Title 77 - Utah Code of Criminal Procedure - Chapter 20b - Bail Surety - Section 104 - Forfeiture of bail. (Effective 10/1/2020)


Published: 2020-10-01

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Utah Code

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Effective 10/1/2020 Superseded 5/5/2021 77-20b-104 Forfeiture of bail. (1) If a surety or surety insurer fails to bring the defendant before the court within the time provided

in Section 77-20b-102, the prosecuting attorney may request the forfeiture of the bond by: (a) filing a motion for bond forfeiture with the court, supported by proof of notice to the surety or

surety insurer of the defendant's nonappearance; and (b) emailing a copy of the motion to the surety or surety insurer.

(2) A court shall enter judgment of bond forfeiture without further notice if the court finds by a preponderance of the evidence:

(a) the defendant failed to appear as required; (b) the surety or surety insurer was given notice of the defendant's nonappearance in accordance

with Section 77-20b-101; (c) the surety or surety insurer failed to bring the defendant to the court within the 90-day period

under Section 77-20b-102; and (d) the prosecutor has complied with the notice requirements under Subsection (1).

(3) If the surety or surety insurer shows by a preponderance of the evidence that it has failed to bring the defendant before the court because the defendant is deceased through no act of the surety or surety insurer, the court may not enter judgment of bond forfeiture and the bond is exonerated.

(4) The amount of the bond forfeited is the face amount of the bond, but if the defendant is in the custody of another jurisdiction and the state extradites or intends to extradite the defendant, the court may reduce the amount forfeited to the actual or estimated costs of returning the defendant to the court's jurisdiction. A judgment under Subsection (5) shall:

(a) identify the surety or surety insurer against whom judgment is granted; (b) specify the amount of the bond forfeited; (c) grant the forfeiture of the bond; and (d) be docketed by the clerk of the court in the civil judgment docket.

(5) A prosecutor may immediately commence collection proceedings to execute a judgment of bond forfeiture against the assets of the surety.