§ 62-86. Bond forfeiture order to show cause.

(a)

Upon failure of a person charged with a penal offense to appear before the municipal court at any time fixed for such person's hearing, the court may proceed to forfeit the bond or recognizance.

(b)

If the court proceeds with forfeiture, the judge shall, upon the failure to appear, order an execution hearing for a date not sooner than 60 days but not later than 90 days after the failure to appear. Within 72 hours of the failure to appear, notice of the execution hearing shall be given by first class mail by the clerk of the municipal court to the principal and to each surety at the addresses given on the bond or by personal service to the surety at its home office or to its designated registered agent. Notice shall be served in the form of a scire facias, setting the date of the hearing.

(c)

If at the execution hearing it is determined that judgment should be entered, the judge shall so order.

(d)

Where applicable, on application filed within 60 days from payment of judgment, the court shall order remission under the following conditions:

(1)

Provided the bond amount has been paid within 60 days after judgment and the delay has not prevented the proper prosecution of the principal, the court, on motion at a hearing upon proper notice having been given to the prosecuting attorney, shall direct a remission of 95 percent of the bond if the surety apprehended and surrendered the defendant or if the apprehension or surrender of the defendant was substantially procured by the surety or caused by the surety. Should the surety produce the principal within two years of the failure to appear, the surety shall be entitled to a refund of 50 percent of the bond payment; and

(2)

The prosecuting attorney must be given at least 20 days' notice before a hearing is held on the application for remission and must be furnished with copy of the application along with the affidavits and other documentation and evidence supporting such application. Remission shall be granted on the condition of the payment of costs by the surety.

(e)

A copy of the order shall be served upon the principal and surety if they can be found in the city, by the clerk of the municipal court or designated representative, at least 20 days before the time therein set for hearing.

(Code 1977, §§ 3-1036, 3-1037; Ord. No. 2018-03(18-O-1045), § 7, 2-6-18 )