THE CODE OF CRIMINAL PROCEDURE
Act 175 of 1927
765.15 Bail; cash, check, or security; disposition upon forfeiture or discharge of bond or bail.
Sec. 15.
(1) If bond or bail is forfeited, the court shall enter an order upon its records directing the disposition of the cash, check, or security within 45 days of the order. The treasurer or clerk, upon presentation of a certified copy of such order, shall dispose of the cash, check, or security pursuant to the order. The court shall set aside the forfeiture and discharge the bail or bond, within 1 year from the time of the forfeiture judgment, in accordance with subsection (2) if the person who forfeited bond or bail is apprehended, the ends of justice have not been thwarted, and the county has been repaid its costs for apprehending the person.
(2) If bond or bail is discharged, the court shall enter an order with a statement of the amount to be returned to the depositor. If the court ordered the defendant to pay a fine, costs, restitution, assessment, or other payment, the court shall order the fine, costs, restitution, assessment, or other payment collected out of cash bond or bail personally deposited by the defendant under this chapter, and the cash bond or bail used for that purpose shall be allocated as provided in section 22 of chapter XV. Upon presentation of a certified copy of the order, the treasurer or clerk having the cash, check, or security shall pay or deliver it as provided in the order to the person named in the order or to that person's order.
(3) If the cash, check, or security is in the hands of the sheriff or any officer other than the treasurer or clerk, the officer holding it shall dispose of the cash, check, or security as the court orders upon presentation of a certified copy of the court's order.
History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17177 ;-- CL 1948, 765.15 ;-- Am. 1970, Act 78, Imd. Eff. July 16, 1970 ;-- Am. 1970, Act 226, Eff. Apr. 1, 1970 ;-- Am. 1993, Act 343, Eff. May 1, 1994
FormerLaw Notes:
See section 4 of Act 332 of 1919.
Notes of Decisions
Cited in
15
cases (
1 in the last 5 years), 1971–2022 · leading case:
In the Matter of Laster, 274 N.W.2d 742 (Mich. 1979).
In the Matter of Laster, 274 N.W.2d 742 (Mich. 1979).
· cites it 12× “3552, [2] 2) in cases where the bond had been forfeited several years before, an alleged violation of MCL 765.15; MSA 28.902, [3] 3) without notice to the county, an alleged violation of GCR 1963, 772.”
People v. Evans, 454 N.W.2d 105 (Mich. 1990).
· cites it 12× “Kozy argued that it was entitled to remission of the forfeited bond because it had *318 produced Evans within sixty days of the March 12, 1986, judgment, and, in the alternative, because it had satisfied the requirements for remission of forfeited bonds under MCL 765.15; MSA…”
Calvert Bail Bond Agency, LLC v. St Clair Cnty., 887 N.W.2d 425 (Mich. Ct. App. 2016).
· cites it 2× “2 Although not relevant for the issue presented on appeal, Evans addressed the then-existing split authority on whether a surety could recover its forfeited bonds under MCL 765.15. Evans, 434 Mich at 316, 318-319 .”
People v. Kang, 531 N.W.2d 806 (Mich. Ct. App. 1995).
· cites it 7× “Appellant Min Nam Lee appeals *542 as of right from an order denying his motion to set aside a bond forfeiture order pursuant to MCL 765.15; MSA 28.902. We reverse. Defendant Myung Won Kang was charged in Bay County with armed robbery and released on November 21, 1990, after…”
People v. Munley, 438 N.W.2d 292 (Mich. Ct. App. 1989).
· cites it 12× “MCL 765.15; MSA 28.902, governing the remission of bond forfeitures, provides as follows: (a) If such bond or bail be forfeited, the court shall enter an order upon its records directing, within 45 days of the order, the disposition of such cash, check or security, and the…”
People v. Evans, 425 N.W.2d 209 (Mich. Ct. App. 1988).
· cites it 4× “MCL 765.15; MSA 2&902 provides: (a) If such bond or bail be forfeited, the court shall enter an order upon its records directing, within 45 days of the order, the disposition of such cash, check or security, and the treasurer or clerk, upon presentation of a certified copy of…”
People v. Pavlak, 297 N.W.2d 878 (Mich. Ct. App. 1980).
· cites it 3× “(a) If such bond or bail be forfeited, the court shall enter an order upon its records directing, within 45 days of the order, the disposition of such cash, check or security, and the treasurer or clerk, upon presentation of a certified copy of such order, shall make disposition…”
People v. Tom Johnson, 250 N.W.2d 508 (Mich. Ct. App. 1976).
· cites it 3× “The Surety’s motion was denied by the Court on the basis that MCLA 765.15; MSA 28.902 does not apply to súrety bonds collected after judgment.”
People v. Kang, 582 N.W.2d 872 (Mich. Ct. App. 1998).
· cites it 3× “902 stated in pertinent part: 1 (a) If such bond or bail be forfeited, the court shall enter an order upon its records directing, within 45 days of the order, the disposition of such cash, check, or security, and the treasurer or clerk, upon presentation of a certified copy of…”
— Mich. Comp. Laws § 765.15(a) — 5 cases
People v. Evans, 454 N.W.2d 105 (Mich. 1990).
“Kozy argued that it was entitled to remission of the forfeited bond because it had *318 produced Evans within sixty days of the March 12, 1986, judgment, and, in the alternative, because it had satisfied the requirements for remission of forfeited bonds under MCL 765.15; MSA…”
People v. Kang, 531 N.W.2d 806 (Mich. Ct. App. 1995).
“Appellant Min Nam Lee appeals *542 as of right from an order denying his motion to set aside a bond forfeiture order pursuant to MCL 765.15; MSA 28.902. We reverse. Defendant Myung Won Kang was charged in Bay County with armed robbery and released on November 21, 1990, after…”
In the Matter of Laster, 274 N.W.2d 742 (Mich. 1979).
“3552, [2] 2) in cases where the bond had been forfeited several years before, an alleged violation of MCL 765.15; MSA 28.902, [3] 3) without notice to the county, an alleged violation of GCR 1963, 772.”
People v. Pavlak, 297 N.W.2d 878 (Mich. Ct. App. 1980).
“(a) If such bond or bail be forfeited, the court shall enter an order upon its records directing, within 45 days of the order, the disposition of such cash, check or security, and the treasurer or clerk, upon presentation of a certified copy of such order, shall make disposition…”
People v. Kang, 582 N.W.2d 872 (Mich. Ct. App. 1998).
“902 stated in pertinent part: 1 (a) If such bond or bail be forfeited, the court shall enter an order upon its records directing, within 45 days of the order, the disposition of such cash, check, or security, and the treasurer or clerk, upon presentation of a certified copy of…”
— Mich. Comp. Laws § 765.15(b) — 1 case
People v. Evans, 454 N.W.2d 105 (Mich. 1990).
“Kozy argued that it was entitled to remission of the forfeited bond because it had *318 produced Evans within sixty days of the March 12, 1986, judgment, and, in the alternative, because it had satisfied the requirements for remission of forfeited bonds under MCL 765.15; MSA…”
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