public. Senate Hearing 17MAR15 LA H 69 James Provides for the collection of additional court costs in Baton Rouge City Court to fund technology enhancements. From committee 22APR15 LA H 251 Lopinto Authorizes use of contradictory hearing prior to release on bail in certain domestic abuses cases. Introduced 13APR15 LA S 35 Smith Certain sexual offenses. Violations of conditions of bail, e.g. results in forfeiture. Prefiled 20MAR15 LA S 36 Amedee Protective orders as bail restrictions. Data to be transmitted from the courts to Louisiana Protective Order Registry. Prefiled 20MaR15 LA S 59 Ward Relates to the withdrawal of deposits by domestic insurers. Passed Senate 22APR15 MA H 1210 Cabral Liberalizes setting of bail. More OR, less surety. Senate concurred 10MAR15 MA H 1387 Hunt Concerning bail fees. Senate concurred 10MAR15 MA H 1486 Markey Community corrections for pre-trial detainees. Senate concurred 10MAR15 MA H 1584 Sannicandro Reforms pretrial process. Use of risk assessment. Sets up pretrial services. Officer setting bail shall not impose a financial condition that results in the pretrial detention of the person. Senate concurred 10MAR15 MA H 1631 Toomey Concerning bail fees. Senate concurred 10MAR15 (Like S 800) MA S 767 Creem A probationer charged with violating the terms of his probation shall be admitted to bail pending a final surrender hearing. Senate concurred 10MAR15 MA S 776 Creem Default warrant. A warrant issued because a person has forfeited or made default upon bail bond or recognizance or has been surrendered by a probation officer may be designated as a default warrant. Introduced 16JAN15 MA S 800 DiDomenico (Like H 1631) Bail fee raised from $40 to $60. Introduced 16JAN15 MA S 802 Donnelly Reforms pretrial procedures. Sets up regulations/procedures, training, and duties of pretrial services which shall collect and present necessary information to compile and present risk assessments scores & create or chose a risk assessment tool. Eliminates term bail in favor of secured or unsecured bond. Introduced 16JAN15 MA S 949 Timilty Bail review procedures bill. Introduced 16JAN15 MA S 1275 Jehlen Use of community corrections for pre-trial detainees and criminal defendants. Participation may be ordered by the court, in lieu of bail, or as a condition of release. Introduced 16JAN15 MD H 120 Vallario (Chair of Judiciary) MD H 361 Vallario (Chair of Judiciary) Deals with FTA & rescheduling. Penalties for willful FTA after 30 days post court s forfeiture declaration. In issuing warrant, judge may also set bond. Under certain conditions, judge may strike warrant and reschedule. To governor 08APR15 Proposes amendment to the MD Constitution that indigent defendant is entitled to government-funded legal representation (at the times and under the circumstances provided by statute and court rule), and that a specified constitutional provision may not be construed to require government-funded legal representation of indigent defendant at initial appearance. From Judiciary to House Economic Matters. 11MAR15 MD H 494 Anderson Pretrial release. Change by summons. Passed House to Senate Judicial Proceedings 01APR15 MD H 530 Anderson Representation by PD to an indigent at a bail hearing shall be limited solely to the bail hearing and terminate automatically at the conclusion of the hearing. Passed Houst to Senate Judicial Proceeding 12MAR15 ME SP 385 Brakey Bill is a concept draft pursuant to Joint Rule 208.It proposes to amend the standards for preconviction release by eliminating cash bail and requiring a judge or justice when making bail determinations to consider validated risk assessment tools. The purpose of this bill is to shift the emphasis from cash to suitability for release based on risk. Introduced 26MAR15 ME HP 793 Picchiotti Requires a minimum cash bail of $4,000 for a charge of assault & domestic violence assault; $2,000 for threatening; must participate in an EM program, & pay the full cost of participation. Introduced 31MAR15 MN SF 878 Latz Omnibus judiciary policy bill with provisions prohibiting a bondsman or bail enforcement agent from wearing uniform or driving a vehicle the color of law enforcement. Passed Senate 24APR15 MO H 1300 Gardner Conditions of setting bail. Introduced 12MAR15 MO S 452 Schmitt No FTA if the criminal matter solely involves certain traffic-related infractions. Passed Senate and House 27MAR15 MS H 555 Gipson Aggravated domestic violence. When the court has imposed upon the defendant the conditions set out in this section, the court shall release the bail bond. To governor 08APR15 MT S 223 Vance Revision of bail laws. Surety company may not arrest defendant prior to forfeiture declaration if defendant owes surety a debt. Time certain changed from 90 to 180 days. Tabled in House Judiciary 13MAR15 NC H 446 Wray Increases age [21 vice 18] of qualification for agent or runner, lengthens time limit [15 vice 3 days] for the return of security to include period in which an appeal from district court may be filed, requires the COI to return balance agent's security deposit above liability if agent ceases writing bonds, & provides agent s access to certain automated information AOC systems. Introduced 02APR15 NC H 641 Reives Revises the statutes governing Bail agents by clarifying the statutes on return of premium (within 72 hours, if principal is surrendered early), arrest orders (for pre-forfeiture surrender), and appointment of surety bondsmen (previous carrier must release agent re fiscal obligations), by broadening pool of CE providers and by making various other changes to the bail agent laws. Amended/subst. 27APR15 NC S 508 Randelman Limit of 36 months for liability of bond. Forfeiture defenses. Suspension of ability to write for Failure to pay forfeiture judgment. Passed Senate 29APR15 ND H 1126 Judiciary A person may not act as a bail agent unless that person is appointed. However, a private person can post real or other property as security for a bond if he does not receive compensation. No freelance bail recovery. Passed House Amended/subst. 23APR15 ND S 2270 Armstrong Relating to commissions, premiums, and fees charged by bail bond agents. Enacted 01APR15 NV A 69 Judiciary Overall court paperwork reduction bill, part of which removes provisions requiring courts to provide to the Court Administrator copies of certain orders relating to bail forfeitures. Passed Assembly 06APR15 NV S 369 Judiciary Overall court paperwork reduction bill, part of which removes provisions requiring courts to provide to the Court Administrator copies of certain orders relating to bail forfeitures. Amended 08APR15 NH H 573 Therberge The commissioner of safety may issue an individual license to a person licensed as a private investigator, bail enforcement agent or security guard and authorize endorsements on the license and identification card showing multiple licensure. 40hr training session required. Introduced 08JAN15 NH H 648 Sullivan Requires detention until arraignment for persons arrested for violation of a domestic violence or stalking protective order and increases the fee for bail commissioners ($40 to $60.) Judiciary 0930 Hearing 31MAR15 NJ A 4259 Eustace Requires photographic identification cards for bail agents. Judiciary 02MAR15 NJ S 2379 Vitale Requires establishment of processes to identify Medicaid eligible incarcerated individuals who are awaiting pre-trial release determinations. Passed Senate to Assembly Appropriations 19MAR15 NJ S 2381 Lesniak Permits successful completion of special probation drug court program notwithstanding use of medication-assisted treatment. Passed Senate to Assembly Judiciary 19MAR15 NM H 483 Pacheco OR for some offenses but not domestic abuse or drunk driving. Introduced 01FEB15 NM H 545 Maez Limits pretrial custody to 48 hours on charges for certain offenses. Introduced 03FEB15 NM S 505 Torraco All percent bonds or property bonds set by a court may be posted by a licensed bail bondsman pursuant to the Bail Bondsmen Licensing Law, provided that the paid surety shall also execute a bail bond for the full amount of the bail set by the court. Introduced 24JAN15 NM S 538 Stewart Limits pretrial detention for certain misdemeanors. Judiciary 02MAR15 NM S 545 Maez Limits pretrial custody to 48 hours on charges for certain offenses. House Safety and Civil Affairs 05FEB15 NM S 557 Candelaria OR for some offenses but not domestic abuse or drunk driving. Judiciary 02MAR15 NM S 671 Candelaria Upon delivery of defendant, courts shall vacate forfeiture hearing and exonerate bond. Judiciary 13MAR15 NY A 69 Simanowitz Authorizes detention when a defendant presents a clear and convincing likelihood of danger to society, the community or any person. Introduced 07JAN14 NY A 1700 Montesano EBT card not to be used for bail. Codes 12JAN15 NY A 1754 Crouch Lenient bail (and sentencing) determinations. Court may revoke or fix bail to be sufficient. Codes 12JAN15 NY A 1755 Zebowski Requires court review of domestic violence bail applications. Codes 12JAN15 NY A 3284 Aubry Requires a criminal court to release a defendant charged with certain offenses involving marijuana on OR in contemplation of dismissal. Codes 22JAN15 NY A 3798 Tenney The power of courts to deny orders of recognizance or bail where the defendant poses a risk of danger to the community. Codes 26JAN15 NY A 3865 Wright Does not permit a defendant to remain at liberty on bail pursuant to a subsequent felony charge. Exception in some cases. Codes 26JAN15 NY A 4008 Tenny Permits diversion program for alcohol and substance abuse offenders. Codes 18JAN15 NY A 4209 Titus Courts to exonerate bail and order recognizance when no grand jury action has occurred for 45 days from arraignment, except for good cause. Codes 29JAN15 NY A 6255 Rosenthal Prohibits removal from the judicial diversion program of defendants with opioid addictions. Codes 25MAR15 NY A 7028 Lenthol Revises the procedures regulating the release of persons charged with criminal offenses pending trial. Considers not only (1) likelihood of appearance but (2) safety to public. Codes 20APR15 NY S 839 Robach For crimes involving domestic violence, amends the criminal procedure in relation to certain factors when determining recognizance or bail. Codes 06JAN15 NY A 4516 Clark Person arrested for domestic violence forfeit bail when violating an order of protection. Codes 03FEB15 NY S 3183 Stavisky Requires court review of domestic violence bail applications. Codes 03FEB15 NY S 3824 Venditto Amends general business law, re licenses for private investigators, bail enforcement agents and watch, guard or patrol agencies. Codes 18FEB15 NY S1901 Bonacic Allows authorized court to assign pretrial offenders to diversion program for alcohol and substance abuse. Codes 15JAN15 NY S 4239 Murphy Prohibits removal from the judicial diversion program of defendants with opioid addictions. Codes Amended/subst. 24MAR15 OK H 1033 Kirby Re multi-county license requirements and transfer of same. Requires submission of audited financial statements setting forth assets minus liabilities to DOI. Deposit requirements. Deleting certain filing requirements and fees. Enacted 21APR15 OK H 1874 Shelton Eliminating certain bail licensing requirements. Rules 03FEB15 OK H 2042 Young Drug court bill. When an offender is admitted to the drug program, any bail or undertaking shall be exonerated. Judiciary 17MAR15 OK S 78 Anderson Pretrial bail schedule; modifying applicability. Judicial district to set bail schedule in numerical dollar amount. Judge can use pretrial services except when commercial bail is used. Judicary 03FEB15 OK S 101 Allen Changing eligibility for certain persons to be bail bondsmen; authorizing restaurant owners where alcohol is served and certain persons to be licensed bail bondsmen upon certain conditions; defining terms; prohibiting executing duties or having an office on certain premises. Passed Seante to House Judiciary. Enacted 01MAY15 OK S 143 Paddack Relates to the Bail Enforcement and Licensing Act; prohibiting certain persons from licenses & requires requiring certain notification to the Council of Law Enforcement Education and Training. Public Safety 17MAR15 OK S 282 Newberry Exoneration of bonds. At any time before there has bee
Recommended
View more...
We Need Your Support
Thank you for visiting our website and your interest in our free products and services. We are nonprofit website to share and download documents. To the running of this website, we need your help to support us.

Thanks to everyone for your continued support.

No, Thanks