IB 

Union Calendar No. 191

108TH CONGRESS 

1ST SESSION H. R. 2134

[Report No. 108–316] 

To amend title 18, United States Code, and the Federal Rules of Criminal 

Procedure with respect to bail bond forfeitures. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 15, 2003

Mr. KELLER (for himself, Mr. WEXLER, Mr. BAIRD, Mr. BASS, Ms. EDDIE

BERNICE JOHNSON of Texas, Ms. GINNY BROWN-WAITE of Florida, Mr. 

BURTON of Indiana, Mr. CARSON of Oklahoma, Mr. CONYERS, Mr. DAVIS

of Florida, Mr. DEUTSCH, Mr. ENGLISH, Mr. FEENEY, Mr. HONDA, Mr. 

ISSA, Mr. MCCOTTER, Mr. MCDERMOTT, Mr. MEEHAN, Mr. MEEKS of 

New York, Mr. MICA, Mr. NADLER, Mr. PASCRELL, Mr. SCOTT of Virginia, Mr. THOMPSON of Mississippi, Mr. CHABOT, Ms. HART, Mr. GARRETT of New Jersey, Mr. OTTER, Mr. MURPHY, Mr. LAMPSON, and Mr. 

FOLEY) introduced the following bill; which was referred to the Committee on the Judiciary 

OCTOBER 15, 2003

Additional sponsors: Mr. ROSS, Mr. STRICKLAND, Mr. HOYER, Ms. LOFGREN, 

Ms. KAPTUR, Mr. WILSON of South Carolina, and Ms. BALDWIN

OCTOBER 15, 2003 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on May 15, 2003] 

A BILL

To amend title 18, United States Code, and the Federal 
2

•HR 2134 RH 

Rules of Criminal Procedure with respect to bail bond 

forfeitures.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Bail Bond Fairness Act 

5 of 2003’’. 

6 SEC. 2. FINDINGS AND PURPOSES. 

7 (a) FINDINGS.—The Congress makes the following 

8 findings: 

9 (1) Historically, the sole purpose of bail in the 

10 United States was to ensure the defendant’s physical 

11 presence before a court. The bail bond would be de12 clared forfeited only when the defendant actually 

13 failed to appear as ordered. Violations of other, collat14 eral conditions of release might cause release to be re15 voked, but would not cause the bond to be forfeited. 

16 This historical basis of bail bonds best served the in17 terests of the Federal criminal justice system. 

18 (2) Currently, however, Federal judges have 

19 merged the purposes of bail and other conditions of 

20 release. These judges now order bonds forfeited in 

21 cases in which the defendant actually appears as or22 dered but he fails to comply with some collateral con23 dition of release. The judges rely on Federal Rule of 

24 Criminal Procedure 46(f) as authority to do so. 
3

•HR 2134 RH 

1 (3) Federal Rule of Criminal Procedure 46(e) 

2 has withstood repeated court challenges. In cases such 

3 as United States v. Vaccaro, 51 F.3d 189 (9th Cir. 

4 1995), the rule has been held to authorize Federal 

5 courts specifically to order bonds forfeited for viola6 tion of collateral conditions of release and not simply 

7 for failure to appear. Moreover, the Federal courts 

8 have continued to uphold and expand the rule because 

9 they find no evidence of congressional intent to the 

10 contrary, specifically finding that the provisions of 

11 the Bail Bond Act of 1984 were not intended to su12 persede the rule. 

13 (4) As a result, the underwriting of bonds for 

14 Federal defendants has become virtually impossible. 

15 Where once the bail agent was simply ensuring the 

16 defendant’s physical presence, the bail agent now 

17 must guarantee the defendant’s general good behavior. 

18 Insofar as the risk for the bail agent has greatly in19 creased, the industry has been forced to adhere to 

20 strict underwriting guidelines, in most cases requir21 ing full collateral. Consequently, the Federal criminal 

22 justice system has been deprived of any meaningful 

23 bail bond option. 

24 (b) PURPOSES.—The purposes of this Act are—
4

•HR 2134 RH 

1 (1) to restore bail bonds to their historical origin 

2 as a means solely to ensure the defendant’s physical 

3 presence before a court; and 

4 (2) to grant judges the authority to declare bail 

5 bonds forfeited only where the defendant actually fails 

6 to appear physically before a court as ordered and 

7 not where the defendant violates some other collateral 

8 condition of release. 

9 SEC. 3. FAIRNESS IN BAIL BOND FORFEITURE. 

10 (a)(1) Section 3146(d) of title 18, United States Code, 

11 is amended by inserting at the end ‘‘The judicial officer 

12 may not declare forfeited a bail bond for violation of a re13 lease condition set forth in clauses (i)–(xi), (xiii), or (xiv) 

14 of section 3142(c)(1)(B).’’. 

15 (2) Section 3148(a) of title 18, United States Code, 

16 is amended by inserting at the end ‘‘Forfeiture of a bail 

17 bond executed under clause (xii) of section 3142(c)(1)(B) 

18 is not an available sanction under this section and such 

19 forfeiture may be declared only pursuant to section 3146.’’. 

20 (b) Rule 46(f)(1) of the Federal Rules of Criminal Pro21 cedure is amended by striking ‘‘a condition of the bond is 

22 breached’’ and inserting ‘‘the defendant fails to appear 

23 physically before the court’’. 

Union Calendar No. 191

108TH CONGRESS 

1ST SESSION H. R. 2134

[Report No. 108–316] 

A BILL

To amend title 18, United States Code, and the 

Federal Rules of Criminal Procedure with respect to bail bond forfeitures. 

OCTOBER 15, 2003

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, 

and ordered to be printed 
2

•HR 2134 RH 

Rules of Criminal Procedure with respect to bail bond 

forfeitures.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Bail Bond Fairness Act 

5 of 2003’’. 

6 SEC. 2. FINDINGS AND PURPOSES. 

7 (a) FINDINGS.—The Congress makes the following 

8 findings: 

9 (1) Historically, the sole purpose of bail in the 

10 United States was to ensure the defendant’s physical 

11 presence before a court. The bail bond would be de12 clared forfeited only when the defendant actually 

13 failed to appear as ordered. Violations of other, collat14 eral conditions of release might cause release to be re15 voked, but would not cause the bond to be forfeited. 

16 This historical basis of bail bonds best served the in17 terests of the Federal criminal justice system. 

18 (2) Currently, however, Federal judges have 

19 merged the purposes of bail and other conditions of 

20 release. These judges now order bonds forfeited in 

21 cases in which the defendant actually appears as or22 dered but he fails to comply with some collateral con23 dition of release. The judges rely on Federal Rule of 

24 Criminal Procedure 46(f) as authority to do so. 
3

•HR 2134 RH 

1 (3) Federal Rule of Criminal Procedure 46(e) 

2 has withstood repeated court challenges. In cases such 

3 as United States v. Vaccaro, 51 F.3d 189 (9th Cir. 

4 1995), the rule has been held to authorize Federal 

5 courts specifically to order bonds forfeited for viola6 tion of collateral conditions of release and not simply 

7 for failure to appear. Moreover, the Federal courts 

8 have continued to uphold and expand the rule because 

9 they find no evidence of congressional intent to the 

10 contrary, specifically finding that the provisions of 

11 the Bail Bond Act of 1984 were not intended to su12 persede the rule. 

13 (4) As a result, the underwriting of bonds for 

14 Federal defendants has become virtually impossible. 

15 Where once the bail agent was simply ensuring the 

16 defendant’s physical presence, the bail agent now 

17 must guarantee the defendant’s general good behavior. 

18 Insofar as the risk for the bail agent has greatly in19 creased, the industry has been forced to adhere to 

20 strict underwriting guidelines, in most cases requir21 ing full collateral. Consequently, the Federal criminal 

22 justice system has been deprived of any meaningful 

23 bail bond option. 

24 (b) PURPOSES.—The purposes of this Act are—
4

•HR 2134 RH 

1 (1) to restore bail bonds to their historical origin 

2 as a means solely to ensure the defendant’s physical 

3 presence before a court; and 

4 (2) to grant judges the authority to declare bail 

5 bonds forfeited only where the defendant actually fails 

6 to appear physically before a court as ordered and 

7 not where the defendant violates some other collateral 

8 condition of release. 

9 SEC. 3. FAIRNESS IN BAIL BOND FORFEITURE. 

10 (a)(1) Section 3146(d) of title 18, United States Code, 

11 is amended by inserting at the end ‘‘The judicial officer 

12 may not declare forfeited a bail bond for violation of a re13 lease condition set forth in clauses (i)–(xi), (xiii), or (xiv) 

14 of section 3142(c)(1)(B).’’. 

15 (2) Section 3148(a) of title 18, United States Code, 

16 is amended by inserting at the end ‘‘Forfeiture of a bail 

17 bond executed under clause (xii) of section 3142(c)(1)(B) 

18 is not an available sanction under this section and such 

19 forfeiture may be declared only pursuant to section 3146.’’. 

20 (b) Rule 46(f)(1) of the Federal Rules of Criminal Pro21 cedure is amended by striking ‘‘a condition of the bond is 

22 breached’’ and inserting ‘‘the defendant fails to appear 

23 physically before the court’’. 

Union Calendar No. 191

108TH CONGRESS 

1ST SESSION H. R. 2134

[Report No. 108–316] 

A BILL

To amend title 18, United States Code, and the 

Federal Rules of Criminal Procedure with respect to bail bond forfeitures. 

OCTOBER 15, 2003

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, 

and ordered to be printed