[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2929 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 2929
To amend title 18, United States Code, and the Federal Rules of
Criminal Procedure with respect to bail bond forfeitures.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 21, 2001
Mr. Barr of Georgia (for himself, Mr. Wexler, Mr. Bass, Mr. Burton of
Indiana, Mr. Keller, Mr. Rangel, Mr. Deutsch, Mr. Meeks of New York,
Mr. Mica, Mr. Calvert, Mr. Davis of Florida, Mr. Scott, Mr. Chabot, Ms.
Eddie Bernice Johnson of Texas, Mr. McDermott, Mr. Boehner, Mr.
English, Mr. Wicker, and Mr. Baird) introduced the following bill;
which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, and the Federal Rules of
Criminal Procedure with respect to bail bond forfeitures.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bail Bond Fairness Act of 2001''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress makes the following findings:
(1) Historically, the sole purpose of bail in the United
States was to ensure the defendant's physical presence before a
court. The bail bond would be declared forfeited only when the
defendant actually failed to appear as ordered. Violations of
other, collateral conditions of release might cause release to
be revoked, but would not cause the bond to be forfeited. This
historical basis of bail bonds best served the interests of the
Federal criminal justice system.
(2) Currently, however, Federal judges have merged the
purposes of bail and other conditions of release. These judges
now order bonds forfeited in cases in which the defendant
actually appears as ordered but he fails to comply with some
collateral condition of release. The judges rely on Federal
Rule of Criminal Procedure 46(e) as authority to do so.
(3) Federal Rule of Criminal Procedure 46(e) has withstood
repeated court challenges. In cases such as United States v.
Vaccaro, 51 F.3d 189 (9th Cir. 1995), the rule has been held to
authorize Federal courts specifically to order bonds forfeited
for violation of collateral conditions of release and not
simply for failure to appear. Moreover, the Federal courts have
continued to uphold and expand the rule because they find no
evidence of congressional intent to the contrary, specifically
finding that the provisions of the Bail Bond Act of 1984 were
not intended to supersede the rule.
(4) As a result, the underwriting of bonds for Federal
defendants has become virtually impossible. Where once the bail
agent was simply ensuring the defendant's physical presence,
the bail agent now must guarantee the defendant's general good
behavior. Insofar as the risk for the bail agent has greatly
increased, the industry has been forced to adhere to strict
underwriting guidelines, in most cases requiring full
collateral. Consequently, the Federal criminal justice system
has been deprived of any meaningful bail bond option.
(5) In the absence of a meaningful bail bond option,
thousands of defendants in the Federal system fail to show up
for court appearances every year. When this happens, the
expense and effort by Federal law enforcement officers to
investigate and apprehend defendants is wasted and the overall
interests of justice are thwarted.
(b) Purposes.--The purposes of this Act are--
(1) to restore bail bonds to their historical origin as a
means solely to ensure the defendant's physical presence before
a court; and
(2) to grant judges the authority to declare bail bonds
forfeited only where the defendant actually fails to appear
physically before a court as ordered and not where the
defendant violates some other collateral condition of release.
SEC. 3. FAIRNESS IN BAIL BOND FORFEITURE.
(a)(1) Section 3146(d) of title 18, United States Code, is amended
by inserting at the end ``The judicial officer may not declare
forfeited a bail bond for violation of a release condition set forth in
clauses (i)-(xi), (xiii), or (xiv) of section 3142(c)(1)(B)''.
(2) Section 3148(a) of title 18, United States Code, is amended by
inserting at the end ``Forfeiture of a bail bond executed under clause
(xii) of section 3142(c)(1)(B) is not an available sanction under this
section and such forfeiture may be declared only pursuant to section
3146.''.
(b) Rule 46(e)(1) of the Federal Rules of Criminal Procedure is
amended by striking ``there is a breach of condition of a bond'' and
inserting ``the defendant fails to appear physically before the
court''.
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