Print Friendly HOUSE BILL NO. 199 – Bail agents/recovry of premium/when
HOUSE BILL NO. 199
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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 - 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
This legislation specifies that bail agents who surrender
defendants early for good cause will be allowed to seek recovery of
any unpaid premium.
There is no fiscal impact.
Name: Dave Armstrong
STATEMENT OF PURPOSE/FISCAL NOTE H 199