Ch. 701

LAWS OF MARYLAND

CHAPTER 701

(House Bill 942)

AN ACT concerning

Bail Bondsmen - Return of Bond and Collateral

FOR the purpose of providing for the return of bond or collateral
to a surety under certain circumstances; altering a
limitation regarding the refund or discharge of bond or
collateral if a criminal case is stetted; prohibiting a
court from ordering forfeiture of bond or collateral under
certain circumstances; providing for the application of this
Act; and generally relating to the forfeiture of bond and
collateral.

BY repealing and reenacting, with amendments,

Article 27 - Crimes and Punishments
Section 616 l/2(e)
Annotated Code of Maryland
(1937 Replacement Volume)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 27 - Crimes and Punishments

616 1/2.

(e) (1) Any court exercising criminal jurisdiction shall
strike out a forfeiture of bail or collateral where the defendant
can show reasonable grounds for his nonappearance. However the
court shall allow a surety 90 days, or for good cause shown, 180
days from the date of failure to appear to produce the defendant
in court before requiring the payment of any forfeiture of bail
or collateral. The court shall strike out a forfeiture of bail
or collateral deducting only the actual expense incurred for the
defendant's arrest, apprehension, or surrender if the defendant
is produced in court and if the arrest, apprehension, or
surrender occurs more than 90 days after the defendant's failure
to appear or at the termination of the period allowed by the
court to produce the defendant.

(2) Evidence of incarceration of a defendant at the
time of forfeiture in any penal institution within the United
States is a wholly sufficient ground to strike out a forfeiture,
if return of the defendant to the jurisdiction of the court upon
expiration of his sentence at no expense to the state, county, or
municipality is assured.

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