Bill > HB852

This bill generally revises bail bond laws in Montana, introducing several key provisions to protect and clarify the rights of surety bail bond insurance producers and establish more precise procedures for bail, bond forfeiture, and defendant tracking. The bill codifies the historical legal doctrine that when bail is given, the defendant is considered in the custody of the surety bail bond agent, who has broad powers to apprehend and return the defendant to court. Significant changes include establishing a two-year statute of limitations for surety bonds, requiring courts to provide timely notifications to bail bond agents about defendant status, mandating automatic bond discharge when defendants are released on their own recognizance, and prohibiting judicial interference with lawfully executed bail bonds. The legislation also outlines specific procedures for handling out-of-jurisdiction warrants, provides guidelines for surety bail bond agents' access to court records, and sets clear parameters for forfeiture proceedings. Additionally, the bill requires judges to receive training on surety bail bond laws and establishes mechanisms for bail bond agents to challenge judicial actions that may improperly impact their liability. The overall intent is to create a more transparent, fair, and efficient bail bond system that balances the interests of courts, defendants, and bail bond agents while maintaining public safety.

Business and Industry

https://bills.legmt.gov/#/laws/bill/2/LC3069