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UTAH STATUTES AND CODES
77-20-7 - Duration of liability on undertaking -- Notices to sureties -- Exoneration if charges not filed.
77-20-7. Duration of liability on undertaking -- Notices to sureties -- Exoneration ifcharges not filed.
(1) (a) The principal and the sureties on the written undertaking are liable on theundertaking during all proceedings and for all court appearances required of the defendant up toand including the surrender of the defendant in execution of any sentence imposed irrespective ofany contrary provision in the undertaking. Any failure of the defendant to appear up to andincluding execution of sentence when required is a breach of the conditions of the undertaking orbail and subjects it to forfeiture irrespective of whether or not notice of appearance was given tothe sureties.
(b) For purposes of this section, an order of the court accepting a plea in abeyanceagreement and holding that plea in abeyance pursuant to Title 77, Chapter 2a, Pleas in Abeyance,is considered to be the same as a sentencing upon a guilty plea.
(c) Any suspended or deferred sentencing is not the responsibility of the surety and thebond is exonerated without any motion, upon acceptance of the court and the defendant of a pleain abeyance, probation, fine payments, post sentencing reviews, or any other deferred sentencingreviews or any other deferred sentencing agreement.
(d) If a surety issues a bond after the execution of sentence, the surety is liable on theundertaking during all proceedings and for all court appearances required of the defendant up toand including the next execution of sentence imposed under Subsection 77-20-7(1).
(2) If no information or indictment charging a person with an offense is filed in courtwithin 120 days after the date of the bail undertaking or cash receipt, the court may relieve aperson from conditions of release at the person's request, and the bond or undertaking isexonerated without further order of the court unless the prosecutor requests an extension of timebefore the end of the 120-day period by:
(a) filing a notice for extension with the court; and
(b) serving the notice for extension upon the sureties and the person or his attorney.
(3) A court may extend bail and conditions of release for good cause.
(4) Subsection (2) does not prohibit the filing of charges against a person at any time.
(1) (a) The principal and the sureties on the written undertaking are liable on theundertaking during all proceedings and for all court appearances required of the defendant up toand including the surrender of the defendant in execution of any sentence imposed irrespective ofany contrary provision in the undertaking. Any failure of the defendant to appear up to andincluding execution of sentence when required is a breach of the conditions of the undertaking orbail and subjects it to forfeiture irrespective of whether or not notice of appearance was given tothe sureties.
(b) For purposes of this section, an order of the court accepting a plea in abeyanceagreement and holding that plea in abeyance pursuant to Title 77, Chapter 2a, Pleas in Abeyance,is considered to be the same as a sentencing upon a guilty plea.
(c) Any suspended or deferred sentencing is not the responsibility of the surety and thebond is exonerated without any motion, upon acceptance of the court and the defendant of a pleain abeyance, probation, fine payments, post sentencing reviews, or any other deferred sentencingreviews or any other deferred sentencing agreement.
(d) If a surety issues a bond after the execution of sentence, the surety is liable on theundertaking during all proceedings and for all court appearances required of the defendant up toand including the next execution of sentence imposed under Subsection 77-20-7(1).
(2) If no information or indictment charging a person with an offense is filed in courtwithin 120 days after the date of the bail undertaking or cash receipt, the court may relieve aperson from conditions of release at the person's request, and the bond or undertaking isexonerated without further order of the court unless the prosecutor requests an extension of timebefore the end of the 120-day period by:
(a) filing a notice for extension with the court; and
(b) serving the notice for extension upon the sureties and the person or his attorney.
(3) A court may extend bail and conditions of release for good cause.
(4) Subsection (2) does not prohibit the filing of charges against a person at any time.
Amended by Chapter 332, 2006 General Session
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