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THE SENATE |
S.B. NO. |
2280 |
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THIRTY-THIRD LEGISLATURE, 2026 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to forfeiture.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
Accordingly, the purpose of this Act is to:
(1) Extend the filing period for a surety or bail agent to move to set aside a bond or recognizance of forfeiture from thirty days to ninety days;
(2) Ensure that proper notice of a bail forfeiture judgment is provided to both the surety and bail agent;
(3) Affirm that a judge may impose financial conditions of release and maintain full discretion to consider individual circumstances;
(4) Ensure that a surety or bail agent may apply to set aside a forfeiture, even if a prior motion has been filed; and
(5) Ensure that the bail bond forfeiture procedure is subject to Rule 60 of the Hawaii Rules of Civil Procedure.
SECTION 2. Section 804-51, Hawaii Revised Statutes, is amended to read as follows:
"§804-51 Procedure. (a)
Whenever the court, in any criminal cause, forfeits any bond or
recognizance given in a criminal cause, the court shall immediately enter up
judgment in favor of the State and against the principal or principals, surety
or sureties, [and] surety insurer or surety insurers, and bail agent
or bail agents on the bond, jointly and severally, for the full amount of
the penalty thereof, and shall cause execution to issue thereon immediately
after the expiration of [thirty] ninety days from the date that
notice is given via personal service or certified mail, return receipt
requested, to the surety or sureties, [or the] surety insurer or
surety insurers, or bail agent or bail agents on the bond, of the entry
of the judgment in favor of the State, unless before the expiration of [thirty]
ninety days from the date that notice is given to the surety or sureties,
[or the] surety insurer or surety insurers, or bail agent or bail
agents on the bond of the entry of the judgment in favor of the State, a
motion or application of the principal or principals, surety or sureties,
surety insurer or surety insurers, bail agent or bail agents, or any of
them, showing good cause why execution should not issue upon the judgment, is
filed with the court. Upon
application, the court may direct that the forfeiture be set aside, in whole or
in part, upon the conditions that the court may impose, including but not
limited to a showing of good cause, proof that the defendant has been
apprehended or has voluntarily surrendered, or if it appears that justice does
not require enforcement of the forfeiture.
If the motion or application, after a hearing held thereon, is
sustained, the court shall vacate the judgment of forfeiture and, if the
principal surrenders or is surrendered pursuant to section 804-14 or section 804-41,
return the bond or recognizance to the principal, surety, [or] surety
insurer, or bail agent, whoever shall have given it, less the amount of
any cost, as established at the hearing, incurred by the State as a result of
the nonappearance of the principal or other event on the basis of which the
court forfeited the bond or recognizance.
If the motion or application, after a hearing held thereon, is
overruled, execution shall forthwith issue and shall not be stayed unless the
order overruling the motion or application is appealed from as in the case of a
final judgment. If the motion or
application, after a hearing held thereon, is granted, the State may appeal the
order granting the motion or application as in the case of a final judgment.
(b) An application may be filed by the defendant,
surety insurer named on the bond, defendant's attorney, surety, or bail agent,
and the filing of an application shall not preclude the filing of another by a
different party.
(c) A proceeding under this section shall be a
civil proceeding subject to rule 60 of the Hawaii rules of civil procedure, and
in addition to an application filed under this section, the court shall retain
jurisdiction to decide motions in accordance with the Hawaii rules of civil
procedure. The court may also entertain
a motion to set aside forfeiture beyond the ninety-day period on the terms as
justice requires in accordance with the Hawaii rules of civil procedure.
(d) Forfeiture shall not be ordered in any felony case; provided that a National Crime Information Center warrant has not been issued and entered within thirty days of a defendant's failure to appear. Notice of the forfeiture shall also be sent to the surety, licensed bail agent, and the surety insurer named on the bond.
(e) This section shall be considered to be set forth in full in words and figures in, and to form a part of, and to be included in, each and every bond or recognizance given in a criminal cause, whether actually set forth in the bond or recognizance, or not."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Forfeiture; Bond or Recognizance; Bail; Crimes and Criminal Proceedings
Description:
Extends the period during which a surety, surety insurer, or bail agent may file a motion or application to set aside the bond or recognizance forfeiture from thirty days to ninety days. Ensures that proper notice of a bail forfeiture judgment is provided to a surety or bail agent. Affirms that a judge may impose financial conditions of release and maintain full discretion to consider individual circumstances. Allows a surety or bail agent to apply to set aside a forfeiture, even if a prior motion has been filed. Subjects bail bond forfeiture proceedings to Rule 60 of the Hawaii Rules of Civil Procedure. Prohibits forfeiture from being ordered in any felony case.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.