14-6-109. Forfeiture of bond - disposition of fines.

Statute text

(1) In accordance with the laws of this state, bond shall be set by the court. Pursuant to subsection (2) of this section, where the defendant has been released upon deposit of cash, stocks, or bonds, or upon surety bond secured by property, if the defendant fails to appear in accordance with the primary condition of the bond, the court shall declare a forfeiture. Notice of the order of forfeiture shall be mailed immediately by the court to the defendant and sureties, if any, at last known address. If the defendant does not appear and surrender to the court having jurisdiction within thirty days from the date of the forfeiture, or within that period satisfy the court that appearance and surrender by the defendant is impossible and without the defendant's fault, the court shall enter judgment against the defendant and the sureties, if any, for the amount of the bail and costs of the court proceedings.

(2) Any moneys collected or paid upon any such execution or in any case upon said bond shall be turned over to the clerk of the court in which the bond is given to be applied to the child support obligation, including where the obligation is assigned to the department of human services pursuant to section 26-2-111 (3), C.R.S.

History

Source: L. 11: p. 531, 10. C.L. 5574. CSA: C. 83, 9. CRS 53: 43-1-9. C.R.S. 1963: 43-1-9. L. 73: p. 549, 6. L. 92: Entire section amended, p. 398, 5, effective June 3. L. 94: (2) amended, p. 2644, 104, effective July 1. L. 97: (1) amended, p. 561, 4, effective July 1; (2) amended, p. 1240, 36, effective July 1.

Annotations

Cross references: For the legislative declaration contained in the 1994 act amending subsection (2), see section 1 of chapter 345, Session Laws of Colorado 1994.