Bail Bond Boards

With the decision of the Titus County Commissioners to implement a county bail bond board, the Tribune took some time to redact the applicable state law, and we publish the highlights to day as a public service.

Chapter 1704 of Title 10 of the State Occupations Code - pertaining occupations related to law enforcement - applies to the operations of a county bail bonds board. The original document is over 33 pages and 9,000 words long.

The law was passed by the Texas legislature in 1999. It has been amended a number of times since then.

The first sub-chapter sets out some basic definitions: "Bail bond" means a cash deposit, or similar deposit or written undertaking, or a bond or other security, given to guarantee the appearance of a defendant in a criminal case.

"Bail bond surety" means a person who executes a bail bond as a surety or co-surety for another person; or for compensation deposits cash to ensure the appearance in court of a person accused of a crime.

Chapter 1704 applies to counties with a population of 110,000 or more, or smaller counties where a board is created. The passage of the law in 1999 automatically created boards in counties with a population of 110,000 or more.

The discretionary creation of a board in a county with a population of less than 110,000 is allowed if a majority of the persons who would serve as members of the board approve and the commissioners court approves the creation of the board by a majority vote.

A bail bond board consists of the sheriff, a district judge, the county judge, the district attorney, a licensed bail bond surety, a justice of the peace, the district clerk, the county clerk, a presiding judge of a municipal court in the county, the county treasurer, and a criminal defense attorney.

Chapter 1704 outlines the requirements for individuals who can represent the above-named office holders on the board.

The bail bond board member who represents bail bondsmen is elected by a secret ballot; each individual licensed in the county as a bail bond surety or agent for a corporate surety is entitled to cast one vote for each license held.

The board is required to meet not later than the 60th day after the date the board is created. The action taken by county commissioners last week sets that start date Oct. 1, 2011 in Titus County. so the first meetingwill have to held in October or November.

A board in a county with a population of less than 50,000 is required to meet at least four times each year during the months of January, April, July, and October. Four members of a board constitute a quorum. A board may take action only on a majority vote of the board members are present. A person may not act as a bail bond surety or as an agent for a corporate surety in the county unless the person holds a license issued by the bail bond board. To be eligible for a license, an individual must possess the financial resources as required unless the individual is acting only as agent for a corporation holding a license.

Sureties must submit documentary evidence that, in the two years preceding the date a license application is filed, the individual completed in person at least eight hours of continuing legal education in criminal law courses or bail bond law courses that are approved by the State Bar of Texas and that are offered by an accredited institution of higher education in the state.

A person is not eligible for a license if, after August 27, 1973, the person commits and is finally convicted of a misdemeanor involving moral turpitude or a felony.

To be licensed as a bail bondsmen, a person must apply for a license by filing a sworn application with the board. If the applicant is an individual, the application must be accompanied by a list of real property owned by the applicant that the applicant intends to execute in trust to the board if the applicant's application is approved; and the applicant's complete, sworn financial statement; the applicant's declaration that the applicant will comply with state law and the rules adopted by the board; three letters of recommendation, each from a person who is reputable; and has known the applicant for at least three years;

A $500 filing fee is required, as well as a photograph of the applicant; a set of fingerprints of the applicant a list of each county in which the applicant holds a license; and a statement by the applicant, as of the date of the application, of any final judgments that have been unpaid for more than 30 days and that arose directly or indirectly from a bail bond executed by the applicant.

A corporation must file a separate corporate application for each agent the corporation designates in the county.

Before a hearing on a license application, a board or a board's authorized representative shall determine whether the applicant possesses the financial resources to comply with the law.

After the hearing the board shall enter an order conditionally approving the application unless the board determines that a ground exists to deny the application.

An order issued conditionally approving a license application becomes final on the date the applicant complies with the security requirements, and deposits with the county treasurer a cashier's check, certificate of deposit, or cash in the amount required, or executes in trust to the board each deed to the property listed on the application. The deposit made may not be less than $50,000.

A list of nonexempt real property required must, for each parcel listed, include a legal description of the property that would be sufficient to convey the property by general warranty deed; a current statement from each taxing unit authorized to impose taxes on the property showing that there is no outstanding tax lien against the property; and at the option of the applicant, either the property's: net value according to a current appraisal, or its value according to a statement from the county from the county's most recent certified tax appraisal roll;

A statement by the applicant is required that, while the property remains in trust, the applicant agrees to pay the taxes on the property; will not further encumber the property unless the applicant notifies the board and the board permits the encumbrance; and agrees to maintain insurance on any improvements on the property against damage or destruction in the full amount of the value claimed for the improvements;

A statement is required of whether the applicant is married; and if the applicant is married, a sworn statement from the applicant's spouse agreeing to transfer to the board, as a part of the trust, any right, title, or interest that the spouse may have in the property.

An applicant or a license holder may appeal an order of a board denying an application for a license or renewal of a license, or suspending or revoking a license, by filing a petition in a district court in the county not later than the 30th day after the date the person receives notice of the denial, suspension, or revocation.

An attorney is allowed to post a bond for a client, without being licensed with a bail bond board.

A bail bond license holder may not execute a bail bond that, in the aggregate with other bail bonds, results in a total amount that exceeds 10 times the value of the security deposited. A license holder, at any time, may increase the limits by depositing or executing additional security.

A person shall pay a final judgment on a forfeiture of a bail bond not later than the 31st day after the date of the final judgment; if a license holder fails to pay a final judgment the judgment shall be paid from the security deposited or executed by the license holder. Before a final judgment on a forfeiture of a bail bond, the prosecuting attorney may recommend to the court a settlement in an amount less than the amount stated in the bond or the court may, on its own motion, approve a settlement.

If a final judgment on a forfeiture of a bail bond is paid from the security deposited by a license holder, they shall deposit or execute additional security in an amount sufficient to stay in compliance.

A board shall immediately suspend a license if the license holder fails to maintain the amount of security required A board is not required to provide notice or a hearing before suspending a license under this subsection. A license suspended under this subsection shall be immediately reinstated if the license holder deposits or executes the amount of security required.

A board shall revoke a license if the license holder fails to pay a judgment or the amount of security maintained by the license holder is insufficient to pay the judgment.

The board or its authorized representative shall immediately notify the sheriff if a bail bond surety fails to pay a final judgment of forfeiture After receiving notification, the sheriff may not accept any bonds from the bail bond surety until the surety pays the judgment.

The bail bond surety's privilege to post bonds is reinstated when the bail bond surety pays the judgment.

A person executing a bail bond may surrender the person for whom the bond is executed by filing an affidavit with the court or magistrate before which the prosecution is pending.

A license holder shall maintain an office in the county in which the license holder holds a license. Not later than the seventh day after the date a license holder opens a new office or moves an office to a new location, the license holder shall notify the board of the location of the office.

A board, on its own motion, may investigate an action of a license holder that relates to a complaint that the license holder has violated the law. After notice and hearing, a board may revoke or suspend a license.

Specific acts that lead to suspending or revoking a license include being finally convicted under the laws of Texas another state, or the United States of an offense that is a misdemeanor involving moral turpitude or a felony; going bankrupt; being declared mentally incompetent; soliciting bonding business in a building in which prisoners are processed or confined; recommending to a client the employment of a particular attorney or law firm in a criminal case; or misrepresenting the amount for which the license holder may execute a bail bond for purposes of obtaining the release of a person on bond.

A person in the bonding business may not directly or indirectly give, donate, lend, or contribute, or promise to give, donate, lend, or contribute, money or property to an attorney, police officer, sheriff, deputy, constable, jailer, or employee of a law enforcement agency for the referral of bonding business.

A person may not accept or receive from a license holder money, property, or any other thing of value as payment for the referral of bonding business.

Public officials are prohibited from recommending a bail bondsman. A bail bond surety or an agent of a bail bond surety may not receive money or other consideration or thing of value from a person for whom the bail bond surety executes a bond unless the bail bond surety or agent issues a receipt to the person. A board may regulate solicitations or advertisements by or on behalf of bail bond sureties to protect the public from harassment fraud misrepresentation; or threats to public safety.

A bail bond surety may not make, cause to be made, or benefit from unsolicited contact through any means, including in person, by telephone, by electronic methods, or in writing. A board shall post in each court having criminal jurisdiction in the county, and shall provide to each local official responsible for the detention of prisoners in the county, a current list of each licensed bail bond surety and each licensed agent of a corporate surety in the county.

A list of each licensed bail bond surety and each licensed agent of a corporate surety in a county must also be displayed at each location where prisoners are examined, processed, or confined.

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Judge Loses Bench Over Bail Bonds Gifts

Seems like recently we've seen quite a few bondsmen arrested for illegal business practices or issues relating to their bonding agencies. However, someone from the other side of the fence has been identified in a bail bonds scandal. Thomas Porteous, a well known federal judge in Louisiana, has been removed from the bench after a US Senate hearing. At issue, was his acceptance of gifts from bail bondsmen. Gifts included trips, meals and other items of value. The problem is that these gifts may have affected the judge's consideration of bail bonds and treatment of the bondsmen on the cases.

Testifying against Porteous was a a New Orleans bail bondsman, would said that he took the judge on expensive trips, provided lavish meals at expensive restaurants, and had his cars filled with gas and washed. In exchange, the judge would set bail for defendants at the highest amount possible. Therefore the bail bondsman would earn higher bail bonds fees.

While the Senate convicted him 69-27, the charges actually pertain to his time as a state judge. This is unusual to say the least, that a federal judge was removed for actions stemming for time prior to the federal judgeship. Although, this was far from Porteous' only knock. Other allegations relate to unrelated cases where he improper contact with attorneys or false statements during his own bankruptcy proceedings.

Even though Congress found Porteous guilty, he was not charged with any criminal offenses. After an exensive 8 year investigation by the the Justice Department and FBI, no indictments were handed down. The judge blamed gambling and alcohol as reasons for his actions.

Celebrity Loses $1 Million Bail

American actor RANDY QUAID and his wife EVI QUAID have forfeited $1 million in bail bonds after failing to show up for their latest court date, less than a month after they missed their previous hearing, reports the New York Post.

The couple, who were scheduled to appear in court on charges of felony burglary, failed to attend the hearing in Santa Barbara California yesterday (16th November 2010). They were previously scheduled to appear in court on October 18th 2010 on the same charges, and after failing to attend, the judge issued a warrant for their arrest. The Quaids have been the subject of much media attention in recent months due to their strange behaviour. After initially being arrested for 'squatting' in a home that did not belong to them, the couple claimed they were the next intended victims on a 'Hollywood death list', which, they say, had already caused the deaths of HEATH LEDGER, CHRIS PENN, and DAVID CARRADINE.

The couple's lawyer, BOB SANGER, told the judge yesterday that the Quaids had not appeared because Randy's passport had been confiscated by Canadian authorities after he attempted to claim asylum there. Warrants for the couple's arrest are still in effect, and Judge DONNA GECK said that the $500,000 bail bonds placed on both individuals had now been forfeited

Three Arrested For Posting Fake Bail Bonds

This one comes to us from India. While we try to focus on bail bnds issues in the United States, thi is just to interesting to pass up. Imagine what would hapen to a bail bonsman in the who got caught for trying to post fake bail bonds.  

LUDHIANA: Three people have been booked on the directions of a judicial magistrate first class for having submitted fake bail bonds in a case in the court of Judicial Magistrate first class, Deepti Gupta.


The accused were identified as Sandeep Singh of Sunder Nagar, Ludhiana, Malkit Singh of Basti Bajigar, Misal Nagar, Doraha and Lal Chand of Doraha. They were booked under sections 420 (Cheating and dishonestly inducing delivery of property), 199 (for false statement made in declaration which is by law receivable as evidence), 200 (for making a declaration which is inadmissible merely upon the ground of some informality) and 120-B (punishment of criminal conspiracy) of the Indian Penal Code.


The complainant stated that the accused had furnished false bail bonds. The accused had earlier too furnished such bonds. "We have arrested all the accused in the case," said investigation officer Jaspal Singh.


Sources said there was a need to check this illegality that was being highlighted almost everyday and strict action taken to root out the problems completely. In petty offences like cheque-bounce cases, personal bonds should be accepted and if the accused fails to appear in court, an action for declaring him a proclaimed offender should be initiated straight away. This would help to curb illegal acts like those of the furnishing of fake bail bonds and the harassment of people for acquiring the same, said advocate Deepjot Singh.

For more please go to: India Times

PreTrial Release Debate Heats Up

TALLAHASSEE -- A so-called ``bailout'' for the bail bond industry is dissolving into political gamesmanship as the legislation advances to the House floor.

The sponsor, a future House speaker, stripped controversial language last month to disarm a skeptical panel -- but restored a similar provision Monday with the consent of friendlier lawmakers. And now a prominent bail bond business is being criticized for hosting a fundraiser for state Rep. Sandy Adams just three days after she helped pushed the bill through her committee. ``This whole thing smells,'' said Hillsborough County Sheriff's Col. Jim Previtera. The measure would eliminate pretrial release programs operated in several Florida counties by limiting eligibility only to indigent, nonviolent defendants. It also revokes a county's ability to charge a fee, with exceptions for court-ordered GPS monitoring and rehabilitation programs.

BARBED EXCHANGES It's a polarizing battle, drawing barbed exchanges in hearings as the bail bond industry fights what it sees as an overzealous government competing with business.


The local entities -- led by sheriffs -- contend the measure will make it harder for defendants to get out of jail and cost taxpayers millions more to house and feed inmates awaiting trial. The debate consumed the House Criminal and Civil Justice Policy Council for more than an hour before it easily won approval. It now goes to the full House but faces an uphill battle in the Senate. In advancing it, Rep. Chris Dorworth, the anointed House leader in 2014, drew criticism for his tactics. He helped add a controversial provision after previously deleting similar language in a committee where he needed the support of a Democrat, who gave it an edge, 6-5.

Dorworth said the new language was a compromise that lets judges determine if a defendant is indigent and able to participate in the pretrial programs. But Rep. Perry Thurston, a Plantation Democrat, suggested it appeared disingenuous. ``I think it's potentially an attempt to do through the back door what he couldn't do through the front door,'' he said.

FUNDRAISER Adams, R-Orlando, who is running for Congress, is also drawing rebukes from critics.
The president and lobbyist for Accredited, a prominent Central Florida bail bond insurer, hosted a fundraiser for Adams on March 29, just days after her House criminal justice budget committee passed the bill.
``It is very clear to me that when you have special interests with influence, these influences sometimes get preference over taxpayer's interests,'' said Pinellas County Sheriff Jim Coats. Adams, a former sheriff's deputy, said she supported the bill but didn't lobby for it. She disputed the timing. ``I never thought of it that way,'' she said. ``It had no bearing.'' The event raised at least $10,000. Deborah Jallad, the Accredited president, said she is a friend of Adams and also rejected any insinuations about the close timing of the vote and the fundraiser.

State law forbids lawmakers from raising campaign cash during the 60-day legislative session but provides exemptions for those running for Congress. All together, Accredited donated $15,000 to state lawmakers in the 2010 cycle and other bail bond companies added thousands more. Dorworth, the sponsor, received more than $4,000. He said it didn't influence his efforts.




Read more:Miami Herald

BY JOHN FRANK
Herald/Times Tallahassee Bureau