US Laws, Codes, Statutes & Cases

§87.  Nonforfeiture situations

A.  No judgment decreeing the forfeiture of an appearance bond shall be rendered, if it is shown to the satisfaction of the court that the defendant, principal in such bond, is prevented from attending because of any of the following:

(1)  He has a physical disability, illness, or injury.  

(2)  He is being detained in the jail or penitentiary of another jurisdiction.  

(3)  He is serving in the armed forces of the United States.  

B.  A sworn affidavit of the jailer, warden, physician, commanding officer, or other responsible officer where the principal is detained, who attests to the cause of the defendant's failure to appear shall be considered adequate proof of the defendant/principal's inability to appear.  

C.  If a judgment of bond forfeiture is rendered while the defendant is prevented from appearing for reasons enumerated in this Section, the court shall declare the judgment of bond forfeiture null and void if the defendant or his sureties file a motion to set aside the judgment of bond forfeiture within six months of the mailing of notice of the signing of the judgment of bond forfeiture, and it is shown to the satisfaction of the court that the defendant was prevented from attending for the causes enumerated in this Section.  

Acts 1966, No. 311, §2, eff. Jan. 1, 1967.  Amended by Acts 1979, No. 786, §1; Acts 1980, No. 639, §1; Acts 1993, No. 834, §4, eff. June 22, 1993.