See other bills
under the
same topic
PRIOR PRINTER'S NOS. 270, 305
PRINTER'S NO. 1027
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
397
Session of
2015
INTRODUCED BY ALLOWAY, KITCHEN, YUDICHAK, BREWSTER, BLAKE,
SCHWANK, RAFFERTY, AUMENT, WHITE, COSTA, EICHELBERGER,
BOSCOLA, FARNESE, MENSCH, BAKER, McGARRIGLE, WOZNIAK, BROOKS,
WILLIAMS, SMITH AND TARTAGLIONE, JANUARY 30, 2015
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 9, 2015
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in bonds and
recognizances, amending provisions relating to professional
bondsmen and providing for authorization to conduct business
within each county, for forfeited undertaking and, for
private cause of action AND FOR THIRD PARTY SURETIES.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The heading of Subchapter B of Chapter 57 of
Title 42 of the Pennsylvania Consolidated Statutes is amended to
read:
SUBCHAPTER B
[PROFESSIONAL] BAIL BONDSMEN
Section 2. Sections 5741 and 5742 of Title 42 are amended to
read:
§ 5741. Definitions.
The following words and phrases when used in this subchapter
shall have, unless the context clearly indicates otherwise, the
<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
meanings given to them in this section:
"Bail bondsman." Any person that engages in the business of
giving bail as a surety for compensation.
"Department." The Insurance Department of the Commonwealth.
"Insurer." As defined in section 601-A of the act of May 17,
1921 (P.L.789, No.285), known as The Insurance Department Act of
1921.
"Office of the clerk." The office of the clerk of the court
of common pleas of each judicial district in which a
[professional bondsman] person engages in the business of [a
professional bondsman] a bail bondsman.
["Professional bondsman." Any person, other than a fidelity
or surety company or any of its officers, agents, attorneys, or
employees, authorized to execute bail bonds or to solicit
business on its behalf, who:
(1) engages in the business of giving bail, giving or
soliciting undertakings, or giving or soliciting indemnity or
counterindemnity to sureties on undertakings; or
(2) within a period of 30 days has become a surety, or
has indemnified a surety, for the release on bail of a
person, with or without a fee or compensation, or promise
thereof, in three or more matters not arising out of the same
transaction.]
"Surety." Any person who pledges security, whether or not
for compensation, in exchange for the release from custody of a
person charged with a crime prior to adjudication.
§ 5742. [Registration and licensure] Licensure required.
[(a) General rule.--No professional bondsman shall become
surety on any undertaking, and no person shall engage in or
continue to engage in business as a professional bondsman,
20150SB0397PN1027 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
unless he has been registered and is currently licensed as a
professional bondsman by the Insurance Department as provided in
this subchapter and has filed a copy of his license in the
office of the clerk in the manner prescribed by general rules.
(b) Form of application.--Every application for registration
and licensure as a professional bondsman shall be made in
writing upon such form as may be prescribed by regulations
promulgated by the Insurance Department.] No person shall engage
in, or continue to engage in, the business of a bail bondsman ,
unless the person has been licensed by the department as an
insurance producer under Article VI-A of the act of May 17, 1921
(P.L.789, No.285), known as The Insurance Department Act of
1921, and possesses a casualty line of authority.
Section 3. Section 5743 of Title 42 is repealed:
[§ 5743. Issuance of license.
(a) General rule.--The Insurance Department, upon receipt
of:
(1) an application for registration and licensure as a
professional bondsman; and
(2) an annual license fee of $50;
shall, if it approves the application, register the applicant as
a professional bondsman and issue him a license.
(b) Duration.--Each license shall be valid for one year
following the date of issue.
(c) Nontransferable.--No license issued under this
subchapter shall be assigned or transferred.]
Section 4. Title 42 is amended by adding a section to read:
§ 5743.1. Authorization to conduct business within each county.
A bail bondsman shall only be authorized to conduct business
in a county when the bail bondsman provides all of the following
20150SB0397PN1027 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
documents to the office of the clerk:
(1) A copy of the license issued to the bail bondsman by
the department.
(2) A statement identifying an office address for
service of legal process.
(3) A qualifying power of attorney issued by an insurer
authorizing the bail bondsman as a producer on behalf of the
insurer. The qualifying power of attorney must set forth, in
clear and unambiguous terms, the maximum monetary authority
of the bail bondsman per bond.
Section 5. Sections 5744, 5745 and 5746 of Title 42 are
amended to read:
§ 5744. Office.
No [license shall be issued to, and no] privileges or rights
conferred by any license issued under the provisions of this
subchapter shall be exercised by[, any professional] any bail
bondsman, unless such [professional] bail bondsman has and shall
thereafter maintain an office [in the county in which he
conducts or intends to conduct his business.] that is
geographically located in this Commonwealth and eligible to
receive original process and other legal papers as set forth by
the Pennsylvania Rules of Civil Procedure or other applicable
court rule.
§ 5745. [Refusal to grant or renew license] Suspension or
nonrenewal of license for unpaid forfeitures.
[The Insurance Department, upon the written request of any
applicant for a license or for renewal thereof whose application
therefor has been refused, shall afford such applicant a hearing
on the question of the grant or renewal of a license.]
(a) General rule.--Where the court of common pleas for the
20150SB0397PN1027 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
county where the bail bondsman is authorized to conduct business
has been unable to collect unpaid forfeitures after a period of
six months, the court, upon petition of the county solicitor or
district attorney, shall issue an order directing the department
to:
(1) deny renewal of a license of the bail bondsman; or
(2) immediately suspend the license of the bail
bondsman.
(b) Notice to bail bondsman and insurer.--The following
shall apply:
(1) Prior to the issuance of an order to deny renewal of
or suspend a license, the bail bondsman and insurer who
issued the qualifying power of attorney shall both be given
advance notice by certified mail, return receipt requested.
The notice shall specify all of the following:
(i) The amount of forfeitures owed to the county, if
applicable.
(ii) How, when and where the notice can be
contested.
(iii) That the grounds for contesting the notice
shall be limited to mistakes of fact. Mistakes of fact
shall be limited to errors in the amount of forfeitures
owed or mistaken identity of the bail bondsman as the
person who was subject to the bail forfeiture order.
(iv) That an order to the department to
automatically suspend or deny the license will occur in
all cases 30 days after delivery of the notice by
certified mail, return receipt requested, unless the
amount of forfeitures is paid, a periodic payment
schedule is approved by the court or the individual is
20150SB0397PN1027 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
excused from payment due to a mistake of fact.
(c) Order.--The following shall apply:
(1) Thirty days after the issuance of the notice, if the
bail bondsman has not paid the amount of forfeitures due, the
court shall direct or cause an order to be issued to the
department to deny renewal of or to suspend a license. Upon
receipt, the department shall immediately comply with the
order or directive. The department shall have no authority to
stay implementation of the order or to hold a hearing except
in cases of mistaken identity. A copy of the order issued by
the court shall be served upon the bail bondsman and insurer
by certified mail, return receipt requested.
(2) To contest any order, the bail bondsman or insurer
must appear before the court no later than 10 days after
issuance of the order. The grounds for contesting shall be
limited to mistakes of fact. If it is determined, after a
hearing by the court, that a mistake of fact has occurred,
the action shall be modified accordingly within 10 days.
(3) A person whose license has not been renewed or is
suspended by the department pursuant to this section may not
engage in the business of a bail bondsman in any county of
this Commonwealth.
(d) Implementation.--The department may promulgate
regulations necessary for the administration of this section.
(e) Construction.--This section shall apply in addition to
the provisions of Article VI-A of the act of May 17, 1921
(P.L.789, No.285), known as The Insurance Department Act of
1921, and shall supersede any conflicting provision in any other
State law unless the provision specifically references this
section and provides to the contrary.
20150SB0397PN1027 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(f) Immunity.--The court, the department, the county
solicitor and the district attorney, and any employee or
appointee of these entities, shall not be subject to civil or
criminal liability for carrying out the entity's duties under
this section. Nothing in this section is intended to limit the
civil or criminal liability of a bail bondsman or an employee or
agent thereof.
§ 5746. Suspension or revocation of [license] authority to
conduct business in a county.
(a) General rule.--Upon petition of the district attorney or
[by any interested person] county solicitor to suspend or revoke
the [license issued to any licensee] authority of a bail
bondsman to conduct business in a county that has been granted
under this subchapter, a rule shall issue out of the court of
common pleas, returnable not less than ten days after the
issuance thereof. It shall be sufficient service of the said
rule upon any [licensee to leave a copy thereof at] bail
bondsman to send by certified mail, return receipt requested, to
the address filed by the [licensee] bail bondsman with the
office of the clerk pursuant to this subchapter.
(b) Grounds for suspension or revocation.--Any [license
issued] authority granted under the provisions of this
subchapter may be suspended[,] or revoked by any court of common
pleas [for a period less than the unexpired portion of the
period for which such license shall have been issued, or may be
revoked] for good cause[,] or for any one or more of the
following causes:
(1) Violation of any of the provisions of this
subchapter.
(2) Fraudulently obtaining a license from the department
20150SB0397PN1027 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
or fraudulently obtaining authority to conduct business under
the provisions of this subchapter.
(3) Upon conviction for any criminal offense under the
laws of this Commonwealth or under the laws of the United
States or any other jurisdiction.
(4) Upon being adjudged [a] bankrupt or insolvent.
(5) Failing to pay any judgment rendered on any
forfeited undertaking in any court of competent jurisdiction.
(6) Any interference or attempted interference with the
administration of justice.
Section 6. Section 5747 of Title 42 is repealed:
[§ 5747. Statements by fidelity or surety companies.
Any fidelity or surety company, authorized to act as surety
within this Commonwealth, may execute an undertaking as surety
by the hand of an officer, employee, agent, or attorney,
authorized thereto by a resolution of its board of directors, a
certified copy of which, under its corporate seal, shall be
filed with the undertaking. Fidelity or surety companies engaged
in the business of entering bail shall file, with the clerk of
the court of common pleas and with the district attorney of each
county in which bail is entered, a statement, quarterly on which
shall appear a summary of all bail entered by such company
during the previous quarter, together with the compensation
charged therefor.]
Section 7. Title 42 is amended by adding a section to read:
§ 5747.1. Forfeited undertaking.
(a) General rule.--If a defendant in a criminal prosecution
fails to appear for any scheduled court proceeding, the
defendant's bail may be revoked, and notice of revocation shall
serve as notice of intent to forfeit the bail of the defendant.
20150SB0397PN1027 - 8 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Such notice or order of revocation shall be served by the office
of the clerk to the defendant, surety or bail bondsman and
insurer who has issued the qualifying power of attorney for the
bail bondsman, by certified mail, return receipt requested.
(b) Payment.--The following shall apply:
(1) Ninety days from the date of service of the notice
of revocation or order of revocation, the revocation shall
become a judgment of forfeiture, payment of which shall be
immediately required by the defendant or surety. Failure of a
bail bondsman to make a timely payment of a forfeiture
judgment shall result in the district attorney or county
solicitor commencing proceedings to suspend or revoke the
authority of the bail bondsman otherwise consistent with
section 5746 (relating to suspension or revocation of
authority to conduct business in a county).
(2) Payment of any forfeited undertaking shall be made
directly to the office of the clerk not later than the close
of business on the 91st day following the service of the
notice of revocation. If the defendant has been recovered and
placed into custody through the efforts of the bail bondsman
or proof has been provided to the court that the defendant
has been discovered by the bail bondsman to be in custody in
another jurisdiction prior to the 91st day, no payment of the
forfeited undertaking shall be required. If the defendant is
placed into custody or discovered to be in custody, the court
shall set aside the bail revocation and may release the
defendant with the reinstitution of bail pursuant to the
Pennsylvania Rules of Criminal Procedure. The bail bondsman
shall not be continued by the court as surety on reinstated
bail unless a written consent is signed by the bail bondsman
20150SB0397PN1027 - 9 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
agreeing to such extension of suretyship.
(3) Failure to render payment of the forfeited
undertaking by close of business on the 91st day shall bar
any right of remission to collect funds pursuant to a
forfeited undertaking.
(4) The office of the clerk shall provide a summary
quarterly statement of all overdue forfeited undertakings
which have not been paid by each bail bondsman and
insurer. The bail bondsman or insurer shall be afforded 30
days from the date of the statement to render payment of the
forfeited undertakings. Failure to render payment by close of
business on the 31st day shall result in suspension of the
ability to conduct business of both the bail bondsman and the
insurer in that judicial district until such time as payment
is rendered in full. The bail bondsman may be subject to
formal proceedings to deny renewal or to suspend a license
pursuant to section 5746. The insurer may also be subjected
to further administrative penalties, to be determined by the
department, consistent with the act of July 22, 1974
(P.L.589, No.205), known as the Unfair Insurance Practices
Act, or other applicable law.
(5) If the defendant is recovered after the 91st day
following the forfeiture, a surety may petition the court in
which the revocation and forfeiture occurred to remit all or
a portion of the funds collected in exchange for the absence
of the defendant. The court shall remit payment as follows:
(i) If the defendant is recovered between the 91st
day and six months after the order of revocation or
forfeiture, the surety shall recover the full value of
the forfeited amount of the bond, less an administrative
20150SB0397PN1027 - 10 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
fee in the amount of $250.
(ii) If the defendant is recovered between six
months and one year after the order of revocation or
forfeiture, the surety shall recover 80% of the value of
the forfeited amount of the bond.
(iii) If the defendant is recovered between one and
two years after the order of revocation or forfeiture,
the surety shall recover 50% of the value of the
forfeited amount of the bond.
(6) No third-party surety shall be responsible to render
payment on a forfeited undertaking if the revocation of bail
is sought for failure of the defendant to comply with the
conditions of the defendant's release other than appearance.
Any violation of performance conditions by a defendant shall
be deemed as a violation of a court order, subject to a
conviction for indirect contempt of court for violating a
court order instituting terms and conditions of release of
the defendant and all associated penalties.
Section 8. Section 5748 of Title 42 is repealed:
[§ 5748. Maximum premiums.
(a) General rule.--No professional bondsman shall charge a
premium or compensation for acting as surety on any undertaking
in excess of 10% for the first $100, and 5% for each additional
$100 of such undertaking.
(b) Civil penalty.--In any action brought to recover an
overcharge by a professional bondsman, where such overcharge is
proved, the professional bondsman shall be liable to pay treble
damages therefor and reasonable counsel fees.]
Section 9. Title 42 is amended by adding a section to read:
§ 5748.1. Private cause of action.
20150SB0397PN1027 - 11 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(a) Self-policing.--Any bail bondsman or insurer who
determines that a competitor has engaged in an activity that is
in violation of any provision of this chapter may commence a
cause of action seeking monetary damages, declaratory judgment
or injunctive relief from the court of common pleas of the
county in which the violation occurred. The violation must be
proven by clear and convincing evidence.
(b) Frivolous actions.--Any bail bondsman or insurer who
wrongfully commences a baseless action, knowingly without any
merit or evidence, shall be subject to actual damages in the
amount of the costs of the defense of the suit and punitive
damages of an equal amount to those costs that constitute actual
damages.
Section 10. Section 5749 of Title 42 is amended to read:
§ 5749. Prohibitions and penalties.
(a) Licensing.--Any person who engages in the business [as]
of a [professional] bail bondsman without being registered and
licensed in accordance with the provisions of this subchapter,
or who engages in such business while his license is suspended
or revoked, commits a misdemeanor of the third degree.
(b) Overcharging.--Any person charging or receiving directly
or indirectly any greater compensation for acting as a
[professional] bail bondsman than is provided by this subchapter
commits a summary offense.
(c) Soliciting.--Any person who accepts any fee or
compensation for obtaining a bondsman or a recognizance commits
a summary offense.
(d) Other violations.--Any person who violates any section
of this subchapter for which no specific penalty other than
suspension or revocation of license is provided commits a
20150SB0397PN1027 - 12 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
summary offense.
(e) Public officials.--The following shall apply:
(1) Any law enforcement officer, any employee of a penal
institution, or any other system or related personnel, who
has, directly or indirectly, any pecuniary interest in or
derives any profit from the bonding business or activity of a
[professional] bail bondsman commits a summary offense.
(2) (i) Notwithstanding paragraph (1), it shall not be
unlawful for a person who serves as a law enforcement
officer, employee of a penal institution or any other
system or related personnel to engage in the service of
aiding a bail bondsman in fugitive recovery so long as
all of the following apply:
(A) The services are not rendered while the
person is performing the person's duties in the
person's capacity as a city, county or State
employee.
(B) The person is compensated separately.
(ii) Any person who engages in fugitive recovery
while in the service of the city, county or State or
engages in fugitive recovery in uniform or under badge of
the person's office commits a misdemeanor of the second
degree.
(f) Public solicitation.--Any [professional] bail bondsman
who solicits business in any of the courts or on the premises of
any tribunal of this Commonwealth, including any tribunal
conducted by a magisterial district judge, commits a summary
offense.
Section 11. A person licensed as a professional bondsman
prior to the effective date of this section shall be licensed as
20150SB0397PN1027 - 13 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
an insurance producer in accordance with Article VI-A of the act
of May 17, 1921 (P.L.789, No.285), known as The Insurance
Department Act of 1921.
Section 12. This act shall take effect in 120 days.
SECTION 1. THE HEADING OF SUBCHAPTER B OF CHAPTER 57 OF
TITLE 42 OF THE PENNSYLVANIA CONSOLIDATED STATUTES IS AMENDED TO
READ:
SUBCHAPTER B
[PROFESSIONAL] BAIL BONDSMEN
SECTION 2. SECTIONS 5741 AND 5742 OF TITLE 42 ARE AMENDED TO
READ:
§ 5741. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS SUBCHAPTER
SHALL HAVE, UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, THE
MEANINGS GIVEN TO THEM IN THIS SECTION:
"BAIL BONDSMAN." A PERSON WHO ENGAGES IN THE BUSINESS OF
GIVING BAIL AS A SURETY FOR COMPENSATION.
"DEPARTMENT." THE INSURANCE DEPARTMENT OF THE COMMONWEALTH.
"INSURER." AS DEFINED IN SECTION 601-A OF THE ACT OF MAY 17,
1921 (P.L.789, NO.285), KNOWN AS THE INSURANCE DEPARTMENT ACT OF
1921.
"OFFICE OF THE CLERK." THE OFFICE OF THE CLERK OF THE COURT
OF COMMON PLEAS OF EACH JUDICIAL DISTRICT IN WHICH A
[PROFESSIONAL BONDSMAN] PERSON ENGAGES IN THE BUSINESS OF A
[PROFESSIONAL] BAIL BONDSMAN.
["PROFESSIONAL BONDSMAN." ANY PERSON, OTHER THAN A FIDELITY
OR SURETY COMPANY OR ANY OF ITS OFFICERS, AGENTS, ATTORNEYS, OR
EMPLOYEES, AUTHORIZED TO EXECUTE BAIL BONDS OR TO SOLICIT
BUSINESS ON ITS BEHALF, WHO:
(1) ENGAGES IN THE BUSINESS OF GIVING BAIL, GIVING OR
20150SB0397PN1027 - 14 -
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
SOLICITING UNDERTAKINGS, OR GIVING OR SOLICITING INDEMNITY OR
COUNTERINDEMNITY TO SURETIES ON UNDERTAKINGS; OR
(2) WITHIN A PERIOD OF 30 DAYS HAS BECOME A SURETY, OR
HAS INDEMNIFIED A SURETY, FOR THE RELEASE ON BAIL OF A
PERSON, WITH OR WITHOUT A FEE OR COMPENSATION, OR PROMISE
THEREOF, IN THREE OR MORE MATTERS NOT ARISING OUT OF THE SAME
TRANSACTION.]
"SURETY." A PERSON WHO PLEDGES SECURITY, WHETHER OR NOT FOR
COMPENSATION, IN EXCHANGE FOR THE RELEASE FROM CUSTODY OF A
PERSON CHARGED WITH A CRIME PRIOR TO ADJUDICATION.
§ 5742. [REGISTRATION AND LICENSURE] LICENSURE REQUIRED.
[(A) GENERAL RULE.--NO PROFESSIONAL BONDSMAN SHALL BECOME
SURETY ON ANY UNDERTAKING, AND NO PERSON SHALL ENGAGE IN OR
CONTINUE TO ENGAGE IN BUSINESS AS A PROFESSIONAL BONDSMAN,
UNLESS HE HAS BEEN REGISTERED AND IS CURRENTLY LICENSED AS A
PROFESSIONAL BONDSMAN BY THE INSURANCE DEPARTMENT AS PROVIDED IN
THIS SUBCHAPTER AND HAS FILED A COPY OF HIS LICENSE IN THE
OFFICE OF THE CLERK IN THE MANNER PRESCRIBED BY GENERAL RULES.
(B) FORM OF APPLICATION.--EVERY APPLICATION FOR REGISTRATION
AND LICENSURE AS A PROFESSIONAL BONDSMAN SHALL BE MADE IN
WRITING UPON SUCH FORM AS MAY BE PRESCRIBED BY REGULATIONS
PROMULGATED BY THE INSURANCE DEPARTMENT.] NO PERSON SHALL ENGAGE
IN, OR CONTINUE TO ENGAGE IN, THE BUSINESS OF A BAIL BONDSMAN
UNLESS THE PERSON HAS BEEN LICENSED BY THE DEPARTMENT AS AN
INSURANCE PRODUCER UNDER ARTICLE VI-A OF THE ACT OF MAY 17, 1921
(P.L.789, NO.285), KNOWN AS THE INSURANCE DEPARTMENT ACT OF
1921, AND POSSESSES A CASUALTY LINE OF AUTHORITY.
SECTION 3. SECTION 5743 OF TITLE 42 IS REPEALED:
[§ 5743. ISSUANCE OF LICENSE.
(A) GENERAL RULE.--THE INSURANCE DEPARTMENT, UPON RECEIPT
20150SB0397PN1027 - 15 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
OF:
(1) AN APPLICATION FOR REGISTRATION AND LICENSURE AS A
PROFESSIONAL BONDSMAN; AND
(2) AN ANNUAL LICENSE FEE OF $50;
SHALL, IF IT APPROVES THE APPLICATION, REGISTER THE APPLICANT AS
A PROFESSIONAL BONDSMAN AND ISSUE HIM A LICENSE.
(B) DURATION.--EACH LICENSE SHALL BE VALID FOR ONE YEAR
FOLLOWING THE DATE OF ISSUE.
(C) NONTRANSFERABLE.--NO LICENSE ISSUED UNDER THIS
SUBCHAPTER SHALL BE ASSIGNED OR TRANSFERRED.]
SECTION 4. TITLE 42 IS AMENDED BY ADDING A SECTION TO READ:
§ 5743.1. AUTHORIZATION TO CONDUCT BUSINESS WITHIN EACH COUNTY.
A BAIL BONDSMAN SHALL ONLY BE AUTHORIZED TO CONDUCT BUSINESS
IN A COUNTY WHEN THE BAIL BONDSMAN PROVIDES ALL OF THE FOLLOWING
DOCUMENTS TO THE OFFICE OF THE CLERK:
(1) A COPY OF THE LICENSE ISSUED TO THE BAIL BONDSMAN BY
THE DEPARTMENT.
(2) A STATEMENT IDENTIFYING AN OFFICE ADDRESS FOR
SERVICE OF LEGAL PROCESS.
(3) A QUALIFYING POWER OF ATTORNEY ISSUED BY AN INSURER
AUTHORIZING THE BAIL BONDSMAN AS A PRODUCER ON BEHALF OF THE
INSURER. THE QUALIFYING POWER OF ATTORNEY MUST SET FORTH, IN
CLEAR AND UNAMBIGUOUS TERMS, THE MAXIMUM MONETARY AUTHORITY
OF THE BAIL BONDSMAN PER BOND.
SECTION 5. SECTIONS 5744, 5745 AND 5746 OF TITLE 42 ARE
AMENDED TO READ:
§ 5744. OFFICE.
NO [LICENSE SHALL BE ISSUED TO, AND NO] PRIVILEGES OR RIGHTS
CONFERRED BY ANY LICENSE ISSUED UNDER THE PROVISIONS OF THIS
SUBCHAPTER SHALL BE EXERCISED BY[, ANY PROFESSIONAL] A BAIL
20150SB0397PN1027 - 16 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
BONDSMAN, UNLESS SUCH [PROFESSIONAL] BAIL BONDSMAN HAS AND SHALL
THEREAFTER MAINTAIN AN OFFICE [IN THE COUNTY IN WHICH HE
CONDUCTS OR INTENDS TO CONDUCT HIS BUSINESS.] THAT IS
GEOGRAPHICALLY LOCATED IN THIS COMMONWEALTH AND ELIGIBLE TO
RECEIVE ORIGINAL PROCESS AND OTHER LEGAL PAPERS AS SET FORTH BY
THE PENNSYLVANIA RULES OF CIVIL PROCEDURE OR OTHER APPLICABLE
COURT RULE.
§ 5745. [REFUSAL TO GRANT OR RENEW LICENSE] SUSPENSION OR
NONRENEWAL OF LICENSE FOR UNPAID BAIL FORFEITURES.
[THE INSURANCE DEPARTMENT, UPON THE WRITTEN REQUEST OF ANY
APPLICANT FOR A LICENSE OR FOR RENEWAL THEREOF WHOSE APPLICATION
THEREFOR HAS BEEN REFUSED, SHALL AFFORD SUCH APPLICANT A HEARING
ON THE QUESTION OF THE GRANT OR RENEWAL OF A LICENSE.]
(A) GENERAL RULE.--IF THE COURT OF COMMON PLEAS FOR THE
COUNTY WHERE THE BAIL BONDSMAN IS AUTHORIZED TO CONDUCT BUSINESS
HAS BEEN UNABLE TO COLLECT UNPAID FORFEITURES AFTER A PERIOD OF
SIX MONTHS, THE COURT, UPON PETITION OF THE COUNTY SOLICITOR OR
DISTRICT ATTORNEY, SHALL ISSUE AN ORDER DIRECTING THE DEPARTMENT
TO:
(1) PROHIBIT THE RENEWAL OF A LICENSE OF THE BAIL
BONDSMAN; OR
(2) IMMEDIATELY SUSPEND THE LICENSE OF THE BAIL
BONDSMAN.
(B) NOTICE TO BAIL BONDSMAN AND INSURER.--PRIOR TO THE
ISSUANCE OF AN ORDER TO SUSPEND OR NONRENEW A LICENSE, THE BAIL
BONDSMAN AND INSURER WHO ISSUED THE QUALIFYING POWER OF ATTORNEY
SHALL BOTH BE GIVEN ADVANCE NOTICE BY CERTIFIED MAIL, RETURN
RECEIPT REQUESTED. THE NOTICE SHALL SPECIFY ALL OF THE
FOLLOWING:
(1) THE AMOUNT OF FORFEITURES OWED TO THE COUNTY, IF
20150SB0397PN1027 - 17 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
APPLICABLE.
(2) HOW, WHEN AND WHERE THE NOTICE CAN BE CONTESTED.
(3) THAT THE GROUNDS FOR CONTESTING THE NOTICE SHALL BE
LIMITED TO MISTAKES OF FACT. MISTAKES OF FACT SHALL BE
LIMITED TO ERRORS IN THE AMOUNT OF FORFEITURES OWED OR
MISTAKEN IDENTITY OF THE BAIL BONDSMAN AS THE PERSON WHO WAS
SUBJECT TO THE BAIL FORFEITURE ORDER.
(4) THAT AN ORDER TO THE DEPARTMENT TO AUTOMATICALLY
SUSPEND OR NONRENEW THE LICENSE WILL OCCUR IN ALL CASES 30
DAYS AFTER DELIVERY OF THE NOTICE BY CERTIFIED MAIL, RETURN
RECEIPT REQUESTED, UNLESS THE AMOUNT OF FORFEITURES IS PAID,
A PERIODIC PAYMENT SCHEDULE IS APPROVED BY THE COURT OR THE
INDIVIDUAL IS EXCUSED FROM PAYMENT DUE TO A MISTAKE OF FACT.
(C) ORDER.--THE FOLLOWING SHALL APPLY:
(1) THIRTY DAYS AFTER THE ISSUANCE OF THE NOTICE, IF THE
BAIL BONDSMAN HAS NOT PAID THE AMOUNT OF FORFEITURES DUE, THE
COURT SHALL DIRECT OR CAUSE AN ORDER TO BE ISSUED TO THE
DEPARTMENT TO SUSPEND OR DENY RENEWAL OF A LICENSE. UPON
RECEIPT, THE DEPARTMENT SHALL IMMEDIATELY COMPLY WITH THE
ORDER OR DIRECTIVE. THE DEPARTMENT SHALL HAVE NO AUTHORITY TO
STAY IMPLEMENTATION OF THE ORDER OR TO HOLD A HEARING EXCEPT
IN CASES OF MISTAKEN IDENTITY. A COPY OF THE ORDER ISSUED BY
THE COURT SHALL BE SERVED UPON THE BAIL BONDSMAN AND INSURER
BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED.
(2) TO CONTEST AN ORDER, THE BAIL BONDSMAN OR INSURER
MUST APPEAR BEFORE THE COURT NO LATER THAN TEN DAYS AFTER
ISSUANCE OF THE ORDER. THE GROUNDS FOR CONTESTING SHALL BE
LIMITED TO MISTAKES OF FACT. IF IT IS DETERMINED, AFTER A
HEARING BY THE COURT, THAT A MISTAKE OF FACT HAS OCCURRED,
THE ACTION SHALL BE MODIFIED ACCORDINGLY WITHIN TEN DAYS.
20150SB0397PN1027 - 18 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(3) A PERSON WHOSE LICENSE HAS BEEN SUSPENDED OR NOT
RENEWED BY THE DEPARTMENT PURSUANT TO THIS SECTION IS
PROHIBITED FROM ENGAGING IN THE BUSINESS OF A BAIL BONDSMAN
IN ANY COUNTY IN THIS COMMONWEALTH.
(D) IMPLEMENTATION.--THE DEPARTMENT MAY PROMULGATE
REGULATIONS NECESSARY FOR THE ADMINISTRATION OF THIS SECTION.
(E) CONSTRUCTION.--THIS SECTION SHALL APPLY IN ADDITION TO
THE PROVISIONS OF ARTICLE VI-A OF THE ACT OF MAY 17, 1921
(P.L.789, NO.285), KNOWN AS THE INSURANCE DEPARTMENT ACT OF
1921, AND SHALL SUPERSEDE ANY CONFLICTING PROVISION IN ANY OTHER
STATE LAW UNLESS THE PROVISION SPECIFICALLY REFERENCES THIS
SECTION AND PROVIDES TO THE CONTRARY.
(F) IMMUNITY.--THE COURT, DEPARTMENT, COUNTY SOLICITOR,
DISTRICT ATTORNEY OR AN EMPLOYEE OF ANY OF THESE ENTITIES, OR
ANY PERSON APPOINTED BY THESE ENTITIES, SHALL NOT BE SUBJECT TO
CIVIL OR CRIMINAL LIABILITY FOR CARRYING OUT ITS DUTIES UNDER
THIS SECTION.
§ 5746. SUSPENSION OR REVOCATION OF [LICENSE] AUTHORITY TO
CONDUCT BUSINESS IN A COUNTY.
(A) GENERAL RULE.--UPON PETITION OF THE DISTRICT ATTORNEY OR
[BY ANY INTERESTED PERSON] COUNTY SOLICITOR TO SUSPEND OR REVOKE
THE [LICENSE ISSUED TO ANY LICENSEE] AUTHORITY OF A BONDSMAN TO
CONDUCT BUSINESS IN A COUNTY THAT HAS BEEN GRANTED UNDER THIS
SUBCHAPTER, A RULE SHALL ISSUE OUT OF THE COURT OF COMMON PLEAS,
RETURNABLE NOT LESS THAN TEN DAYS AFTER THE ISSUANCE THEREOF. IT
SHALL BE SUFFICIENT SERVICE OF THE SAID RULE UPON ANY [LICENSEE
TO LEAVE A COPY THEREOF AT] BAIL BONDSMAN TO SEND BY CERTIFIED
MAIL, RETURN RECEIPT REQUESTED, TO THE ADDRESS FILED BY THE
[LICENSEE] BAIL BONDSMAN WITH THE OFFICE OF THE CLERK PURSUANT
TO THIS SUBCHAPTER.
20150SB0397PN1027 - 19 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(B) GROUNDS FOR SUSPENSION OR REVOCATION.--ANY [LICENSE
ISSUED] AUTHORITY GRANTED UNDER THE PROVISIONS OF THIS
SUBCHAPTER MAY BE SUSPENDED[,] OR REVOKED BY ANY COURT OF COMMON
PLEAS [FOR A PERIOD LESS THAN THE UNEXPIRED PORTION OF THE
PERIOD FOR WHICH SUCH LICENSE SHALL HAVE BEEN ISSUED, OR MAY BE
REVOKED] FOR GOOD CAUSE, OR FOR ANY ONE OR MORE OF THE FOLLOWING
CAUSES:
(1) VIOLATION OF ANY OF THE PROVISIONS OF THIS
SUBCHAPTER.
(2) FRAUDULENTLY OBTAINING A LICENSE FROM THE DEPARTMENT
OR FRAUDULENTLY OBTAINING AUTHORITY TO CONDUCT BUSINESS UNDER
THE PROVISIONS OF THIS SUBCHAPTER.
(3) UPON CONVICTION FOR ANY CRIMINAL OFFENSE UNDER THE
LAWS OF THIS COMMONWEALTH OR UNDER THE LAWS OF THE UNITED
STATES OR ANY OTHER JURISDICTION.
(4) UPON BEING ADJUDGED [A] BANKRUPT OR INSOLVENT.
(5) FAILING TO PAY ANY JUDGMENT RENDERED ON ANY
FORFEITED UNDERTAKING IN ANY COURT OF COMPETENT JURISDICTION.
(6) ANY INTERFERENCE OR ATTEMPTED INTERFERENCE WITH THE
ADMINISTRATION OF JUSTICE.
SECTION 6. SECTION 5747 OF TITLE 42 IS REPEALED:
[§ 5747. STATEMENTS BY FIDELITY OR SURETY COMPANIES.
ANY FIDELITY OR SURETY COMPANY, AUTHORIZED TO ACT AS SURETY
WITHIN THIS COMMONWEALTH, MAY EXECUTE AN UNDERTAKING AS SURETY
BY THE HAND OF AN OFFICER, EMPLOYEE, AGENT, OR ATTORNEY,
AUTHORIZED THERETO BY A RESOLUTION OF ITS BOARD OF DIRECTORS, A
CERTIFIED COPY OF WHICH, UNDER ITS CORPORATE SEAL, SHALL BE
FILED WITH THE UNDERTAKING. FIDELITY OR SURETY COMPANIES ENGAGED
IN THE BUSINESS OF ENTERING BAIL SHALL FILE, WITH THE CLERK OF
THE COURT OF COMMON PLEAS AND WITH THE DISTRICT ATTORNEY OF EACH
20150SB0397PN1027 - 20 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
COUNTY IN WHICH BAIL IS ENTERED, A STATEMENT, QUARTERLY ON WHICH
SHALL APPEAR A SUMMARY OF ALL BAIL ENTERED BY SUCH COMPANY
DURING THE PREVIOUS QUARTER, TOGETHER WITH THE COMPENSATION
CHARGED THEREFOR.]
SECTION 7. TITLE 42 IS AMENDED BY ADDING A SECTION TO READ:
§ 5747.1. FORFEITED UNDERTAKING.
(A) GENERAL RULE.--IF A DEFENDANT IN A CRIMINAL PROSECUTION
FAILS TO APPEAR FOR ANY SCHEDULED COURT PROCEEDING, THE
DEFENDANT'S BAIL MAY BE REVOKED AND NOTICE OF REVOCATION SHALL
SERVE AS NOTICE OF INTENT TO FORFEIT THE BAIL OF THE DEFENDANT.
THE NOTICE OR ORDER OF REVOCATION SHALL BE SERVED BY THE OFFICE
OF THE CLERK TO THE DEFENDANT, SURETY OR BAIL BONDSMAN AND
INSURER WHO HAS ISSUED THE QUALIFYING POWER OF ATTORNEY FOR THE
BAIL BONDSMAN BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED.
(B) PAYMENT.--THE FOLLOWING SHALL APPLY:
(1) NINETY DAYS FROM THE DATE OF THE SERVICE OF THE
NOTICE OF REVOCATION OR ORDER OF REVOCATION, THE REVOCATION
SHALL BECOME A JUDGMENT OF FORFEITURE, PAYMENT OF WHICH SHALL
BE IMMEDIATELY REQUIRED BY THE DEFENDANT OR SURETY. FAILURE
OF A BAIL BONDSMAN TO MAKE A TIMELY PAYMENT OF A FORFEITURE
JUDGMENT SHALL RESULT IN THE DISTRICT ATTORNEY OR COUNTY
SOLICITOR COMMENCING PROCEEDINGS TO SUSPEND OR NONRENEW THE
LICENSE OF THE BAIL BONDSMAN OTHERWISE CONSISTENT WITH
SECTION 5746 (RELATING TO SUSPENSION OR REVOCATION OF
AUTHORITY TO CONDUCT BUSINESS IN A COUNTY).
(2) PAYMENT OF FORFEITED UNDERTAKING SHALL BE MADE
DIRECTLY TO THE OFFICE OF THE CLERK NOT LATER THAN THE CLOSE
OF BUSINESS ON THE 91ST DAY FOLLOWING THE SERVICE OF THE
NOTICE OF REVOCATION. IF THE DEFENDANT HAS BEEN RECOVERED AND
PLACED INTO CUSTODY THROUGH THE EFFORTS OF THE BAIL BONDSMAN
20150SB0397PN1027 - 21 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
OR PROOF HAS BEEN PROVIDED TO THE COURT THAT THE DEFENDANT
WAS DISCOVERED BY THE BAIL BONDSMAN TO BE IN CUSTODY IN
ANOTHER JURISDICTION PRIOR TO THE 91ST DAY, NO PAYMENT OF THE
FORFEITED UNDERTAKING SHALL BE REQUIRED. IF THE DEFENDANT IS
PLACED INTO CUSTODY OR DISCOVERED TO BE IN CUSTODY, THE COURT
SHALL SET ASIDE THE BAIL REVOCATION AND MAY RELEASE THE
DEFENDANT WITH THE REINSTITUTION OF BAIL PURSUANT TO THE
PENNSYLVANIA RULES OF CRIMINAL PROCEDURE. THE BAIL BONDSMAN
SHALL NOT BE CONTINUED BY THE COURT AS SURETY ON REINSTATED
BAIL UNLESS A WRITTEN CONSENT IS SIGNED BY THE BAIL BONDSMAN
AGREEING TO SUCH EXTENSION OF SURETYSHIP.
(3) FAILURE TO RENDER PAYMENT OF THE FORFEITED
UNDERTAKING BY CLOSE OF BUSINESS ON THE 91ST DAY SHALL BAR
ANY RIGHT OF REMISSION TO COLLECT FUNDS PURSUANT TO THE
FORFEITED UNDERTAKING.
(4) THE OFFICE OF THE CLERK SHALL PROVIDE A SUMMARY
QUARTERLY STATEMENT OF ALL OVERDUE FORFEITED UNDERTAKINGS
WHICH HAVE NOT BEEN PAID BY EACH BAIL BONDSMAN AND
INSURER. THE BAIL BONDSMAN OR INSURER SHALL BE AFFORDED 30
DAYS FROM THE DATE OF THE STATEMENT TO RENDER PAYMENT OF THE
FORFEITED UNDERTAKINGS. FAILURE TO RENDER PAYMENT BY CLOSE OF
BUSINESS ON THE 31ST DAY SHALL RESULT IN SUSPENSION OF THE
ABILITY TO CONDUCT BUSINESS OF BOTH THE BAIL BONDSMAN AND THE
INSURER IN THAT JUDICIAL DISTRICT UNTIL SUCH TIME AS PAYMENT
IS RENDERED IN FULL. THE BAIL BONDSMAN MAY BE SUBJECT TO
FORMAL SUSPENSION OR NONRENEWAL PROCEEDINGS PURSUANT TO
SECTION 5746. IN ADDITION, THE INSURER MAY BE SUBJECTED TO
FURTHER ADMINISTRATIVE PENALTIES, TO BE DETERMINED BY THE
DEPARTMENT, CONSISTENT WITH THE ACT OF JULY 22, 1974
(P.L.589, NO.205), KNOWN AS THE UNFAIR INSURANCE PRACTICES
20150SB0397PN1027 - 22 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
ACT, OR OTHER APPLICABLE LAW.
(5) IF THE DEFENDANT IS RECOVERED AFTER THE 91ST DAY
FOLLOWING THE FORFEITURE, A SURETY MAY PETITION THE COURT IN
WHICH THE REVOCATION AND FORFEITURE OCCURRED TO REMIT ALL OR
A PORTION OF THE FUNDS COLLECTED IN EXCHANGE FOR THE ABSENCE
OF THE DEFENDANT. THE COURT SHALL REMIT PAYMENT AS FOLLOWS:
(I) IF THE DEFENDANT IS RECOVERED BETWEEN THE 91ST
DAY AND SIX MONTHS AFTER THE ORDER OF REVOCATION OR
FORFEITURE, THE SURETY SHALL RECOVER THE FULL VALUE OF
THE FORFEITED AMOUNT OF THE BOND, LESS AN ADMINISTRATIVE
FEE IN THE AMOUNT OF $250.
(II) IF THE DEFENDANT IS RECOVERED BETWEEN SIX
MONTHS AND ONE YEAR AFTER THE ORDER OF REVOCATION OR
FORFEITURE, THE SURETY SHALL RECOVER 80% OF THE VALUE OF
THE FORFEITED AMOUNT OF THE BOND.
(III) IF THE DEFENDANT IS RECOVERED BETWEEN ONE AND
TWO YEARS AFTER THE ORDER OF REVOCATION OR FORFEITURE,
THE SURETY SHALL RECOVER 50% OF THE VALUE OF THE
FORFEITED AMOUNT OF THE BOND.
(6) NO THIRD-PARTY SURETY SHALL BE RESPONSIBLE TO RENDER
PAYMENT ON A FORFEITED UNDERTAKING IF THE REVOCATION OF BAIL
IS SOUGHT FOR FAILURE OF THE DEFENDANT TO COMPLY WITH THE
CONDITIONS OF THE DEFENDANT'S RELEASE OTHER THAN APPEARANCE.
ANY VIOLATION OF PERFORMANCE CONDITIONS BY A DEFENDANT SHALL
BE DEEMED AS A VIOLATION OF A COURT ORDER, SUBJECT TO A
CONVICTION FOR INDIRECT CONTEMPT OF COURT FOR VIOLATING A
COURT ORDER INSTITUTING TERMS AND CONDITIONS OF RELEASE OF
THE DEFENDANT AND ALL ASSOCIATED PENALTIES.
SECTION 8. SECTION 5748 OF TITLE 42 IS REPEALED:
[§ 5748. MAXIMUM PREMIUMS.
20150SB0397PN1027 - 23 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(A) GENERAL RULE.--NO PROFESSIONAL BONDSMAN SHALL CHARGE A
PREMIUM OR COMPENSATION FOR ACTING AS SURETY ON ANY UNDERTAKING
IN EXCESS OF 10% FOR THE FIRST $100, AND 5% FOR EACH ADDITIONAL
$100 OF SUCH UNDERTAKING.
(B) CIVIL PENALTY.--IN ANY ACTION BROUGHT TO RECOVER AN
OVERCHARGE BY A PROFESSIONAL BONDSMAN, WHERE SUCH OVERCHARGE IS
PROVED, THE PROFESSIONAL BONDSMAN SHALL BE LIABLE TO PAY TREBLE
DAMAGES THEREFOR AND REASONABLE COUNSEL FEES.]
SECTION 9. TITLE 42 IS AMENDED BY ADDING A SECTION TO READ:
§ 5748.1. PRIVATE CAUSE OF ACTION.
(A) SELF-POLICING.--A BAIL BONDSMAN OR INSURER WHO
DETERMINES THAT A COMPETITOR HAS ENGAGED IN AN ACTIVITY THAT IS
IN VIOLATION OF ANY PROVISION OF THIS CHAPTER MAY COMMENCE A
CAUSE OF ACTION SEEKING MONETARY DAMAGES, DECLARATORY JUDGMENT
OR INJUNCTIVE RELIEF FROM THE COURT OF COMMON PLEAS OF THE
COUNTY IN WHICH THE VIOLATION OCCURRED. THE VIOLATION MUST BE
PROVEN BY CLEAR AND CONVINCING EVIDENCE.
(B) FRIVOLOUS ACTIONS.--A BAIL BONDSMAN OR INSURER WHO
WRONGFULLY COMMENCES A BASELESS ACTION, KNOWINGLY WITHOUT ANY
MERIT OR EVIDENCE, SHALL BE SUBJECT TO ACTUAL DAMAGES IN THE
AMOUNT OF THE COSTS OF THE DEFENSE OF THE SUIT AND PUNITIVE
DAMAGES OF AN AMOUNT EQUAL TO THOSE COSTS THAT CONSTITUTE ACTUAL
DAMAGES.
SECTION 10. SECTION 5749 OF TITLE 42 IS AMENDED TO READ:
§ 5749. PROHIBITIONS AND PENALTIES.
(A) LICENSING.--ANY PERSON WHO ENGAGES IN THE BUSINESS [AS]
OF A [PROFESSIONAL] BAIL BONDSMAN WITHOUT BEING REGISTERED AND
LICENSED IN ACCORDANCE WITH THE PROVISIONS OF THIS SUBCHAPTER,
OR WHO ENGAGES IN SUCH BUSINESS WHILE HIS LICENSE IS SUSPENDED
OR REVOKED, COMMITS A MISDEMEANOR OF THE THIRD DEGREE.
20150SB0397PN1027 - 24 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(B) OVERCHARGING.--ANY PERSON CHARGING OR RECEIVING DIRECTLY
OR INDIRECTLY ANY GREATER COMPENSATION FOR ACTING AS A
[PROFESSIONAL] BAIL BONDSMAN THAN IS PROVIDED BY THIS SUBCHAPTER
COMMITS A SUMMARY OFFENSE.
(C) SOLICITING.--ANY PERSON WHO ACCEPTS ANY FEE OR
COMPENSATION FOR OBTAINING A BONDSMAN OR A RECOGNIZANCE COMMITS
A SUMMARY OFFENSE.
(D) OTHER VIOLATIONS.--ANY PERSON WHO VIOLATES ANY SECTION
OF THIS SUBCHAPTER FOR WHICH NO SPECIFIC PENALTY OTHER THAN
SUSPENSION OR REVOCATION OF LICENSE IS PROVIDED COMMITS A
SUMMARY OFFENSE.
(E) PUBLIC OFFICIALS.--ANY LAW ENFORCEMENT OFFICER, ANY
EMPLOYEE OF A PENAL INSTITUTION, OR ANY OTHER SYSTEM OR RELATED
PERSONNEL, WHO HAS, DIRECTLY OR INDIRECTLY, ANY PECUNIARY
INTEREST IN OR DERIVES ANY PROFIT FROM THE BONDING BUSINESS OR
ACTIVITY OF A [PROFESSIONAL] BAIL BONDSMAN COMMITS A SUMMARY
OFFENSE.
(F) PUBLIC SOLICITATION.--ANY [PROFESSIONAL] BAIL BONDSMAN
WHO SOLICITS BUSINESS IN ANY OF THE COURTS OR ON THE PREMISES OF
ANY TRIBUNAL OF THIS COMMONWEALTH, INCLUDING ANY TRIBUNAL
CONDUCTED BY A MAGISTERIAL DISTRICT JUDGE, COMMITS A SUMMARY
OFFENSE.
SECTION 11. TITLE 42 IS AMENDED BY ADDING A SECTION TO READ:
§ 5750. THIRD PARTY SURETIES.
(A) RESPONSIBILITIES.--A THIRD PARTY SURETY MUST REPORT A
VIOLATION OF A BAIL BOND CONDITION IF THE VIOLATION IS RELATED
TO ANY OF THE FOLLOWING:
(1) A STAY AWAY ORDER ISSUED BY A MAGISTERIAL DISTRICT
JUDGE, COURT OF COMMON PLEAS OR OTHER JUDICIAL OFFICER.
(2) AN ORDER ISSUED BY A MAGISTERIAL DISTRICT JUDGE,
20150SB0397PN1027 - 25 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
COURT OF COMMON PLEAS OR OTHER JUDICIAL OFFICER UNDER 23
PA.C.S. CH. 61 (RELATING TO PROTECTION FROM ABUSE).
(3) AN ACT THAT CONSTITUTES A CRIME OF VICTIM OR WITNESS
INTIMIDATION AS PROVIDED UNDER 18 PA.C.S. § 4952 (RELATING TO
INTIMIDATION OF WITNESSES OR VICTIMS).
(4) AN ACT WHICH WOULD CONSTITUTE A MISDEMEANOR OR
FELONY UNDER THE FOLLOWING :
(I) 18 PA.C.S. CH. 25 (RELATING TO CRIMINAL
HOMICIDE).
(II) 18 PA.C.S. CH. 27 (RELATING TO ASSAULT).
(III) 18 PA.C.S. CH. 29 (RELATING TO KIDNAPPING).
(IV) 18 PA.C.S. CH. 31 (RELATING TO SEXUAL
OFFENSES).
(V) 30 PA.C.S. § 5502.1 (RELATING TO HOMICIDE BY
WATERCRAFT WHILE OPERATING UNDER INFLUENCE).
(VI) THE FORMER 75 PA.C.S. § 3731 (RELATING TO
DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED
SUBSTANCE) IN CASES INVOLVING BODILY INJURY.
(VII) 75 PA.C.S. § 3732 (RELATING TO HOMICIDE BY
VEHICLE).
(VIII) 75 PA.C.S. § 3735 (RELATING TO HOMICIDE BY
VEHICLE WHILE DRIVING UNDER INFLUENCE).
(IX) 75 PA.C.S. § 3735.1 (RELATING TO AGGRAVATED
ASSAULT BY VEHICLE WHILE DRIVING UNDER THE INFLUENCE).
(5) A CRIME ELIGIBLE FOR SENTENCING UNDER SECTION
9714(G) (RELATING TO SENTENCES FOR SECOND AND SUBSEQUENT
OFFENSES).
(B) REPORTING.--
(1) A THIRD PARTY SURETY MUST:
(I) REPORT A VIOLATION UNDER SUBSECTION (A) WITHIN
20150SB0397PN1027 - 26 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
24 HOURS AFTER RECEIVING NOTICE OF THE VIOLATION,
VERBALLY OR IN WRITING, TO THE LAW ENFORCEMENT AGENCY IN
THE JURISDICTION RESPONSIBLE FOR THE CRIMINAL CASE OR
WHERE THE VIOLATION OCCURRED; AND
(II) CONFIRM IN WRITING TO THE OFFICE OF THE
ATTORNEY FOR THE COMMONWEALTH RESPONSIBLE FOR PROSECUTION
OF THE CASE FOR WHICH THE DEFENDANT WAS ADMITTED TO BAIL
WITHIN 48 HOURS OF MAKING THE INITIAL REPORT TO A LAW
ENFORCEMENT AGENCY.
(2) THE WRITTEN CONFIRMATION UNDER PARAGRAPH (1)(II)
MUST INCLUDE THE NAME OF THE DEFENDANT, THE NAME OF THE THIRD
PARTY SURETY, THE DATE OF THE VIOLATION, THE DATE AND TIME
THE THIRD PARTY SURETY LEARNED OF THE VIOLATION, THE NAME OF
THE LAW ENFORCEMENT AGENCY RECEIVING THE REPORT AND THE DATE
AND TIME THE THIRD PARTY SURETY REPORTED THE VIOLATION TO THE
LAW ENFORCEMENT AGENCY.
(3) THE REQUIREMENT UNDER PARAGRAPH (1)(II) MAY BE
SATISFIED BY HAND DELIVERY, UNITED STATES MAIL, FACSIMILE OR
ELECTRONIC MAIL.
(C) PENALTY.--
(1) EXCEPT AS PROVIDED UNDER PARAGRAPH (4), A THIRD
PARTY SURETY WHO FAILS TO COMPLY WITH SUBSECTIONS (A) AND (B)
MAY BE SUBJECT TO A CIVIL PENALTY IF THE ATTORNEY FOR THE
COMMONWEALTH DEMONSTRATES THAT:
(I) THE UNREPORTED VIOLATION OF A CONDITION
IDENTIFIED UNDER SUBSECTION (A) RESULTED IN BODILY INJURY
OR PROPERTY DAMAGE IN EXCESS OF $10,000; AND
(II) EITHER OF THE FOLLOWING APPLY:
(A) THE TERMS OF THE BAIL CONDITION ARE KNOWN TO
THE THIRD PARTY SURETY PRIOR TO BODILY INJURY OR
20150SB0397PN1027 - 27 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
PROPERTY DAMAGE BEING SUSTAINED AND THE THIRD PARTY
SURETY RECEIVED NOTICE OF THE VIOLATION OF THE
CONDITION WITH SUFFICIENT REASONABLE TIME TO MAKE THE
REPORT PRIOR TO THE BODILY INJURY OR PROPERTY DAMAGE
BEING SUSTAINED.
(B) THE THIRD PARTY SURETY'S FAILURE TO DISCOVER
AND REPORT THE VIOLATION WAS DUE TO WILLFUL DISREGARD
TO THE SAFETY OF A WITNESS, VICTIM OR THE GENERAL
PUBLIC IN CIRCUMSTANCES RELATED TO THE CONDITIONS
UNDER SUBSECTION (A).
(2) IF A COURT OF COMMON PLEAS IMPOSES A PENALTY UNDER
PARAGRAPH (1), A THIRD PARTY SURETY SHALL BE ASSESSED A CIVIL
PENALTY IN AN AMOUNT OF NOT LESS THAN $500 NOR MORE THAN
$5,000. THE FOLLOWING SHALL APPLY:
(I) IF THE ATTORNEY FOR THE COMMONWEALTH IS ABLE TO
DEMONSTRATE THAT THE THIRD PARTY SURETY IS A BAIL
BONDSMAN AND THE PENALTY IS NOT PAID WITHIN 90 DAYS OF
BEING IMPOSED, THE COURT SHALL SUSPEND THE AUTHORITY OF
THE BAIL BONDSMAN TO OPERATE AS A BAIL BONDSMAN IN THE
COUNTY FOR 60 DAYS AND SHALL PROVIDE NOTICE OF THE
SUSPENSION TO THE SURETY INSURER ASSOCIATED WITH THE BAIL
BONDSMAN. IF THE PENALTY REMAINS UNPAID AT THE CONCLUSION
OF THE SUSPENSION, THE ATTORNEY FOR THE COMMONWEALTH
SHALL COMMENCE LICENSE REVOCATION PROCEDURES UNDER
SECTION 5745 (RELATING TO SUSPENSION OR NONRENEWAL OF
LICENSE FOR UNPAID BAIL FORFEITURES) OR 5746 (RELATING TO
SUSPENSION OR REVOCATION OF AUTHORITY TO CONDUCT BUSINESS
IN A COUNTY).
(II) ANY FUNDS RECEIVED AS A CIVIL PENALTY UNDER
THIS PARAGRAPH MUST BE RETAINED AND BE USED BY THE
20150SB0397PN1027 - 28 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
DISTRICT ATTORNEY TO PROVIDE VICTIM SERVICES.
(3) IF THE THIRD PARTY SURETY IS A BAIL BONDSMAN AND HAS
BEEN PENALIZED UNDER PARAGRAPH (2) FOR THREE OR MORE
VIOLATIONS IN A TWO-YEAR PERIOD, THE ATTORNEY FOR THE
COMMONWEALTH MAY COMMENCE AN ACTION TO REVOKE THE BAIL
BONDSMAN'S ABILITY TO CONDUCT BUSINESS UNDER SECTION 5745 OR
5746.
(4) A CIVIL PENALTY MAY NOT BE ASSESSED AND A LICENSE
SUSPENSION OR REVOCATION MAY NOT BE IMPOSED AGAINST A THIRD
PARTY SURETY FOR ANY OF THE FOLLOWING:
(I) FAILURE TO REPORT A KNOWN VIOLATION UNDER
SUBSECTION (A), IF THE THIRD PARTY SURETY PROVIDES
EVIDENCE THAT THE VIOLATION WAS REPORTED TO A LAW
ENFORCEMENT AGENCY UNDER SUBSECTION (B).
(II) LACK OF KNOWLEDGE OF THE BAIL CONDITIONS, IF
THE THIRD PARTY SURETY PROVIDES EVIDENCE THAT THE THIRD
PARTY SURETY ATTEMPTED TO OBTAIN INFORMATION ABOUT THE
BAIL CONDITIONS WHICH WENT UNANSWERED OR REFUSED OR THAT
THE BAIL CONDITIONS WERE ALTERED SUBSEQUENT TO THE
DEFENDANT'S RELEASE AND THE THIRD PARTY SURETY LACKED
INFORMATION ABOUT THE AMENDED CONDITIONS.
(III) WILLFUL DISREGARD TO THE SAFETY OF A WITNESS,
VICTIM OR THE GENERAL PUBLIC, IF:
(A) THE THIRD PARTY SURETY PROVIDES EVIDENCE
THAT THE THIRD PARTY SURETY REVIEWED THE BAIL
CONDITIONS WITH THE DEFENDANT WITHIN 24 HOURS OF
RELEASE AND DURING INSTANCES OF CONTACT BETWEEN THE
THIRD PARTY SURETY AND THE DEFENDANT; AND
(B) IF THE DEFENDANT INDICATED A WILLINGNESS TO
COMMIT A VIOLATION UNDER SUBSECTION (A), THE THIRD
20150SB0397PN1027 - 29 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15