Report Title:

Judiciary; Bail; Unclaimed Bail Money

Description:

Establishes that bail money that has not been declared forfeited and that remains unclaimed for at least two years after final disposition of the case for which the money was deposited shall be presumed abandoned under the Uniform Unclaimed Property Act. (SB2606 HD1)

THE SENATE

S.B. NO.

2606

TWENTY-THIRD LEGISLATURE, 2006

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to bail.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 804-2, Hawaii Revised Statutes, is amended to read as follows:

"§804-2 Unclaimed bail money. All money deposited by way of bail or bond, in any proceeding before any court, [which] that has not been declared forfeited, and not claimed within two years after the final disposition of the cause of action in which the money was deposited, shall[, after due notice to the person who has deposited the same, by the then custodian of the money and upon order of court, be paid over to the director of finance of the State as a state government realization.] be presumed abandoned under chapter 523A."

SECTION 2. This Act shall apply to all bail money held at the time of its enactment, or at any time thereafter.

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.