46-9-302. Bail schedule -- acceptance by peace officer. (1) A judge may establish and post a schedule of bail for offenses over which the judge has original jurisdiction. A person may not be released on bail without first appearing before the judge when the offense is:
(a) any assault on a partner or family member, as partner or family member is defined in 45-5-206;
(b) stalking, as defined in 45-5-220; or
(c) violation of an order of protection, as defined in 45-5-626.
(2) A peace officer may accept bail on behalf of a judge:
(a) in accordance with the bail schedule established under subsection (1); or
(b) whenever the warrant of arrest specifies the amount of bail.
(3) Whenever a peace officer accepts bail, the officer shall give a signed receipt to the offender setting forth the bail received. The peace officer shall then deliver the bail to the judge before whom the offender is to appear, and the judge shall give a receipt to the peace officer for the bail delivered.
History: En. 95-1103 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1103; amd. Sec. 6, Ch. 700, L. 1985; amd. Sec. 78, Ch. 800, L. 1991; amd. Sec. 4, Ch. 292, L. 1993; amd. Sec. 5, Ch. 425, L. 1993; amd. Sec. 16, Ch. 350, L. 1995; amd. Sec. 7, Ch. 484, L. 1997; amd. Sec. 3, Ch. 449, L. 2001.