|Posted:||December 18, 2014 10:50 AM|
|From:||Representative Sheryl M. Delozier|
|To:||All House members|
|Subject:||Provides for the forfeiture and allocation of bail monies|
|In the near future I plan to reintroduce former HB 2385 from last session. This bill amends Section 5702 of the Judicial Code to provide that any money posted as bail, which would otherwise be returnable, shall be applied first to the payment of any outstanding restitution, fees, fines or costs owed by the defendant in any criminal or delinquency case.
Written notice of this requirement must be provided to the depositor (the person posting the bail money) prior to the acceptance of any deposit of bail money.
This legislation applies only to cash bail; it does not affect any other form of surety which may be posted to secure a defendant’s appearance.
In order to ensure that forfeiture will not result in undue hardship or injustice, this bill allows the court the discretion to contravene the statute by judicial order.
Introduced as HB123