2005 Regular Session
To: Judiciary B
By: Representative Rogers (61st)
AN ACT TO AMEND SECTIONS 83-39-21 AND 83-39-27, MISSISSIPPI CODE OF 1972, TO PROHIBIT A PROFESSIONAL BAIL AGENT FROM CHARGING A FEE LESS THAN THE STATUTORILY REQUIRED AMOUNT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 83-39-21, Mississippi Code of 1972, is amended as follows:
83-39-21. (1) The commissioner, in his discretion, in lieu of the hearing provided for in Section 83-39-17, may file a petition to suspend or revoke any license authorized hereunder in a court of competent jurisdiction of the county or district in which the alleged offense occurred. In such cases, subpoenas may be issued for witnesses, and mileage and witness fees paid by the defendant, if found guilty. If costs cannot be made and collected from the defendant, the costs shall be assessed against the qualification bond if the defendant is a professional bail agent, and if the defendant is a soliciting bail agent or bail enforcement agent, against the employing professional bail agent or his qualification bond.
(2) Any court of competent jurisdiction within this state may suspend or revoke the license of any person licensed under this chapter for any of the following reasons:
(a) Misappropriation, conversion or unlawful withholding of monies belonging to insured principals or others and received in the conduct of business under a license provided by this chapter.
(b) Fraudulent or dishonest practices in the conduct of the business under a license provided by this chapter.
(c) The commission of any act which would prohibit or restrict the licensee from holding a license under this chapter.
(d) Failure to comply with the provisions of Section 83-39-25 (1) and (3).
(3) The court which suspends or revokes a license under the terms of this chapter, or the clerk thereof, shall promptly furnish the commissioner a copy of the suspension or revocation order.
SECTION 2. Section 83-39-27, Mississippi Code of 1972, is amended as follows:
83-39-27. It is unlawful for a licensee to engage in any of the following activities:
(a) Specify, suggest or advise the employment of any particular attorney to represent his principal.
(b) Pay a fee or rebate or give or promise to give anything of value to a jailer, policeman, peace officer, clerk, deputy clerk, any other employee of any court, district attorney or any of his employees or any person who has power to arrest or to hold any person in custody.
(c) Pay a fee or rebate or give anything of value to an attorney in bail bond matters, except in defense of any act on a bond, or as counsel to represent such bail agent, his agent or employees.
(d) Pay a fee or rebate or give or promise to give anything of value to the person on whose bond he is surety.
(e) Accept anything of value from a person on whose bond he is surety, or from others on behalf of such person, except the fee or premium on the bond, but the bail agent may accept collateral security or other indemnity.
(f) Coerce, suggest, aid and abet, offer promise of favor or threaten any person on whose bond he is surety or offers to become surety, to induce that person to commit any crime.
(g) Give legal advice or a legal opinion in any form.
(h) Fail to comply with the provisions of Section 83-39-25 (1) and (3).
SECTION 3. This act shall take effect and be in force from and after July 1, 2005.