MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Judiciary B

By: Representative Blackmon (By Request)

AN ACT TO AMEND SECTION 83-39-7, MISSISSIPPI CODE OF 1972, TO REVISE QUALIFICATION BOND REQUIREMENTS FOR 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:

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 beginning July 1, 1998. Any professional bail agent licensed prior to July 1, 1998, shall post an additional Five Thousand Dollars ($5,000.00) annually with license renewal until he has a qualification bond in the amount of Twenty-five Thousand Dollars ($25,000.00). The total qualification bond shall total Fifteen Thousand Dollars ($15,000.00) beginning July 1, 1998, for all previously licensed bail agents. The qualification bond shall be made by depositing with the commissioner the aforesaid amount of cash or bonds of the United States, State of Mississippi, or any agency or subdivision thereof, or shall be written by an insurer as defined in this chapter, shall meet such specifications as may be required * * * and approved 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. Should the license of any personal surety agent be 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 judge, in the district of 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 a proper court order from the circuit judge, in the district of his domicile, all outstanding surety liabilities of such personal surety agent and the new applicant submits the applications required by Section 83-39-5 and meets any other requirements of the department.

The commissioner shall, upon receipt of proper court order to revoke a professional bail agent's authority to write bonds, notify said 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 shall, upon receipt of proper court order to forfeit the qualification bond of said professional bail agent or any part thereof, 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 which 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, 1998.