Purpose

Authorizes a county sheriff to accept bonds from any person not otherwise prohibited from posting bonds under current law.

Background

According to the Administrative Office of the Courts (AOC), the current law relating to acceptance of bail bonds by sheriffs was not being interpreted uniformly throughout the state. Although most county sheriffs were accepting bail bonds from any person, the Pima County Sheriff’s Office was interpreting current statute to limit the authority of the sheriff to accepting bail bonds only from bail bond agents licensed in Pima County. Although the situation in Pima County has been remedied, the question has now surfaced in other counties. Both the Pima County Attorney and the Attorney General representing the sheriff’s and the clerk’s offices believe this language should be clarified. The AOC states that the bill is necessary to ensure that acceptance of bail bonds is uniform throughout the state.

The bill clarifies the law to authorize county sheriffs to accept the bond of any person.

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.

2. Makes technical changes.

3. Provides for a general effective date.

Amendments Adopted by Committee

The strike everything amendment was adopted.

Amendments Adopted by Committee of the Whole

Makes technical changes.

Senate Action (S.B. 1002) House Action (H.B. 2274)

JUD 1/30/01 DPA/SE 7-0-1-0 JUD 1/16/01 DPA 9-1-0-0

3^rd Read 2/14/01 28-0-2-0 3^rd Read 1/30/01 59-0-1-0

H.B. 2274 substituted on 3^rd read for S.B. 1002

Signed by Governor 2/21/01

Chapter 2

Prepared by Senate Staff

March 20, 2001

Assigned to JUD AS PASSED BY THE SENATE

Purpose

Background

Provisions