SB-0381, As Passed Senate, June 7, 2017

SUBSTITUTE FOR

SENATE BILL NO. 381

     A bill to amend 1927 PA 175, entitled

"The code of criminal procedure,"

by amending section 28 of chapter V (MCL 765.28), as amended by

2004 PA 332.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

CHAPTER V

     Sec. 28. (1) If default is made in any recognizance in a court

of record, the default shall be entered on the record by the clerk

of the court. After the default is entered, If a defendant fails to

appear, within 7 days after the date of the failure to appear the

court shall give serve each surety immediate notice not to exceed 7

days after the date of the failure to appear. The notice shall must

be served upon each surety in person, or left at the surety's last

known business address, electronically mailed to an electronic mail

address provided to the court by the surety, or mailed by first-

class mail to the surety's last known business address. However, if

the notice is served by first-class mail, it must be mailed

separately from the notice of intent to enter judgment. Each surety

shall must be given an opportunity to appear before the court on a

day certain and show cause why judgment should not be entered

against the surety for the full amount of the bail or surety bond.

If good cause is not shown for the defendant's failure to appear,

the court shall enter judgment against the surety on the

recognizance for an amount determined appropriate by the court but

not more than the full amount of the bail, or if a surety bond has

been posted the full amount of the surety bond. If the amount of a

forfeited surety bond is less than the full amount of the bail, the

defendant shall continue to be liable to the court for the

difference, unless otherwise ordered by the court. Execution shall

must be awarded and executed upon the judgment in the manner

provided for in personal actions.

     (2) Except as provided in subsection (3), the court shall set

aside the forfeiture and discharge the bail or surety bond within 1

year from the date of forfeiture judgment if the defendant has been

apprehended, the ends of justice have not been thwarted, and the

county has been repaid its costs for apprehending the person. If

the bond or bail is discharged, the court shall enter an order to

that effect with a statement of the amount to be returned to the

surety.

     (3) Subsection (2) does not apply if the defendant was

apprehended more than 56 days after the bail or bond was ordered

forfeited and judgment entered and the surety did not fully pay the

forfeiture judgment within that 56-day period.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.