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H0199...........................................................by BUSINESS BAIL AGENTS - Amends existing law relating to producer licensing to provide that a bail agent who surrenders a defendant early for good cause shall be entitled to seek recovery of any unpaid premium. 02/14 House intro - 1st rdg - to printing 02/15 Rpt prt - to Bus
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 199 BY BUSINESS COMMITTEE 1 AN ACT 2 RELATING TO PRODUCER LICENSING; AMENDING SECTION 41-1044, IDAHO CODE, TO PRO- 3 VIDE THAT A BAIL AGENT WHO SURRENDERS A DEFENDANT EARLY FOR GOOD CAUSE 4 SHALL BE ENTITLED TO SEEK RECOVERY OF ANY UNPAID PREMIUM. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 41-1044, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 41-1044. EARLY SURRENDER OF DEFENDANT TO CUSTODY -- RETURN OF PREMIUM. 9 (1) A bail agent shall immediately return in full all premium and collateral 10 associated with a bail transaction if the bail agent without good cause or in 11 violation of the bail contract surrenders the defendant to custody before the 12 time specified in the undertaking of bail or the bail bond for the appearance 13 of the defendant or, if no time is specified in the undertaking or bond, 14 before the time the defendant is lawfully required to appear in court. 15 (2) A bail agent has good cause for the early surrender of a defendant if 16 the defendant has changed addresses without notifying the bail agent, engaged 17 in self-concealment, left the jurisdiction of the court without permission of 18 the bail agent or the court, materially breached the terms of the bail con- 19 tract, or has otherwise acted in a manner that materially increases the risk 20 of loss assumed by the bail agent or surety. A failure to pay the premium when 21 due shall constitute good cause for early surrender only if at the time of the 22 bail transaction the bail agent obtains the payor's signature on a written 23 statement clearly stating the amount of premium due, the date by which the 24 premium must be paid and that the failure to pay the premium by the due date 25 will result in the early surrender of the defendant and forfeiture of any pre- 26 mium paid. A bail agent who surrenders a defendant early for good cause shall 27 be entitled to seek recovery of any unpaid premium. 28 (3) Before surrendering a defendant early for good cause, a bail agent 29 shall prepare a signed and dated written statement fully describing the facts 30 upon which the agent relied in determining that good cause exists for the 31 early surrender of the defendant. The statement shall be maintained as a 32 record of the bail transaction and shall be made available to the department 33 upon request.A bail agent who surrenders a defendant early for good cause34shall not be entitled to seek recovery of any unpaid premium.
STATEMENT OF PURPOSE RS 14878 This legislation specifies that bail agents who surrender defendants early for good cause will be allowed to seek recovery of any unpaid premium. FISCAL NOTE There is no fiscal impact. Contact Name: Dave Armstrong Phone: 941-8093 STATEMENT OF PURPOSE/FISCAL NOTE H 199