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Utah Code
2020 Utah Code
Title 77 - Utah Code of Criminal Procedure
Chapter 20 - Bail
Section 7 - Duration of liability on undertaking -- Notices to sureties -- Exoneration if charges not filed.
Universal Citation:
UT Code § 77-20-7 (2020)
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Effective 10/1/2020
77-20-7. Duration of liability on undertaking -- Notices to sureties -- Exoneration if charges not filed.
Amended by Chapter 185, 2020 General Session
77-20-7. Duration of liability on undertaking -- Notices to sureties -- Exoneration if charges not filed.
- (1)
- (a) Except as provided in Subsection (1)(b), the principal and the sureties on a bond or other written undertaking are liable on the bond or other written undertaking during all proceedings and for all court appearances required of the defendant up to and including the surrender of the defendant for sentencing, irrespective of any contrary provision in the bond or other written undertaking. Any failure of the defendant to appear when required is a breach of the conditions of the bond or other written undertaking and subjects the bond to forfeiture, regardless of whether or not notice of appearance was given to the sureties. Upon sentencing the bond or other written undertaking shall be exonerated without motion.
- (b) If the sentence includes a commitment to a jail or prison, the bond or other written undertaking shall be exonerated when the defendant appears at the appropriate jail or prison, unless the judge does not require the defendant to begin the commitment within seven days, in which case the bond or other written undertaking is exonerated upon sentencing.
- (c) For purposes of this section, an order of the court accepting a plea in abeyance agreement 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.
- (d) Any suspended or deferred sentencing is not the responsibility of the surety and the bond is exonerated without any motion, upon acceptance of the court and the defendant of a plea in abeyance, probation, fine payments, post sentencing reviews, or any other deferred sentencing reviews or any other deferred sentencing agreement.
- (e) If a surety issues a bail bond after sentencing, the surety is liable on the undertaking during all proceedings and for all court appearances required of the defendant up to and including the defendant's appearance to commence serving the sentence imposed under Subsection (1).
- (2) If the prosecutor does not file an information, indictment, or request to extend time 120 days after the date on which the bond or other written undertaking is received, the court shall:
- (a) relieve a person from conditions of release;
- (b) refund any monetary bail, as provided in Subsection 77-20-4(5); and
- (c) exonerate any bond or other written undertaking without further order of the court.
- (3)
- (a) A request to extend time shall:
- (i) be served on any surety and the defendant or the defendant's attorney; and
- (ii) be granted for a period of up to 60 days.
- (b) A court may grant a request to extend time for a period of up to 120 days upon a showing of good cause.
- (c) An extension of time does not prohibit the proper filing of charges against a person at any time.
- (a) A request to extend time shall:
Amended by Chapter 185, 2020 General Session
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