77-20-501. Liability on a bail bond — Failure to appear — Notice to surety.
(1)
Terms Used In Utah Code 77-20-501
Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Forfeiture: means :
(a)
to divest an individual or surety from a right to the repayment of monetary bail; or
(b)
to enforce a pledge of assets or real or personal property from an individual or surety used to secure an individual's pretrial release. See Utah Code 77-20-102
Surety: means a surety insurer or a bail bond agency. See Utah Code 77-20-102
(a)
Unless exonerated under Subsection 77-20-504(5), the principal and the surety on a bail bond are liable on the bail bond during all proceedings and for all court appearances required of the defendant up to and including the surrender of the defendant for sentencing, regardless of any contrary provision in the bail bond agreement.
(b)
Any failure of the defendant to appear when required is a breach of the conditions of the bail bond and subjects the bail bond to forfeiture regardless of whether notice of the required appearance was given to the surety.
(2)
(a)
If a defendant, who has posted monetary bail by a bail bond, fails to appear before the appropriate court as required, the court shall:
(i)
within 28 days after the day on which the defendant fails to appear, issue a bench warrant that includes the original case number; and
(ii)
direct the clerk of the court to notify the surety of the defendant’s failure to appear.
(b)
The clerk of the court shall:
(i)
email notice of the defendant’s failure to appear to the surety at the email address provided on the bond;
(ii)
notify the surety as listed on the bail bond of the name, address, and telephone number of the prosecuting attorney;
(iii)
email a copy of the notice sent under Subsection (2)(b)(i) to the prosecuting attorney’s office at the same time notice is sent under Subsection (2)(b)(i); and
(iv)
ensure that the name, address, business email address, and telephone number of the surety or the surety’s agent as listed on the bail bond is stated on the bench warrant.
(3)
The prosecuting attorney may email notice of the defendant’s failure to appear to the address of the surety as listed on the bail bond within 35 days after the day on which the defendant fails to appear.
(4)
(a)
(i)
If a defendant appears in court within seven days after a missed, scheduled court appearance, the court may reinstate the bail bond without further notice to the surety.
(ii)
If the defendant, while in custody, appears on the case for which the bail bond was posted, the court may not reinstate the bail bond without the consent of the bail bond company.
(b)
If a defendant fails to appear within seven days after a scheduled court appearance, the court may not reinstate the bail bond without the consent of the surety.
Renumbered and Amended by Chapter 4, 2021 Special Session 2
