Bill Summary for Bill Number HB12-1316

Date: 04/24/2012

Final
BILL SUMMARY for HB12-1316

HOUSE COMMITTEE ON JUDICIARY

Votes: View-->	Action Taken:
Postpone indefinitely House Bill 12-1316. The moti	PASS

01:49 PM -- House Bill 12-1316

Representative Stephens, prime sponsor, asked the committee to postpone indefinitely House Bill 12-1316. The bill modifies recovery bond conditions for a defendant who is charged with a felony or class 1 or class 2 misdemeanor and is determined to be in the country illegally. Under current law, a defendant who is believed to be in the country illegally, with or without an Immigration and Customs Enforcement (ICE) detainer, may post bond and the bail bonding agent is required to execute a waiver that states the person understands that the bond or fees shall be forfeited if the defendant is removed from the country. This bill clarifies that these bond conditions only apply to persons with an ICE detainer and requires the following:

a law enforcement agency must notify the bail bonding agent in writing before the bond is posted and notify the district attorney's office and any pretrial services agency of the defendant's immigration status; and

if a defendant posts bond, the law enforcement agency must notify the district attorney of the posting of bond prior to notifying ICE that the defendant is eligible for release to their custody.

Under the bill, only the bond is eligible for forfeiture if the defendant is removed from the county; bail fees may be retained by the bail bonding agent.


BILL:	HB12-1316
TIME:	01:49:44 PM
MOVED:	Waller
MOTION:	Postpone indefinitely House Bill 12-1316. The motion passed on a vote of 10-0, with 1 excused.
SECONDED:	Barker
		VOTE
	DelGrosso	Yes
	Duran	Yes
	Kagan	Yes
	Lee	Yes
	Nikkel	Yes
	Pabon	Yes
	Ryden	Yes
	Sonnenberg	Excused
	Waller	Yes
	Barker	Yes
	Gardner B.	Yes

Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS