Bill Text: NJ A2536 | 2012-2013 | Regular Session | Introduced
Bill Title: Concerns the issuance and forfeiture of bail bonds.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-02-21 - Introduced, Referred to Assembly Law and Public Safety Committee [A2536 Detail]
Download: New_Jersey-2012-A2536-Introduced.html
Sponsored by:
Assemblyman GORDON M. JOHNSON
District 37 (Bergen)
SYNOPSIS
Concerns the issuance and forfeiture of bail bonds.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning bail bonds and supplementing Title 2A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. A bail bond shall be forfeited by a court only for the failure of a defendant to appear in court when so ordered; bail shall not be forfeited for any other condition. A court shall not assess or forfeit any money for any reason other than a defendant failing to appear in court when directed. A court may not assess or forfeit any money in the event a defendant is re-arrested for another offense while released on bail.
2. a. Pursuant to the schedule set forth in subsection b. of this section and together with any actual costs incurred by the State, a court shall set aside an order of forfeiture or judgment and exonerate the surety, or remit the money to the surety if the judgment had been paid, if a bench warrant is issued for a defendant's arrest and that defendant is returned to the custody of the court, or is deceased or incarcerated in another jurisdiction within the United States or any political subdivision thereof. Prior to such exoneration or remission, the surety shall demonstrate that it:
(1) engaged in monitoring efforts to ensure the defendant's appearance, or attempted at least once every three weeks to establish contact with a defendant who refused to respond; and
(2) either successfully apprehended the defendant or attempted to locate the defendant after receipt of a notice of bail forfeiture and bench warrant pursuant to section 3 of this act.
b. Monies shall be remitted pursuant to the following schedule:
|
Days After Notice: |
Amount |
|
Up to 45 days |
none |
|
Between 46 and up to 90 days |
1% |
|
Between 90 and up to 180 days |
2% |
|
Between 180 and up to 270 days |
3% |
|
Between 270 and up to 360 days |
4% |
|
Between 360 and up to 450 days |
5% |
|
Between 450 and up to 540 days |
6% |
|
Between 540 and up to 630 days |
7% |
|
Between 630 and up to 720 days |
8% |
|
Between 720 and up to 900 days |
9% |
|
Between 900 and up to 1080 days |
10% |
|
Between 1080 and up to 1260 days |
11% |
|
Between 1260 and up to 4 years |
12% |
3. When the court orders bail to be forfeited as a result of a defendant's failure to appear in court as required, notice of the bail forfeiture and a copy of the bench warrant shall be mailed to the surety company and bail agent who posted the bail within 20 days of the defendant's failure to appear. If notice is not mailed as required by this section, the court shall order the forfeiture set aside and the bail exonerated.
4. If a bench warrant has been issued for the arrest of a defendant, any law enforcement agency or county jail is authorized to accept the surrender of a defendant from a surety company, bail agent or agency or its authorized representatives.
5. For every bail bond or recognizance posted for the release of a defendant from custody or incarceration, a filing fee of $100 shall be paid to the appropriate court or other agency authorized to accept bail. No defendant shall be released from custody or incarceration unless the fee has been paid. A court may order the fee waived for indigent defendants released on their own recognizance. For corporate surety bonds, this fee may be collected from the defendant, or any other person on behalf of the defendant, in addition to the premium charged.
6. A corporate surety company shall not be precluded from writing bail, nor shall any of its agents be removed from the bail registry maintained by the Clerk of the Superior Court, if it has filed a motion to vacate a bail forfeiture and judgment and the defendant is in custody in the State of New Jersey, or has entered into an order to vacate the judgment that is awaiting a court's signature and formal entry.
7. This act shall take effect on the first day of the third month after enactment.
STATEMENT
This bill revises the law concerning bail bonds. Under the provisions of this bill, a bail bond could be forfeited by a court only for the failure of a defendant to appear in court; bail could not be forfeited for any other condition. The bill prohibits the court from assessing or forfeiting any money other than for a defendant's failure to appear. The court may not assess or forfeit any money in the event a defendant is re-arrested for another offense while released on bail.
Pursuant to the schedule set forth in the bill and together with any actual costs incurred by the State, a court is to set aside an order of forfeiture or judgment and exonerate the surety, or remit the money to the surety if the judgment had been paid, if a bench warrant is issued for a defendant's arrest and the defendant is returned to the custody of the court, or is deceased or incarcerated in another jurisdiction. In addition, the surety must demonstrate that, prior to the defendant's failure to appear, it monitored the defendant to ensure his or her appearance or that it attempted to contact the defendant at least once every three weeks. The surety must also demonstrate that it either successfully apprehended the defendant or attempted to locate the defendant after receipt of a notice of bail forfeiture and bench warrant.
When the court orders bail to be forfeited as a result of a defendant's failure to appear, notice of the bail forfeiture and a copy of the bench warrant are to be mailed to the surety company and bail agent who posted the bail within 20 days of the defendant's failure to appear. If notice is not mailed as required, the court is required to order the forfeiture set aside and the bail exonerated.
The bill provides that whenever a bench warrant has been issued for the arrest of a defendant, any law enforcement agency or county jail is authorized to accept the surrender of that defendant from a surety company, bail agent or agency or its authorized representatives.
For every bail bond or recognizance posted for the release of a defendant from custody or incarceration, the bill requires that a filing fee of $100 be paid to the appropriate court or other agency authorized to accept bail. No defendant is to be released from custody or incarceration unless the fee has been paid. A court may order the fee waived for an indigent defendants released on their own recognizance. For corporate surety bonds, this fee may be collected from the defendant, or any other person on behalf of the defendant, in addition to the premium charged.
Whenever bail is set by a court using the 10% option, a defendant may post a corporate surety bond in the amount of 50% of the total amount of a bond set by a Court in lieu of the 10%.
A corporate surety company would not be precluded from writing bail and none of its agents would be removed from the bail registry maintained in the Superior Court if it has filed a motion to vacate a bail forfeiture and judgment and the defendant is in custody in the State, or has entered into an order vacating the judgment that is awaiting a court's signature and formal entry.
