77-20-503. Surrender of defendant by surety — Arrest of defendant.
| (1) |
Terms Used In Utah Code 77-20-503- Arrest: Taking physical custody of a person by lawful authority.
- 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.
- Bail: means pretrial release. See Utah Code 77-20-102
- Bail bond: means the same as that term is defined in Section 31A-35-102. See Utah Code 77-20-102
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Surety: means a surety insurer or a bail bond agency. See Utah Code 77-20-102
- Writing: includes :Utah Code 68-3-12.5
| (a) |
| (i) |
A surety may at any time prior to a defendant’s failure to appear, surrender the defendant and obtain an exoneration of the bail bond by notifying the clerk of the court in which the bail bond was posted of the defendant’s surrender and requesting exoneration. |
| (ii) |
Notification shall be made immediately following the surrender by mail, email, or fax. |
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| (b) |
To effect surrender of the defendant, a certified copy of the surety’s bail bond from the court in which the bail bond was posted or a copy of the bail bond agreement with the defendant shall be delivered to the on-duty jailer, who shall:
| (i) |
detain the defendant in the on-duty jailer’s custody as upon a commitment; and |
| (ii) |
in writing acknowledge the surrender upon the copy of the bail bond or bail bond agreement. |
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| (c) |
The certified copy of the bail bond or copy of the bail bond agreement upon which the acknowledgment of surrender is endorsed shall be filed with the court. |
| (d) |
Upon a filing described in Subsection (1)(c), the court, upon proper application, may:
| (i) |
exonerate the bail bond; and |
| (ii) |
order a refund of any paid premium, or part of a premium, as the court finds just. |
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| (2) |
For the purpose of surrendering the defendant, the surety may:
| (a) |
arrest the defendant:
| (i) |
at any time before the defendant is finally exonerated; and |
| (ii) |
at any place within the state; and |
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| (b) |
surrender the defendant to any county jail booking facility in Utah. |
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| (3) |
An arrest under this section is not a basis for exoneration of the bail bond under Section 77-20-504. |
Renumbered and Amended by Chapter 4, 2021 Special Session 2
