HB 1088: Bond for Persons Illegally Present

Under current law, if there is probable cause to believe that a defendant is in the country illegally and he or she is charged with a felony or class 1 or 2 misdemeanor, the investigating law enforcement agency shall notify the defendant's bail bond agent. The bill changes the standard to reasonable grounds and includes situations in which a person is arrested for a felony or class 1 or 2 misdemeanor. Under current law, a bail bond agent is exempt from having his or her bond forfeited if the defendant is removed from the country and is exempt from signing a waiver of understanding. The bill requires the bail bond agent to execute a waiver that states he or she understands that if the defendant is removed from the country the bond is forfeited and requires the bond of the bail bond agent to be forfeited if the defendant is removed from the country. A law enforcement agency holding a defendant for a felony or class 1 or 2 misdemeanor whom the law enforcement agency has reasonable grounds to believe is present in the country illegally must notify the district attorney and any pretrial services agency of the defendant's presumed immigration status. A court, when considering the amount of bond to set, shall consider whether there are reasonable grounds to believe the defendant is present in the country illegally.