ARS 13-3974: Exoneration of appearance bond
The complete text of A.R.S. § 13-3974 on exoneration of appearance bond, and how this section is used in Arizona criminal cases. It defines terms and procedure rather than creating an offense.
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What § 13-3974 Sets Out
A.R.S. § 13-3974 is the Arizona statute on exoneration of appearance bond. It sets out procedure and rules rather than defining an offense, so no offense class or sentence attaches to this section on its own.
A. A surety shall be relieved from liability on the appearance bond on which the defendant is released if one of the following applies:
- The surety surrenders the defendant on that appearance bond into the custody of the sheriff of the county in which the prosecution is pending on or before the day and time the defendant is ordered to appear in court and the sheriff reports the surrender to the court.
- The defendant is in the custody of the sheriff of the county in which the prosecution is pending on or before the day and time the defendant is ordered to appear in court, the surety provides an affidavit of surrender of the appearance bond to the sheriff and the sheriff reports the affidavit of surrender of the appearance bond and the defendant’s custody to the court.
- Before the defendant is released to the custody of the surety, the defendant is released or transferred to the custody of another government agency, preventing the defendant from appearing in court on the date and time the defendant is ordered to appear, and the surety establishes both of the following:
Full Text of A.R.S. § 13-3974
A. A surety shall be relieved from liability on the appearance bond on which the defendant is released if one of the following applies:
1. The surety surrenders the defendant on that appearance bond into the custody of the sheriff of the county in which the prosecution is pending on or before the day and time the defendant is ordered to appear in court and the sheriff reports the surrender to the court.
2. The defendant is in the custody of the sheriff of the county in which the prosecution is pending on or before the day and time the defendant is ordered to appear in court, the surety provides an affidavit of surrender of the appearance bond to the sheriff and the sheriff reports the affidavit of surrender of the appearance bond and the defendant’s custody to the court.
3. Before the defendant is released to the custody of the surety, the defendant is released or transferred to the custody of another government agency, preventing the defendant from appearing in court on the date and time the defendant is ordered to appear, and the surety establishes both of the following:
(a) The surety did not know and could not have reasonably known of the release or transfer or that a release or transfer was likely to occur.
(b) The defendant’s failure to appear was a direct result of the release or transfer.
B. If a surety is relieved of liability pursuant to subsection A, paragraph 3 of this section, the surety shall return the premium and any and all collateral to the guarantors of the bond and the clerk shall return any money deposited.
C. Subsection A, paragraph 3 of this section does not apply if either:
1. A detainer was placed on the defendant before the bond was posted.
2. The release or transfer to another government agency is for a period of twenty-four hours or less.
Source: Arizona Revised Statutes § 13-3974, Arizona Legislative Council revision of 09/19/25. Read the official text on azleg.gov. Statutes change; verify the current version before relying on it.
Related Statutes in Chapter 38 — Miscellaneous
- A.R.S. § 13-3981 — Compromise of misdemeanors and petty offenses
- A.R.S. § 13-4006 — Unlawful foreign law enforcement activity
- A.R.S. § 13-3924 — Unlawful procurement of search warrant without probable cause
- A.R.S. § 13-3903 — Notice to appear and complaint
- A.R.S. § 13-3885 — Arrest of principal by surety
- A.R.S. § 13-3864 — Payment of account of agent
- A.R.S. § 13-3824 — Violation
- A.R.S. § 13-3806 — Duty of physician or attendant upon treating certain wounds
How § 13-3974 Affects an Arizona Case
§ 13-3974 usually matters because of how it interacts with the charge someone is actually facing. We read it alongside the charging statute, because a definition or a procedural rule frequently decides what the State must prove, what a judge may impose, or what relief is available afterward.
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Frequently Asked Questions
What is A.R.S. § 13-3974?
A.R.S. § 13-3974 is the Arizona statute on exoneration of appearance bond. It sets out rules that apply across Arizona criminal cases rather than defining a single offense.
Where can I read the official text of § 13-3974?
The Arizona Legislature publishes it at azleg.gov, in the revision dated 09/19/25. The complete text is reproduced on this page, and every Arizona criminal statute is searchable on our Arizona Criminal Code index.
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