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Rule 7.1. Definitions

Arizona Revised Statutes AnnotatedRules of Criminal Procedure

Arizona Revised Statutes Annotated

Rules of Criminal Procedure (Refs & Annos)

III. Rights of Parties

Rule 7. Release (Refs & Annos)

16A A.R.S. Rules Crim.Proc., Rule 7.1

Rule 7.1. Definitions

Currentness

(a) Own Recognizance. “Own recognizance” is a release of a defendant without requiring the posting of a bond as a condition of release.

(b) Unsecured Appearance Bond. An “unsecured appearance bond” is an undertaking, on a form approved by the Supreme Court, to pay the clerk a specified sum of money upon the defendant's failure to comply with the conditions of the bond.

(c) Cash Bond. A “cash bond” is a secured appearance bond consisting of actual cash deposited by the defendant or someone acting on the defendant's behalf.

(d) Deposit Bond. A “deposit bond” is a partially-secured appearance bond in which the defendant, or someone acting on the defendant's behalf other than a professional bondsman, deposits a percentage of the full bond amount in cash.

(e) Secured Appearance Bond. A “secured appearance bond” is an appearance bond secured by deposit with the clerk of security equal to the full amount of the bond.

(f) Security. “Security” is cash, a surety's undertaking, or any property of value, deposited with the clerk to secure an appearance bond. The value of that property is determined by the clerk or, at the clerk's or a party's request, by the court.

(g) Surety. A “surety” is a person or company, other than the defendant, who executes an appearance bond and agrees to pay the amount of the bond if the defendant fails to comply with its conditions. A surety must file an affidavit with an appearance bond stating that the surety is not an attorney or person authorized to take bail, and that the surety owns property in Arizona (or is an Arizona resident owning property) with a value equal to or more than the amount of the appearance bond. The property's value is calculated after deducting the amount exempt from execution and all liabilities, including the amount of any other outstanding appearance bonds that the surety has entered into involving the same property.

(h) Professional Bondsman. Any person who is a surety simultaneously on more than 4 appearance bonds is a “professional bondsman.” A person may not be a professional bondsman unless the person annually certifies in writing under oath to the superior court clerk that the person:

(1) is an Arizona resident;

(2) is licensed with the Arizona Department of Insurance under A.R.S. § 20-340.01;

(3) has sufficient financial net worth to satisfy reasonable obligations as a surety;

(4) agrees to assume an affirmative duty to the court to remain in regular contact with any defendant released under an appearance bond on which the person is a surety;

(5) has not been convicted of a felony, except as otherwise provided in A.R.S. § 20-340.03;

(6) has no outstanding judgments arising out of surety undertakings; and

(7) has not, within a period of two years, violated any provisions of these rules or any court order.

The clerk or the court may revoke or withhold a professional bondsman's capacity to act as surety if the bondsman violates this rule's provisions.

Credits

Added Aug. 31, 2017, effective Jan. 1, 2018.

Editors' Notes

HISTORICAL AND STATUTORY NOTES

Former Rule 7.1, relating to definitions and applicability of rule, was abrogated effective Jan. 1, 2018. See, now, this rule.

16A A. R. S. Rules Crim. Proc., Rule 7.1, AZ ST RCRP Rule 7.1

The Code of Judicial Administration is current with amendments received through 3/1/20. All other state court rules are current with amendments received through 2/15/20.

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