(a) (1) Except as provided in subsection (b), the judges of the general sessions, circuit, criminal and supreme courts may receive, hear and determine the petition of any person who claims relief is merited on any recognizances forfeited, and so lessen or absolutely remit the same, less a clerk's commission of five percent (5%) of the original paid final forfeiture or one thousand dollars ($1,000), whichever is less, and do all and everything therein as they shall deem just and right, and consistent with the welfare of the state, as well as the person praying for relief. This power shall extend to the relief of those against whom final judgment has been entered whether or not the judgment has been paid, as well as to the relief of those against whom proceedings are in progress.(2) Cities, which have adopted home rule, may elect to authorize their city court judges to lessen or remit forfeitures in accordance with this section if those judges have jurisdiction to hear state misdemeanor cases.
(1) Except as provided in subsection (b), the judges of the general sessions, circuit, criminal and supreme courts may receive, hear and determine the petition of any person who claims relief is merited on any recognizances forfeited, and so lessen or absolutely remit the same, less a clerk's commission of five percent (5%) of the original paid final forfeiture or one thousand dollars ($1,000), whichever is less, and do all and everything therein as they shall deem just and right, and consistent with the welfare of the state, as well as the person praying for relief. This power shall extend to the relief of those against whom final judgment has been entered whether or not the judgment has been paid, as well as to the relief of those against whom proceedings are in progress.
(2) Cities, which have adopted home rule, may elect to authorize their city court judges to lessen or remit forfeitures in accordance with this section if those judges have jurisdiction to hear state misdemeanor cases.
(b) In counties having a population of more than seven hundred thousand (700,000), according to the 1990 federal census or any subsequent federal census, the clerk's commission authorized by this section shall be ten percent (10%) of the forfeiture or one thousand dollars ($1,000), whichever is less.
(c) (1) In the event of forfeiture by the principal, the surety may petition the court for release from their obligations as surety. The petition must be accompanied by a sworn affidavit detailing what good faith efforts were made to locate and assure the appearance of the principal.(2) Upon the filing of a petition, the court shall hold a hearing during which the bondsman may state the good faith efforts made to locate and assure the appearance of the principal. The court shall include any such statement by the bondsman in its written order following the hearing.(3) Upon a finding, by a preponderance of the evidence, that the bondsman has complied with the good faith effort requirements of this subsection (c), the court may release or exonerate the bondsman of the bondsman's obligations in the case.(4) In considering whether good faith efforts were made by the bondsman to locate and assure the appearance of the principal, the court may inquire as to the following factors:(A) Records retained by the surety as to the principal's contact information, place of residence, place of employment, known associations, or any other such record;(B) Actions and steps taken by the surety to keep track of the principal's location;(C) Actions and steps taken by the surety to locate the principal;(D) Information obtained by the surety as to where the principal may be, even if that information is not conclusive with respect to the principal's location; and(E) Any other information that the court would find useful in determining whether the surety acted in good faith to assure the appearance of the principal.
(1) In the event of forfeiture by the principal, the surety may petition the court for release from their obligations as surety. The petition must be accompanied by a sworn affidavit detailing what good faith efforts were made to locate and assure the appearance of the principal.
(2) Upon the filing of a petition, the court shall hold a hearing during which the bondsman may state the good faith efforts made to locate and assure the appearance of the principal. The court shall include any such statement by the bondsman in its written order following the hearing.
(3) Upon a finding, by a preponderance of the evidence, that the bondsman has complied with the good faith effort requirements of this subsection (c), the court may release or exonerate the bondsman of the bondsman's obligations in the case.
(4) In considering whether good faith efforts were made by the bondsman to locate and assure the appearance of the principal, the court may inquire as to the following factors:(A) Records retained by the surety as to the principal's contact information, place of residence, place of employment, known associations, or any other such record;(B) Actions and steps taken by the surety to keep track of the principal's location;(C) Actions and steps taken by the surety to locate the principal;(D) Information obtained by the surety as to where the principal may be, even if that information is not conclusive with respect to the principal's location; and(E) Any other information that the court would find useful in determining whether the surety acted in good faith to assure the appearance of the principal.
(A) Records retained by the surety as to the principal's contact information, place of residence, place of employment, known associations, or any other such record;
(B) Actions and steps taken by the surety to keep track of the principal's location;
(C) Actions and steps taken by the surety to locate the principal;
(D) Information obtained by the surety as to where the principal may be, even if that information is not conclusive with respect to the principal's location; and
(E) Any other information that the court would find useful in determining whether the surety acted in good faith to assure the appearance of the principal.