Relating To Forfeiture Pursuant To Section 804-51, Hawaii Revised Statutes.
The proposed changes allow a notice of forfeiture to be sent to either the surety or the surety insurer, effectively starting a thirty-day countdown for them to locate and surrender a principal (the criminal defendant) or to file a motion to contest the forfeiture. This adjustment is expected to help streamline the forfeiture process by limiting the ability of sureties to escape responsibility and ensuring that they are held accountable more promptly.
Senate Bill 1278 aims to amend section 804-51 of the Hawaii Revised Statutes, which governs the procedures surrounding the forfeiture of bonds and recognizances in criminal cases. Currently, the law requires that a notice of forfeiture be either personally served or sent by certified mail to a surety, which is often a bonding company or its insurer. This bill responds to noted issues where sureties were able to evade their obligations to fulfill bonds by avoiding proper service of notices, creating a loophole that can hinder judicial processes.
Another significant aspect of SB1278 is its provision to grant the State the ability to appeal in cases where a court might set aside a bond forfeiture without what is deemed good cause. Currently, appellate courts do not have jurisdiction in these situations, leading to calls for reform to ensure that the State's interests are adequately represented and protected. This provision is likely to be a point of debate among legislators, particularly regarding the balance of power between the judicial process and the enforcement of bond agreements.