WILLIAM DONALD SCHAEFER, Governor                         Ch. 603

CHAPTER 603
(House Bill 840)

AN ACT concerning

Criminal Law - Bail Bonds and Bail Bondsmen

FOR the purpose of authorizing the court to strike a forfeiture of bail and discharge the
underlying bond in certain circumstances; defining certain terms; specifying an
additional circumstance applicable to a certain type of defendant the court may
consider as grounds to strike a forfeiture; eliminating a requirement that a
defendant be incarcerated at a certain time for a court to strike out a forfeiture;
making applicable statewide certain provisions of law relating to the circuit court's
power to adopt rules regulating bail bondsmen, appoint a bond commissioner,
require a certain license fee, and reinstate certain conditions to ensure a
defendant's appearance under certain circumstances; clarifying that an individual
must obtain a license to become a surety in criminal cases; and generally relating to
bail bonds and bail bondsmen.

BY repealing and reenacting, with amendments,
Article 27 - Crimes and Punishments
Section 616 1/2(e), (f), and (g)
Annotated Code of Maryland
(1992 Replacement Volume and 1993 Supplement)

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) IN THIS SUBSECTION, UNLESS THE CONTEXT INDICATES
OTHERWISE. "PRODUCE" OR "PRODUCED" MEANS PLACING THE DEFENDANT IN THE
CUSTODY OF A POLICE OFFICER, SHERIFF, OR OTHER COMMISSIONED LAW
ENFORCEMENT OFFICER AUTHORIZED TO MAKE ARRESTS WITHIN THE
JURISDICTION OF THE COURT OR A JUDICIAL OFFICER.

(2) [Any] SUBJECT TO ITEM (II) OF THIS PARAGRAPH, ANY court
exercising criminal jurisdiction shall strike out a forfeiture of bail or collateral AND
DISCHARGE THE UNDERLYING BOND, where the defendant can show reasonable
grounds for his nonappearance. However the court shall:

(I) [allow] 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]; AND

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