Provides for the forfeiture and allocation of bail monies (former HB 280)
February 5, 2019 08:17 AM to All House Members
Circulated By
Representative Sheryl Delozier
R House District 88
Memo
In the near future I plan to reintroduce former HB 280 from last session in order to enhance the recovery of restitution for those who are the victims of crime.
This bill provides that any money posted by the defendant as bail, which would otherwise be returnable, shall be applied first to the payment of any outstanding restitution, fees, fines or costs owed by the defendant in any criminal or delinquency case. In addition, any money posted by a third party as bail on the defendant’s behalf, which would otherwise be returnable, also will be applied to such payment, provided the prosecutor files a motion seeking deduction and the court finds no undue hardship would be inflicted upon the third party depositor.
Written notice of this requirement must be provided to the depositor (the person posting the bail money) prior to the acceptance of any deposit of bail money.
This legislation applies only to cash bail; it does not affect any other form of surety which may be posted to secure a defendant’s appearance.
This bill provides that any money posted by the defendant as bail, which would otherwise be returnable, shall be applied first to the payment of any outstanding restitution, fees, fines or costs owed by the defendant in any criminal or delinquency case. In addition, any money posted by a third party as bail on the defendant’s behalf, which would otherwise be returnable, also will be applied to such payment, provided the prosecutor files a motion seeking deduction and the court finds no undue hardship would be inflicted upon the third party depositor.
Written notice of this requirement must be provided to the depositor (the person posting the bail money) prior to the acceptance of any deposit of bail money.
This legislation applies only to cash bail; it does not affect any other form of surety which may be posted to secure a defendant’s appearance.
Legislation
Document - Introduced as HB 586
Last updated on February 22, 2019 10:10 AM
Provides for the forfeiture and allocation of bail monies (former HB 280)
February 5, 2019 08:17 AM to All House Members
Circulated By
DELOZIER
Memo
In the near future I plan to reintroduce former HB 280 from last session in order to enhance the recovery of restitution for those who are the victims of crime.
This bill provides that any money posted by the defendant as bail, which would otherwise be returnable, shall be applied first to the payment of any outstanding restitution, fees, fines or costs owed by the defendant in any criminal or delinquency case. In addition, any money posted by a third party as bail on the defendant’s behalf, which would otherwise be returnable, also will be applied to such payment, provided the prosecutor files a motion seeking deduction and the court finds no undue hardship would be inflicted upon the third party depositor.
Written notice of this requirement must be provided to the depositor (the person posting the bail money) prior to the acceptance of any deposit of bail money.
This legislation applies only to cash bail; it does not affect any other form of surety which may be posted to secure a defendant’s appearance.
This bill provides that any money posted by the defendant as bail, which would otherwise be returnable, shall be applied first to the payment of any outstanding restitution, fees, fines or costs owed by the defendant in any criminal or delinquency case. In addition, any money posted by a third party as bail on the defendant’s behalf, which would otherwise be returnable, also will be applied to such payment, provided the prosecutor files a motion seeking deduction and the court finds no undue hardship would be inflicted upon the third party depositor.
Written notice of this requirement must be provided to the depositor (the person posting the bail money) prior to the acceptance of any deposit of bail money.
This legislation applies only to cash bail; it does not affect any other form of surety which may be posted to secure a defendant’s appearance.
Document
Introduced as HB 586
Last Updated
February 22, 2019 10:10 AM
Generated 04/29/2025 08:55 AM