SB 2161

Present law requires a defendant to be placed on any available state or federal list or database as a fugitive from justice, including the National Crime Information Center, if a court issues a bench warrant or a capias due to a defendant doing any of th e following:  Failing to appear on a felony that is violent or sexual in nature.  Failing to appear on a Class A or Class B misdemeanor that is violent or sexual in nature.  Being charged with a failure to appear. This bill removes the requirement to place on such list or database a defendant for failing to appear on Class A or Class B misdemeanors that are violent or sexual in nature and for being charged with a failure to appear. LIABILITY OF SURETY Present law removes liability for a surety for any undertaking if the defendant has not been placed on the available state or federal list or database within three business days of the entering agency's receipt of the bench warrant or capias. This bill expands the time in which a surety is relieved from liability if the defendant has not been placed on the available state or federal list or database to 10 business days of the entering agency's receipt of the bench warrant or capias. ON APRIL 9, 2026, THE SENATE SUBSTITUTED HOUSE BILL 2374 FOR SENATE BILL 2161, ADOPTED AMENDMENT #1, AND PASSED HOUSE BILL 2374, AS AMENDED. AMENDMENT #1 reduces from 10 to three the number of business days after the entering agency's receipt of the bench warrant or capias that the court may relieve the surety of liability for an undertaking if the defendant has not been placed on the availabl e state or federal list or database. ON APRIL 14, 2026, THE HOUSE NON-CONCURRED IN SENATE AMENDMENT #1. ON APRIL 16, 2026, THE SENATE REFUSED TO RECEDE FROM ITS ADOPTION OF SENATE AMENDMENT #1. ON APRIL 16, 2026, THE HOUSE REFUSED TO RECEDE IN ITS NON-CONCURRENCE IN SENATE AMENDMENT #1 AND APPOINTED A CONFERENCE COMMITTEE. ON APRIL 20, 2026, THE SENATE APPOINTED A CONFERENCE COMMITTEE. ON APRIL 23, 2026, THE SENATE ADOPTED THE CONFERENCE COMMITTEE REPORT.