(a) The chief magistrate of each county may by written order
establish a schedule of cash bonds for the personal appearance in
court of any person charged with a violation of an ordinance. The
chief magistrate shall designate the officer or officers authorized
to accept cash bonds pursuant to the schedule of bonds published by
the court. In no event shall any officer or agent who is authorized
to issue citations be authorized to accept a cash bond at the time
of or in conjunction with the issuance of any citation. The officer
accepting a cash bond shall issue a receipt for the bond to the
person charged with the violation. (b) Any person who is accused by citation but has not been arrested
may, but shall not be required to, give a cash bond for his personal
appearance in court for trial. If a person who has given a cash
bond fails to appear for trial, the failure to appear shall be
deemed to constitute a guilty plea and such cash bond shall be
forfeited upon the call of the case for trial. It shall not be
necessary for the county to take any further action to forfeit the
cash bond. Forfeiture of a cash bond shall be deemed to constitute
imposition and payment of a fine and shall be a bar to a subsequent
prosecution of the accused for the violation. The court may,
however, in any case enter an order pursuant to which bond
forfeiture shall not be deemed to constitute imposition of a
sentence and subsequent prosecution shall not be barred; and in any
such case the amount of the bond forfeited shall be credited against
any fine subsequently imposed. (c) It shall be the duty of the clerk of magistrate court to furnish
the officer or officers authorized under the order with a book of
blank receipts consecutively numbered in triplicate and readily
distinguishable and identifiable. The receipts shall be completed
by the officers when accepting a cash bond so as to show the name of
the person cited or arrested, the date of citation or arrest, nature
of the offense, amount of cash bond given, and the name of the
receiving officer. The receiving officer shall deliver a copy of
the receipt to the person cited or arrested at the time the cash
bond is given and shall file the original together with the cash
bond with the clerk of the magistrate court not later than the next
succeeding business day following the date of issuance of the
receipt. |