House Bill 717

AN ACT TO AMEND SECTION 83-39-25, MISSISSIPPI CODE OF 1972, TO ALLOW BAIL AGENTS TO HOLD COLLATERAL FOR BONDS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 83-39-25, Mississippi Code of 1972, is amended as follows:

83-39-25. (1) A professional bail agent or his agent shall charge and collect for his premium, commission, or fee an amount of ten percent (10%) of the amount of bail per bond posted by him, or Fifty Dollars ($50.00), whichever is greater, except on a bond on a defendant who is charged with a capital offense, or on a defendant who resides outside the State of Mississippi, in which case the premium, commission or fee shallbe fifteen percent (15%) of the amount of bail, per bond posted by him, or Fifty Dollars ($50.00), whichever is greater.

(2) A professional bail agent or his agent shall be allowed under this chapter to charge to the defendant no more than Fifty Dollars ($50.00) for expenses resulting from a bond of One Thousand Dollars ($1,000.00) or less when such bail agent is required to travel outside the county in which he does business.

(3) A professional bail agent or his agent shall also charge an additional Twenty-five Dollars ($25.00) processing fee on each bond issued by him.

(4) Nothing herein shall prohibit a professional bail agent or his agent from holding collateral or taking a security interest in collateral for the purpose of insuring the payment of the premium of the bond posted or indemnifying the professional bail agent for losses incurred due to a forfeiture of a bond or the costs of apprehension and surrender of the principal.

SECTION 2. This act shall take effect and be in force from and after July 1, 2007.