(a) When Declared. If there is a breach of condition of the bail, the Court or magistrate shall declare the bail forfeited.
(Passed 12-10-87)
(b) Setting Aside. The Court may direct that a forfeiture be set aside, upon such conditions as may be imposed, if it appears that justice does not require the enforcement of the forfeiture.
(c) Enforcement. When a forfeiture has not been set aside, the Court or magistrate, upon motion of the City, shall enter a judgment of default and execution may issue thereon; provided that if the deposit for bail be by a person other than the defendant, or if the bail be in the form of recognizance, such person making the deposit or the surety on the recognizance shall be given ten days' notice by certified mail at his last known address to appear and show cause why a judgment of default should not be entered. Execution shall issue in the name of the City and shall proceed in the manner provided by law in civil actions. If the bail be in the form of bonds or stocks, the judgment order may direct that all or part thereof be sold through a State or national bank or through a brokers' exchange registered with the Federal Securities and Exchange Commission.
(d) Exoneration; Return of Deposit. When the condition of the bond has been satisfied or the forfeiture thereof has been set aside or remitted, the Court shall exonerate the surety and release any bail and, if the bail be in a form other than a recognizance, the deposit shall be returned to the person who made the same. The surety may be exonerated by a deposit of cash in the amount of the bail or by a timely surrender of the defendant into custody.
(e) Defendant in Form of Bail. No action or judgment for forfeiture of bail shall be defeated or arrested by the neglect or omission to record the declaration of forfeiture or by reason of any defect in the form of the bail, if it appears to have been taken by a Court authorized to take it, and be substantially sufficient.
(Passed 12-10-87)