2005 Legislation
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HOUSE BILL NO. 199 – Bail agents/recovry of premium/when

HOUSE BILL NO. 199

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN 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  cause
 34    shall not be entitled to seek recovery of any unpaid premium.

Statement of Purpose / Fiscal Impact



                       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