Nebraska Bail Laws

1. Applicable Statutes.

A. NEBRASKA REVISED STATUTES OF 1943 CHAPTER 29. CRIMINAL PROCEDURE ARTICLE 11. PROCEEDINGS UPON FORFEITURE OF RECOGNIZANCE.

B. NEBRASKA REVISED STATUTES OF 1943 CHAPTER 25. COURTS, DISTRICT; CIVIL PROCEDURE ARTICLE 22. GENERAL PROVISIONS. (D) MISCELLANEOUS

C. NEBRASKA REVISED STATUTES OF 1943 CHAPTER 29. CRIMINAL PROCEDURE ARTICLE 9. BAIL

2. Licensing Requirements for Agents.

*** Nebraska’s statutes currently do not contain regulations for regarding the licensing of bail bond recovery or bail enforcement agents. The closest equivalent in the NE statutes is the provisions dealing with licensing of a "surety." ***

1. NEBRASKA REVISED STATUTES OF 1943 CHAPTER 25. COURTS, DISTRICT; CIVIL PROCEDURE ARTICLE 22. GENERAL PROVISIONS. (D) MISCELLANEOUS                                          § 25-2222. Sureties; affidavit of qualifications; effect.

• Ministerial officers, whose duty it is to take security on undertakings, bonds and recognizances, provided by this code, shall require the person offered as surety to make an affidavit of his qualifications. The taking of such an affidavit shall not exempt any ministerial officer, or other officer acting in a ministerial capacity, from any liability to which he might otherwise be subject for taking insufficient surety.

2. 25-2223. Sureties; justification; requirements.

• The surety in every undertaking, bond and recognizance, provided by this code, must be a resident of this state and must have property, liable to execution, situate in the county in this state in which such undertaking, bond or recognizance is to be given and filed, worth at least double the sum to be secured, beyond the amount of all liens and encumbrances thereon and his exemptions therein; but this provision shall not be held to apply to incorporated surety companies authorized by the laws of this state to transact business. Except in the case of incorporated surety companies, where there are two or more sureties in the same undertaking, bond or recognizance, they must, in the aggregate, have the qualifications prescribed in this section.

3. Notice of Forfeiture

1. NEBRASKA REVISED STATUTES OF 1943 CHAPTER 29. CRIMINAL PROCEDURE ARTICLE 11. PROCEEDINGS UPON FORFEITURE OF RECOGNIZANCE.   § 29-1106. Recognizance forfeited; when.

• When there is a breach of condition of a recognizance, the court shall declare a forfeiture of the bail.

2. § 29-1108. Recognizance forfeited; motion; notice; judgment; cash deposit, disposition.

• When a forfeiture of a recognizance has not been set aside, the court in which the proceeding is pending shall on motion enter a judgment of default and execution may issue thereon. Where a cash deposit has been made in lieu of a surety or sureties as provided in section 29-901, the cash deposit shall upon forfeiture of the recognizance be paid into the county treasury upon the entry of order of forfeiture of the bond after first deducting all court costs due and owing such court. By entering into a bond, the obligors submit to the jurisdiction of the court, and irrevocably appoint the clerk of the court as their agent upon whom any papers affecting their liability may be served. The liability upon the bond may be enforced on motion without the necessity of an independent action. The motion and such notice of the motion as the court prescribes may be served on the clerk of the court, who shall forthwith mail copies thereof to the obligors to their last-known addresses.

4. Allotted Time between Forfeiture Declaration and Payment Due Date.

• (The Nebraska statutes do not contain any provisions regarding allotted time between forfeiture declaration and payment due other than those given above).

5. Forfeiture Defenses.

1. NEBRASKA REVISED STATUTES OF 1943 CHAPTER 29. CRIMINAL PROCEDURE ARTICLE 11. PROCEEDINGS UPON FORFEITURE OF RECOGNIZANCE.                                          § 29-1110. Recognizance forfeited; satisfaction; forfeiture set aside or remitted; exoneration of surety.

• When the conditions of the recognizance have been satisfied or the forfeiture thereof has been set aside or remitted, the court shall exonerate the obligors and release any bail. A surety may be exonerated by a deposit of cash in the amount of the recognizance or by a timely surrender of the defendant into custody.

6. Remission.

• (see above, section #5).

7. Bail Agent’s Arrest Authority.

1. NEBRASKA REVISED STATUTES OF 1943 CHAPTER 29. CRIMINAL PROCEDURE ARTICLE 9. BAIL.§ 29-906. Surrender of accused by surety to sheriff; authority.

• In all cases of bail for the appearance of any person or persons charged with any criminal offense, the surety or sureties of such person or persons may, at any time before judgment is rendered against him or them, seize and surrender such person or persons charged as aforesaid to the sheriff of the county wherein the recognizance shall be taken.
  

8. Other Noteworthy Provisions.

1. NEBRASKA REVISED STATUTES OF 1943 CHAPTER 29. CRIMINAL PROCEDURE ARTICLE 7. EXTRADITION AND DETAINER. (A) UNIFORM CRIMINAL EXTRADITION ACT                                                                  § 29-746. Bail; forfeiture; effect.

• If the prisoner is admitted to bail, and fails to appear and surrender himself according to the conditions of his bond, the judge, or magistrate by proper order, shall declare the bond forfeited and order his immediate arrest without warrant if he be within this state. Recovery may be had on such bond in the name of the state as in the case of other bonds given by the accused in criminal proceedings within this state.

9. Noteworthy State Appellate Decisions.

A. State v. Hernandez

1 Neb.App. 830, 511 N.W.2d 535

Neb.App.

May 18, 1993

• Defendant appealed from order of the District Court, Scotts Bluff County, Robert O. Hippe, J., overruling defendant's motion to set aside his bond forfeiture. The Court of Appeals, Irwin, J., held that: (1) ruling on motion to set aside forfeiture of bond was appealable order; (2) trial court could impose condition in appeal bond that defendant not commit any crime while free on bond pending appeal; and (3) court was required to conduct evidentiary hearing to determine whether bond forfeiture should be set aside, considering cost, inconvenience and prejudice, if any, suffered by government as result of defendant's breach and any explanation or mitigating circumstances presented by defendant.                                                 Reversed and remanded with directions.

2. State v. Hart

198 Neb. 164, 252 N.W.2d 139

Neb.

Mar 30, 1977

• The District Court, Lincoln County, Stuart, J., entered judgment on defendant's appearance bond, and defendant appealed. The Supreme Court, Boslaugh, J., held that where defendant failed to appear in court as required by conditions of his appearance bond, liability on bond became absolute and forfeiture was proper, in absence of showing excusing defendant's failure to appear.                                                   Affirmed.

3. State v. Ingoldsby

111 Neb. 787, 197 N.W. 960.

• Premature default and forfeiture of bail bond on morning of day defendant was required to appear is not jurisdictional defect and became final after term.

4. State v. Casey

180 Neb. 888, 146 N.W.2d 370

(1966)

• Lack of specific date for appearance in bail bond did not operate to relieve surety from liability.

10. Bounty Hunter Provisions.

At this time, there appear to be no specific regulations for "Bounty Hunters" in the Nebraska statutes.