Bill > SB2280

This bill extends the timeframe for a surety, surety insurer, or bail agent (entities that guarantee a defendant's appearance in court) to request that a forfeiture of a bond or recognizance (a promise to appear in court, often secured by money or property) be set aside from thirty days to ninety days after notice of the forfeiture judgment. It also ensures that proper notification of this judgment is sent to these parties and clarifies that judges retain discretion to impose financial release conditions and consider individual circumstances. The bill allows a surety or bail agent to file a motion to set aside a forfeiture even if one has already been filed, and it subjects bail bond forfeiture proceedings to Rule 60 of the Hawaii Rules of Civil Procedure, which governs relief from judgments. Importantly, this bill prohibits forfeiture from being ordered in any felony case, with a specific exception if a national warrant has not been issued within thirty days of a defendant's failure to appear.

Government Affairs

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=SB&billnumber=2280&year=2026