PRINTER'S NO. 133

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 119 Session of 1985


        INTRODUCED BY ANGSTADT, TRELLO, DAVIES, WOGAN, REBER, LETTERMAN,
           FLICK, AFFLERBACH, ARTY, LINTON, BOYES, SEMMEL AND GODSHALL,
           JANUARY 29, 1985

        REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 29, 1985

                                     AN ACT

     1  Amending Title 42 (Judiciary and Judicial Procedure) of the
     2     Pennsylvania Consolidated Statutes, further providing for
     3     certain bonds; and changing a penalty.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Sections 5747, 5748(a) and 5749(b) of Title 42 of
     7  the Pennsylvania Consolidated Statutes are amended to read:
     8  § 5747.  Statements by fidelity or surety companies and
     9             professional bondsmen.
    10     Any fidelity or surety company or professional bondsman,
    11  authorized to act as surety within this Commonwealth, may
    12  execute an undertaking as surety by the hand of an officer,
    13  employee, agent, or attorney, authorized thereto by a resolution
    14  of its board of directors, a certified copy of which, under its
    15  corporate seal, shall be filed with the undertaking. Fidelity or
    16  surety companies or professional bondsmen engaged in the
    17  business of entering bail shall file, with the clerk of the
    18  court of common pleas and with the district attorney of each

     1  county in which bail is entered, a statement, quarterly on which
     2  shall appear a summary of all bail entered by such company
     3  during the previous quarter, together with the [compensation
     4  charged therefor] premium charged and all collateral collected
     5  therefor, to be sworn to on a standard form, sworn to by a
     6  notary public or the clerk of the court of common pleas for each
     7  county as being true and correct.
     8  § 5748.  Maximum premiums.
     9     (a)  General rule.--No professional bondsman shall charge a
    10  premium or compensation for acting as surety on any undertaking
    11  in excess of 10% [for the first $100, and 5% for each additional
    12  $100] of such undertaking.
    13     * * *
    14  § 5749.  Prohibitions and penalties.
    15     * * *
    16     (b)  Overcharging.--Any person charging or receiving directly
    17  or indirectly any greater [compensation for acting as a
    18  professional bondsman than is provided by this subchapter
    19  commits a summary offense] premium for acting as a professional
    20  fidelity or surety bondsman than is provided by this subchapter
    21  commits a misdemeanor of the first degree.
    22     * * *
    23     Section 2.  This act shall take effect in 60 days.





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