Assigned to JUD                                                                                                                                    FOR COMMITTEE

 

 


 

ARIZONA STATE SENATE

Phoenix, Arizona

 

FACT SHEET FOR S.B. 1002

 

bail bonds

 

Purpose

 

Authorizes a county sheriff to accept bonds from any person if the bond is in the form of cash, a certified check, a cashier’s check or an attorney trust account check.

 

Background

 

According to the Administrative Office of the Courts (AOC), the current law relating to acceptance of bail bonds by sheriffs is not being interpreted uniformly throughout the state.  Although most county sheriffs will accept bail bonds from any person, the Pima County Sheriff’s Office interprets current statute to limit the authority of the sheriff to accepting bail bonds only from bail bond agents licensed in Pima County.  As a result, the Pima County Clerk of the Court is providing staff to the jail in order to allow other people to post bail during nonbusiness hours.

 

The AOC states that clarifying the law to authorize county sheriffs to accept the bond of any person will make acceptance of bail bonds uniform throughout the state and save the Pima County Clerk staffing costs.

 

There is no discernable fiscal impact on the state general fund at this time.

 

Provisions

 

1.      Authorizes a county sheriff to accept a bond from any person not otherwise prohibited from posting bonds under current law as long as the bond is in the form of cash, a certified check, a cashier’s check or an attorney trust account check.

 

2.      Provides for a general effective date.

 

 

Prepared by Senate Staff

January 26, 2001