State v. Affordable Bail Bonds

OPINION

TIMMER, Judge.

¶ 1 Surety-appellant Affordable Bail Bonds (“Affordable”) appeals from a judgment entered in the trial court forfeiting one-half of an appearance bond posted by Affordable. We are asked to decide two issues:

1. Whether our legislature, by enacting Arizona Revised Statutes Annotated (“A.R.S.”) section 13-3885(B)(1) (Supp.1999), created a duty owed by law enforcement agencies to bail bondsmen to apprehend a felony fugitive found within a residential structure; and

2. Whether Affordable surrendered its principal to the State, within the meaning of A.R.S. section 13-3974…