§ 5-211. Failure to surrender after forfeiture of bail or recognizance

   (a) Bench warrant. -- If a person has been charged with a crime and admitted to bail or released on recognizance and the person forfeits the bail or recognizance and willfully fails to surrender, a bench warrant shall be issued for the person's arrest.

(b) Penalties. -- A person who has been admitted to bail or released on recognizance in a criminal case in the State and who willfully fails to surrender within 30 days after the date of forfeiture is guilty of a misdemeanor and on conviction is subject to:

   (1) a fine not exceeding $ 5,000 or imprisonment not exceeding 5 years or both, if the bail or recognizance was given in connection with a charge of a felony or pending an appeal, certiorari, habeas corpus, or postconviction proceeding after conviction of any crime; or

   (2) a fine not exceeding $ 1,000 or imprisonment not exceeding 1 year or both, if the bail or recognizance was given in connection with a charge of a misdemeanor, or for appearance as a witness.

(c) Effect of section. -- This section does not diminish the power of a court to punish for contempt.

(d) Statute of limitations and in banc review. -- A person who is prosecuted under subsection (b)(1) of this section is subject to § 5-106(b) of the Courts Article regarding the exemption from the statute of limitations for the institution of prosecution and the right of in banc review.

HISTORY: An. Code 1957, art. 27, § 12B; 2001, ch. 10, § 2.