374.770. Bond forfeiture, when--exception, defendant incarcerated in United States, procedure--surety's duties--violation of bond, rights and obligations of bondsman. - Missouri Statutes

Bond forfeiture, when--exception, defendant incarcerated in UnitedStates, procedure--surety's duties--violation of bond, rights andobligations of bondsman.

374.770. 1. If there is a breach of the contract of thebond, the court in which the case is pending shall declare abond forfeiture, unless the surety upon such bond informs thecourt that the defendant is incarcerated somewhere within theUnited States. If forfeiture is not ordered because thedefendant is incarcerated somewhere within the United States,the surety is responsible for the return of the defendant. Ifbond forfeiture is ordered and the surety can subsequently provethe defendant is incarcerated somewhere within the UnitedStates, then the bond forfeiture shall be set aside and thesurety be responsible for the return of the defendant. When thesurety notifies the court of the whereabouts of the defendant, ahold order shall be placed by the court having jurisdiction onthe defendant in the state in which the defendant is being held.

2. In all instances in which a bail bond agent or generalbail bond agent duly licensed by sections 374.700 to 374.775 hasgiven his bond for bail for any defendant who has absentedhimself in violation of the condition of such bond, the bailbond agent or general bail bond agent shall have the firstopportunity to return such defendant to the proper court. If heis unable to return such defendant, the state of Missouri shallreturn such defendant to the proper court for prosecution, andall costs incurred by the state in so returning a defendant maybe levied against the bail bond agent or general bail bond agentin question.

(L. 1983 S.B. 363 § 10)