MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Judiciary B

By: Representative Franks

AN ACT TO AMEND SECTION 83-39-1, MISSISSIPPI CODE OF 1972, TO REVISE CERTAIN DEFINITIONS; TO SPECIFY THAT A BAIL AGENT IS A DESIGNATED AGENT OR OFFICER OF THE COURTS; AND FOR RELATED PURPOSES. 

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

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

83-39-1. The following terms when used in this chapter shall have the following meanings:

(a) "Department" means the Department of Insurance.

(b) "Commissioner" means the Commissioner of Insurance.

(c) "Insurer" means any domestic or foreign insurance corporation or association engaged in the business of insurance or suretyship which has qualified to transact surety or casualty business in this state.

(d) "Professional bail agent" means any individual who shall furnish bail, acting as a licensed personal surety agent or as a licensed limited surety agent representing an insurer as defined by this chapter. The above definition shall not include, and this chapter does not apply to, any individual who acts as personal surety in instances where there is no compensation charged or received for such service.

(e) "Soliciting bail agent" means any person who, as an agent or employee of a professional bail agent, or as an independent contractor, for compensation or otherwise, shall solicit, advertise or actively seek bail bond business for or in behalf of a professional bail agent and who assists the professional bail agent in presenting the defendant in court when required, or who assists with the apprehension and surrender of the defendant to the court or who keeps the defendant under necessary surveillance. Nothing herein shall affect the right of professional bail agents to have counsel or to ask assistance of law enforcement officers. Any new soliciting agents licensed after July 1, 1998, shall complete successfully a limited examination by the department for the restricted lines of business.

(f) "Bail enforcement agent" means a person who as an agent or employee of a professional bail agent or as an independent contractor, for compensation or otherwise assists the professional bail agent in presenting the defendant in court when required, or who assists in the apprehension and surrender of the defendant to the court or who keeps the defendant under necessary surveillance. Nothing herein shall affect the right of professional bail agents to have counsel or to ask assistance of law enforcement officers. Any new bail enforcement agents licensed after July 1, 1998, shall complete successfully a limited examination by the department for the restricted lines of business.

(g) "Limited surety agent" means any individual who is appointed by an insurer by power of attorney to execute or countersign bail bonds in connection with judicial proceedings, and who is duly licensed by the commissioner to represent such insurer for the restricted lines of bail, fidelity and surety, after successfully completing a limited examination by the department for the restricted lines of business.

(h) "Personal surety agent" means any individual who, having posted the necessary qualification bond with the commissioner as required by Section 83-39-7, and duly licensed by the commissioner, may execute and sign bail bonds in connection with judicial proceedings. All new personal surety agents licensed after July 1, 1994, shall complete successfully a limited examination by the department for the restricted lines of business.

(i) Any bail agent licensed pursuant to Chapter 39 of Title 83 shall be considered a professional bondsman, bail bondsman or bail agent and is a designated agent or officer of the courts of Mississippi for bail purposes.

SECTION 2. This act shall take effect and be in force from and after July 1, 1998.