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Connecticut Public Acts 1996

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Senate Bill No. 305



Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 54-65a of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Whenever an arrested person is released upon his execution of a bond with surety in an amount of five hundred dollars or more and such bond is ordered forfeited because the principal failed to appear in court as conditioned in such bond, the court shall, at the time of ordering the bond forfeited(1) ISSUE a re-arrest warrant or a capias directing a proper officer to take the defendant into custody and [shall] [4m(2) [0m order a stay of execution upon the forfeiture for six months. When the [arrested person] PRINCIPAL whose bond has been forfeited is returned to custody PURSUANT TO THE REARREST WARRANT OR A CAPIAS within six months of the date such bond was ordered forfeited, the bond shall be automatically [reinstated] TERMINATED and the surety released AND THE COURT SHALL ORDER NEW CONDITIONS OF RELEASE FOR THE DEFENDANT IN ACCORDANCE WITH SECTION 54-64a. WHEN THE PRINCIPAL WHOSE BOND HAS BEEN FORFEITED RETURNS TO COURT VOLUNTARILY WITHIN TWO BUSINESS DAYS OF THE DATE SUCH BOND WAS ORDERED FORFEITED, THE COURT MAY, IN ITS DISCRETION, AND AFTER FINDING THAT THE DEFENDANT'S FAILURE TO APPEAR WAS NOT WILFUL, VACATE THE FORFEITURE ORDER AND REINSTATE THE BOND. Such stay of execution shall not prevent the issuance of a re-arrest warrant or a capias.

(b) Whenever an arrested person, whose bond has been forfeited, is returned to the jurisdiction of the court within one year of the date such bond was ordered forfeited, the surety on such bond shall be entitled to a rebate of that portion of the forfeited amount as may be fixed by the court or as may be established by a schedule adopted by rule of the judges of the court.

*(Revisors' note: See also P.A. 96-164, S. 2.)

Approved May 8, 1996. Effective October 1, 1996.