MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Judiciary B

By: Representatives Rogers, Mitchell

House Bill 1023

AN ACT TO AMEND SECTION 83-39-7, MISSISSIPPI CODE OF 1972, TO REVISE QUALIFICATION BOND REQUIREMENTS FOR CERTAIN PROFESSIONAL BAIL AGENTS; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 83-39-7, Mississippi Code of 1972, is amended as follows:

[Until January 1, 1998, this section shall read as follows:]

83-39-7. Each applicant for professional bail agent who acts as personal surety shall be required to post a qualification bond in the amount of Five Thousand Dollars ($5,000.00) with the department. Any professional bail agent making application for license renewal, as herein provided, who shall have furnished bail in fifty (50) or more criminal cases shall post such bond in the amount of Ten Thousand Dollars ($10,000.00). The qualification bond shall be made by depositing with the State Treasurer for the commissioner the aforesaid amount * * * in a system established by the department. The qualification bond shall be conditioned upon the full and prompt payment of any bail bond issued by such professional bail agent into the court ordering the qualification bond forfeited. The qualification bond shall be to the people of the State of Mississippi in favor of any court of this state, whether municipal, justice, county, circuit, Supreme or other court. If the license of any personal surety agent is terminated, the qualification bond or the remaining part thereof shall be returned to such agent upon service on the department of a proper court order from a circuit clerk, in the district to his domicile, that orders the department to release the qualification bond upon sworn testimony given by the personal surety agent that he is no longer surety on any bail bond executed by himself or any of his agents.

A personal surety agent shall be allowed to transfer his qualification bond as required by this section to another applicant if the new applicant submits to the department proof that the new applicant assumes in writing all outstanding surety liabilities of such personal surety agent and the new applicant submits the application required by Section 83-39-5 and meets any other requirements of the department.

Upon the death of a personal surety agent, a family member may assume the qualification bond of the deceased if the individual submits to the department proof that the individual assumes all outstanding surety liabilities of the deceased and the individual submits the application required by Section 83-39-5 and meets any other requirements of the department.

The commissioner, upon receipt of proper court order to revoke a professional bail agent's authority to write bonds, shall notify the professional bail agent within five (5) working days of receipt of the revocation order. If after ten (10) working days of such notification the revocation order has not been set aside by the court, then the commissioner shall revoke the authority of the professional bail agent and all agents of the professional bail agent to write bonds and shall notify the sheriff of every county of such revocation. Upon revocation, the commissioner, upon receipt of proper court order to forfeit the qualification bond of the professional bail agent or any part thereof, shall pay the amount ordered by the court or the qualification bond, whichever is smaller, to the court.

The commissioner may reinstate a professional bail agent's authority to write bonds upon the receipt of a new qualification bond in an amount totaling Twenty-five Thousand Dollars ($25,000.00) and receipt of a set aside order from the court that ordered the revocation and shall notify the sheriff of every county of such reinstatement.

[From and after January 1, 1998, this section shall read as follows:]

83-39-7. Each applicant for professional bail agent who acts as personal surety shall be required to post a qualification bond in the amount of Twenty-five Thousand Dollars ($25,000.00) with the department. Any professional bail agent licensed before January 1, 1998, shall post an additional Five Thousand Dollars ($5,000.000) annually with license renewal until he has a qualification bond in the amount of Twenty-five Thousand Dollars ($25,000.00) beginning with the license renewal application in 1998. The total qualification bond in 1998 shall be Fifteen Thousand Dollars ($15,000.00) for all professional bail agents who were licensed before January 1, 1998. The qualification bond shall be made by depositing with the State Treasurer for the commissioner the aforesaid amount * * * in a system established by the department. The qualification bond shall be conditioned upon the full and prompt payment of any bail bond issued by such professional bail agent into the court ordering the qualification bond forfeited. The qualification bond shall be to the people of the State of Mississippi in favor of any court of this state, whether municipal, justice, county, circuit, Supreme or other court. If the license of any personal surety agent is terminated, the qualification bond or the remaining part thereof shall be returned to such agent upon service on the department of a proper court order form a circuit clerk, in the district to his domicile, that orders the department to release the qualification bond upon sworn testimony given by the personal surety agent that he is no longer surety on any bail bond executed by himself or any of his agents.

A personal surety agent shall be allowed to transfer his qualification bond as required by this section to another applicant if the new applicant submits to the department proof that the new applicant assumes in writing all outstanding surety liabilities of such personal surety agent and the new applicant submits the application required by Section 83-39-5 and meets any other requirements of the department.

Upon the death of a personal surety agent, a family member may assume the qualification bond of the deceased if the individual submits to the department proof that the individual assumes all outstanding surety liabilities of the deceased and the individual submits the application required by Section 83-39-5 and meets any other requirements of the department.

The commissioner, upon receipt of proper court order to revoke a professional bail agent's authority to write bonds, shall notify the professional bail agent within five (5) working days of receipt of the revocation order. If after ten (10) working days of such notification the revocation order has not been set aside by the court, then the commissioner shall revoke the authority of the professional bail agent and all agents of the professional bail agent to write bonds and shall notify the sheriff of every county of such revocation. Upon revocation, the commissioner, upon receipt of proper court order to forfeit the qualification bond of the professional bail agent or any part thereof, shall pay the amount ordered by the court or the qualification bond, whichever is smaller, to the court.

The commissioner may reinstate a professional bail agent's authority to write bonds upon the receipt of a new qualification bond in an amount totaling Twenty-five Thousand Dollars ($25,000.00) and receipt of a set aside order from the court that ordered the revocation and shall notify the sheriff of every county of such reinstatement.

SECTION 2. This act shall take effect and be in force from and after July 1, 1997.