§ 15-13-139 — Remission After Final Judgment of Forfeiture

In forfeiture cases where the sureties have paid the amount of the forfeiture into the court or in cases where the forfeiture has been made final or absolute and there is no further litigation pending on the forfeiture, and the surety locates the defendant and causes the return of the defendant to the custody of the court where the bond was forfeited, and if the defendant was substantially procured by actions of the surety, and the administration of justice has not been thwarted nor the successful prosecution of the defendant has been affected, then the court that ordered the forfeiture, shall have full power and jurisdiction in all proceedings conducted pursuant to this article and within a period of one year from the date of issuance of any final forfeiture judgment, to consider any costs to the state or its subdivisions which resulted as a cause of the default, if any, and upon giving consideration thereto, may, in the court’s discretion, remit the whole of the penalty of the bail, or undertaking, or any portion thereof, which is in excess of any costs to the state or its subdivisions, and render a new final judgment against the sureties appearing upon the bail bond or undertaking. In forfeiture cases, if the judgment has been paid into the State Treasury or a municipal treasury, the court may issue an order to the custodian of the treasury to make a refund to the sureties.

Legislative History

(Acts 1993, No. 93-677, p. 1259, §40; Act 2023-476, §1.)