A02960
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2046
Session of
2021
INTRODUCED BY KLUNK AND ECKER, NOVEMBER 3, 2021
REFERRED TO COMMITTEE ON JUDICIARY, NOVEMBER 3, 2021
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in bonds and
recognizances, further providing for definitions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5741 of Title 42 of the Pennsylvania
Consolidated Statutes is amended to read:
ยง 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.] A professional
bondsman or a surety bondsman.
"Business of giving bail" or "business of a bail bondsman."
The term includes acting as a surety for a defendant,
indemnifying a surety for a defendant or providing financial
support for the release of a defendant on a monetary condition
of release on bail with or without compensation to a defendant.
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A person is engaged in the business of giving bail
notwithstanding whether the person completes a necessary written
obligation required by the court of a surety or by allowing a
defendant for which a bond is issued to submit a necessary
written obligation in the defendant's own name as surety.
"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 person
engages in the business of a bail bondsman.
"Professional bondsman." A person who engages in the
business of giving bail as a surety for compensation.
"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.
"Surety bondsman." A person who engages in the business of
giving bail as a surety without compensation in a judicial
district for at least three 75 defendants within 30 days in
criminal proceedings not arising out of the same transaction or
occurrence.
Section 2. This act shall take effect in 60 days.
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