SB 885 Modifies laws relating to bail bond agents
Sponsor: Cauthorn
LR Number: 3283S.03I Fiscal Note: 3283-03
Committee: Judiciary and Civil & Criminal Jurisprudence
Last Action: 3/27/2006 - Hearing Conducted S Judiciary and Civil & Criminal Jurisprudence Committee Journal Page:
Title: Calendar Position:
Effective Date: August 28, 2006

Full Bill Text | All Actions | Available Summaries | Senate Home Page | List of 2006 Senate Bills

Current Bill Summary


SB 885 - This act modifies laws relating to bail bond agents.

SECTION 374.707 - Under this act, the Department of Insurance is required to notify general bail bond agents who are listed as having a forfeited bond. Such attempt to notify general bail bond agents by the department must be made by fax or e-mail within 48 hours of the forfeiture being listed with the department.

SECTION 374.710 - The Department shall include the photograph provided by the person during the application process on agent license.

This section requires a person to provide the name, address, and telephone number of each employer for which he or she works upon receiving a bail bong agent or general bail bond agent license. The information must be updated with new employers before the person writes bond for them.

SECTION 374.715 - This section requires an applicant to provide a photo identification, a standardized fingerprint card with the person?s fingerprints processed by a law enforcement agency, and the results of a criminal history background check processed by the Highway Patrol.

Any applicant who provides false information shall be guilty of a Class A misdemeanor.

SECTION 374.755 - In addition to the current reasons for which the Department may file a complaint with the Administrative Hearing Commission against the holder of a license, it may also do so for: 1) the final adjudication or plea of guilty to a dangerous felony regardless of when it occurred; or 2) having filed bankruptcy within the past seven years as an owner or officer of a company that was created for the purpose of engaging in the bail bond business.

Any bail bond agent or general bail bond agent who has his or her license revoked by the Director of the Department must return such license to the Department. Failing to do so when required is a Class A misdemeanor.

To the extent that Rule 33.17 of the Missouri Rules of Civil Procedure contradicts any provision of this section, the provisions of this section shall prevail.

SECTION 374.759 - If the court orders any bond for a defendant, the bail bond agent may issue said amount for the bond with his or her surety. Such surety shall be accepted in the same manner as cash for a cash bond if the amount exceeds $1,000.

SECTION 374.761 - A bail bond agent shall be qualified to write bail in a circuit court if the general bail bond who employs the agent is licensed and qualified to write bail in the court and the bail bond agent is also licensed and is in good standing with the Department of Insurance.

Any general bail bond agent, or any bail bond agent employed by such person, who is licensed shall qualify to write bail in any circuit court. To the extent that Rule 33.18 (e) of the Missouri Rules of Civil Procedure contradicts any provision of this section, the provisions of this section shall prevail.

SECTION 374.773 - This section requires any licensed bail bond or general bail bond agent who is arrested for a felony to notify the Department of Insurance within 10 days of his or her arrest.

SECTION 544.640 - The court may forfeit a bond or order an execution hearing between 60 and 180 days after a person fails to appear for trial, judgment, or on another occasion when his or her presence is needed. Notice of the execution hearing shall be served within 10 days of such failure to appear. If the bail bond agent provides proof that the defendant is incarcerated or that it is physically impossible for the defendant, bail bond agent, or surety to satisfy conditions of the bond, the bail bond agent shall be released from liability and all money and property deposited with the court shall be returned within 10 days. The court must agree that there are physically impossible conditions so that the defendant cannot appear under such circumstances.

On application of the surety filed within 180 days of the payment of final judgment, the court shall order remission of 100% of the bond amount to the surety if: 1) the surety surrenders the principal to an authorized officer, 2) such surrender has been denied by an authorized officer, or 3) the surety locates the defendant in custody in another jurisdiction. If it is proven to the court that such surrender has been made, denied, or that the defendant is in custody in another jurisdiction, the court shall direct that the judgment be marked satisfied and that the writ of execution be canceled.

Under this act, a defendant shall be surrendered without the return of the premium for the bond if the indemnitor attests in writing the desire to be released or if the agent discovers the defendant is guilty of certain activities, including but not limited to, failing to appear, changing addresses without notification, or leaving the jurisdiction. Upon forfeiture of the bond, the court may order that the defendant's driver's license be suspended until the defendant has satisfied the forfeiture.

SUSAN HENDERSON MOORE