Amends existing law to provide for an order withholding judgment and to provide for an infraction action.

This is one of a series of bills the Supreme Court has recommended in its annual report to the Governor concerning defects or omissions in the laws, as required by article V, section 25 of the Idaho Constitution. Often times, bail monies posted in cash remain on deposit with the court at the conclusion of a criminal case. I.C. § 19-2908 allows these remaining cash bail monies to be applied to satisfy a defendant's debts owed to the court. However, the current form of I.C. § 19-2908 only allows the remaining bail monies to be applied when a judgment is entered. As a result, this process cannot be utilized when judgment is withheld even though a withheld judgment also results from a finding of guilt. To correct this oversight, entry of an order withholding judgment should be added as a triggering event for applying remaining cash bail amounts to pay debts the defendant owes the court. In addition, this statute now limits payment of the remaining bail monies to debts resulting from the case in which the bail was posted or other "criminal" cases against the defendant. Infractions are civil cases. In support of this law's obvious purpose, applying remaining bail monies to debts resulting from other "infraction" actions against the defendant should also be allowed.