PARRIS N. GLENDENING, Governor

Ch. 468

FOR the purpose of clarifying the jurisdiction for producing a defendant released on bail
by repealing a reference to producing the defendant in the jurisdiction of a judicial
officer eliminating the authority of certain persons to produce a defendant by
placing the defendant in the custody of a judicial officer; and generally relating to
production of a defendant released on bail.

BY repealing and reenacting, with amendments,
Article 27 - Crimes and Punishments
Section 616 1/2(e)(1)
Annotated Code of Maryland
(1992 Replacement Volume and 1994 Supplement)

BY repealing and reenacting, without amendments,
Article 27 - Crimes and Punishments
Section 616 1/2(e)(2)
Annotated Code of Maryland
(1992 Replacement Volume and 1994 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) 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 a surety 90 days, or for good cause shown, 180 days from the
date of failure to appear to produce the defendant before requiring the payment of any
forfeiture of bail or collateral; and

(ii) 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 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.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 1995.

Approved May 18, 1995.

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