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ACT NO. 124

(S.249)

Bail; bonds; probation; violation

This act amends the statutes regulating bail bonds by:

(1) Revising and updating statutory language, and adding definitions of key terms to reflect current terminology and procedure;

(2) Directing the court administrator to establish forms for appearance bonds, secured appearance bonds, surety bonds, peace bonds, and for use in the posting of bail;

(3) Clarifying that appearance bonds are filed with the clerk of court rather than the judge;

(4) Establishing a new motion and hearing procedure for enforcing an appearance bond or a surety bond when a defendant fails to appear as required in court;

(5) Permitting the court to return all or part of forfeited bail, bond or other security if the court finds the interests of justice would be served by doing so; and

(6) Repealing bail provisions which permit prosecution of bonds by private prosecutors.

The act also clarifies, when a person violates probation, the court may require the probationer to serve all or part of the existing sentence. This provision is retroactive to January 27, 2002, and any probation revocation imposed after that date and before this act’s effective date is subject to a motion to reconsider the disposition.

Effective Date: July 1, 2002, except for the section of the act regarding imposition of all or part of the existing sentence for a probation violation, which takes effect on June 5, 2002.