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1. The arrestee’s full name and date of birth ?
2. The jail name and city or state ?
3. The date arrested ?
4. The amount of bail ?
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HAWAII bail laws
Applicable
Statutes.
*** Hawaii’s
statutes currently do not contain comprehensive regulations for bail bond
recovery or bail enforcement agents, though some provisions exist
regarding forfeiture. ***
HRS § 804-51 HAWAII
REVISED STATUTES ANNOTATED DIVISION 5. CRIMES AND CRIMINAL PROCEEDINGS
TITLE 38. PROCEDURAL AND SUPPLEMENTARY PROVISIONS CHAPTER 804. Bail; Bond
to Keep the Peace PART III. FORFEITURE.
HI ST §§ 804- 14, 41.
Licensing
Requirements for Agents.
HAWAII REVISED
STATUTES ANNOTATED DIVISION 2. BUSINESS TITLE 25. PROFESSIONS AND
OCCUPATIONS CHAPTER 445. County Licenses PART VIII. SOLICITORS
Surety, Bail Bond -- Repealed
(The statutes do
not currently contain any licensing provisions for bail enforcement agents
or bounty hunters, nor is there any pending legislation for such).
Notice of
Forfeiture
HRS § 804-51 HAWAII
REVISED STATUTES ANNOTATED DIVISION 5.CRIMES AND CRIMINAL PROCEEDINGS
TITLE 38. PROCEDURAL AND SUPPLEMENTARY PROVISIONS CHAPTER 804. Bail; Bond
to Keep the Peace PART III. FORFEITURE § 804-51 Procedure.
Whenever the court,
in any criminal cause, forfeits any bond or recognizance given in a
criminal cause:
the court shall
immediately enter up judgment in favor of the State and against the
principal or principals and surety or sureties on the bond, jointly and
severally, for the full amount of the penalty thereof,
and shall cause
execution to issue thereon immediately after the expiration of thirty
days from the date that notice is given via certified mail, return
receipt requested, to the surety or sureties on the bond, of the entry
of the judgment in favor of the State,
unless before
the expiration of thirty days from the date that notice is given to the
surety or sureties on the bond of the entry of the judgment in favor of
the State, a motion or application of the principal or principals,
surety or sureties, or any of them, showing good cause why execution
should not issue upon the judgment, is filed with the court.
If the motion or
application, after a hearing held thereon, is sustained, the court shall
vacate the judgment of forfeiture and, if the principal surrenders or is
surrendered pursuant to sections 804-14 or 804-41 (*** See "Forfeiture
Defenses" below ***), return the bond or recognizance to the principal or
surety, whoever shall have given it, less the amount of any cost, as
established at the hearing, incurred by the State as a result of the
nonappearance of the principal or other event on the basis of which the
court forfeited the bond or recognizance.
If the motion or
application, after a hearing held thereon, is overruled, execution shall
forthwith issue and shall not be stayed unless the order overruling the
motion or application is appealed from as in the case of a final judgment.
This section shall
be considered to be set forth in full in words and figures in, and to form
a part of, and to be included in, each and every bond or recognizance
given in a criminal cause, whether actually set forth in the bond or
recognizance, or not.
Court decisions
James Lindblad,
Inc., 83 Haw. 118, 925 P.2d 288 (1996), reconsideration denied, 83
Haw. 408, 927 P.2d 416 (1996). The Surety's notice of appeal was timely
and the court had appellate jurisdiction because the notice of appeal was
filed within thirty days of "the appealable event". State v. Ranger Ins.
Co. ex rel.
Allotted Time
between Forfeiture Declaration and Payment Due Date.
(See above, sub A,
items 1-4)
Forfeiture
Defenses.
(See above, #3, sub
A, items 4-6)
HI ST § 804-14--S
804-14 Discharge of sureties.
Those who may have
become bail for anyone, may at any time discharge themselves, by
surrendering him to the custody of any sheriff or chief of police or his
authorized subordinate.
HI ST § 804-41-- S
804-41 Discharge of surety.
At any time before
the breach of the condition of the bond, the surety may discharge oneself
by surrendering the principal into the hands of any sheriff or the chief
of police or the sheriff 's or chief 's authorized subordinate.
HRS § 657D-3 HAWAII
REVISED STATUTES ANNOTATED DIVISION 4. COURTS AND JUDICIAL PROCEEDINGS
TITLE 36. CIVIL REMEDIES AND DEFENSES AND SPECIAL PROCEEDINGS [CHAPTER
657D]. CIVIL RELIEF FOR STATE MILITARY FORCES PART I. GENERAL PROVISIONS
(§ 657D-3) Protection of persons secondarily liable.
Whenever by reason
of the military service of a principal, the sureties of a criminal bail
bond are prevented from enforcing the attendance of their principal and
performing their obligation, the court shall not enforce the provisions of
the bond during the military service of that principal. The court, in
accordance with principles of equity and justice, may discharge those
sureties and exonerate the bail either during or after such service.
Court decisions
State v. Camara,
81 Haw. 324, 916 P.2d 1225 (1996).
In order for a surety
to recover its bond, less costs, either of the following must be met:
(1) the principle surrenders, which, includes both voluntary and
involuntary surrender by the principal to law enforcement officials; or
(2) the principal is surrendered by the surety to the appropriate
authority.
"Good cause why
execution should not issue upon the judgment" encompasses a showing of a
satisfactory reason for a defendant's failure to appear when required.
"Good cause why
execution should not issue upon the judgment" of forfeiture may be shown
by the defendant surrendering or being surrendered prior to expiration
of the thirty-day search period.
State v. Taylor,
56 Haw. 203, 532 P.2d 663 (1975). Where defendant made her appearance
before the adjournment of the court, an order for bail forfeiture would be
set aside.
Remission.
(No specific
provisions exist in the HI statutes at this time in regard to
"remission").
Bail Agent’s Arrest
Authority.
*** The following
sections from the HI statutes imply that Bail Enforcement Agents and
Bounty Hunters have the authority to arrest principals by referring to
their ability to "surrender" a principal into the hands of law
enforcement. ***
HI ST § 804-14--S
804-14 Discharge of sureties.
Those who may have
become bail for anyone, may at any time discharge themselves, by
surrendering him to the custody of any sheriff or chief of police or his
authorized subordinate.
HI ST § 804-41-- S
804-41 Discharge of surety.
At any time before
the breach of the condition of the bond, the surety may discharge oneself
by surrendering the principal into the hands of any sheriff or the chief
of police or the sheriff 's or chief 's authorized subordinate.
Other Noteworthy
Provisions.
N/A
Noteworthy State
Appellate Decisions.
State v. Flores
88 Hawai'i 126, 962 P.2d 1008
Hawai'i App.
Aug 14, 1998
Bail surety filed
motion to set aside bond forfeiture ordered when bonded defendant fled
before trial. The First Circuit Court denied motion, and bail surety
appealed. The Intermediate Court of Appeals, Watanabe, J., held that
surety was not entitled to relief from bond forfeiture after surety
located defendant, but law enforcement officers in jurisdiction where the
defendant was located allegedly refused to arrest defendant and return him
because Hawai'i had not entered bench warrant information into Federal
Bureau of Investigation's National Crime Information Center (NCIC)
computer system.
Affirmed.
State v. Camara
81 Hawai'i 324, 916 P.2d 1225
Hawai'i
May 15, 1996
Surety moved to set
aside judgment of forfeiture of appearance bond. The First Circuit Court,
City and County of Honolulu, denied motion, and surety appealed. The
Supreme Court, Moon, C.J., held that: (1) surety's notice of appeal was
timely, and (2) surety was entitled to return of its bond, less costs.
Vacated and remanded.
Ruth v. Fleming
2 Haw.App. 585, 637 P.2d 784
Hawai'i App.
Dec 15, 1981
Bail bondsman
appealed from judgment of the District Court, First Circuit, Honolulu
Division, Honolulu County, Kenneth W. Harada, J., denying indemnification
on ground that the expenses incurred and claimed arose out of the
bondsman's negligence. The Intermediate Court of Appeals, Padgett, J.,
held that: (1) evidence supported finding that the bondsman had been
negligent, and (2) the bondsman was not entitled to be indemnified against
results of his own negligence, where the agreement did not contain any
language providing for indemnity in such a case.
Affirmed.
Bounty Hunter
Provisions.
At this time, there
appear to be no specific regulations for "Bounty Hunters" in the Hawaii
statutes
