Bail Bond Fairness Act of 2001

The Bail Bond Fairness Act of 2001 (H.R. 2929) proposes to limit the circumstances under which a defendant’s bail money or property can be seized by the government. Under this bill, a court would only be permitted to declare a bail bond forfeited if the defendant fails to physically appear in court as required.

Currently, federal judges have the discretion to seize bail for various violations of release conditions, such as failing a drug test or traveling outside of a restricted area. This legislation would remove those "collateral" violations as grounds for financial forfeiture, ensuring that the primary purpose of the bond remains focused on guaranteeing the defendant's presence at trial. For citizens, this would mean that family members or bail bondsmen who provide financial backing for a defendant would only risk losing that money if the defendant flees, rather than for technical violations of pretrial supervision.