Posts Tagged “bail bonds los angeles”

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Jul 02 2010

Another “bad apple” in the bail industry

Posted by Paul Repetti in Bail in the News


A bail bondsman from Whittier was arrested Thursday for allegedly misappropriating $30,000 from a client, officials said.

Arturo Miramontes, 40, was charged with two counts of grand theft by embezzlement.

He is a licensed bail bondsman at Rodeo Bail Bonds in Whittier. A phone number listed for the business was disconnected.

Miramontes has a July 6 arraignment at Clara Shortridge Foltz Criminal Justice Center in Los Angeles.

In late 2007, the victim contacted Miramontes to secure a bail bond, giving the defendant $30,000 as cash collateral. The victim’s court case was completed and his bail was exonerated.

Miramontes allegedly failed to return the cash collateral to the victim and allegedly embezzled funds from the insurance company for which he wrote the bond, said Shiara Davila-Morales, spokeswoman for the District’s Attorney’s Office.

He was booked at the Sheriff’s Century Station, according to the sheriff’s booking system. But it doesn’t show if Miramontes posted bail.


Read more: Whittier bail bondsman arrested for grand theft – Whittier Daily News http://www.whittierdailynews.com/news/ci_15423574#ixzz0sY2XXmUN

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Jul 02 2010

Bad Apples in the Bail Bond Industry…

Posted by Paul Repetti in Bail in the News

Bondsman charged in “referral scheme”

SANTA ANA – A bail bond agent was arrested Thursday and accused of soliciting attorney referrals and inmate business in an illegal bail bond referral scheme.

Ronald Lee Brockway, 50, of Seal Beach, is charged with two felony counts of violating bail license regulations and faces a maximum sentence of three years and eight months in state prison.

He is being held on $50,000 bail pending his arraignment.

California law prohibits bail bond employees from soliciting bail business from any inmate or incarcerated person, according to a news release from the Orange County District Attorney’s Office. The law also prohibits bail bond employees from recommending any attorney to any bail bond client, even if no money changes hands.

Brockway is accused of sending numerous e-mails to attorneys soliciting them to participate in an illegal bail bond scheme with his company, Respect Bail Bond, according to the news release.

In his messages, Brockway is accused of suggesting that the attorneys refer bail bond business to him, while offering to refer clients to the attorneys in order to “increase both of our earnings substantially,” prosecutors said.

Brockway is also accused of unlawfully soliciting business from inmates by mass mailing flyers to the Orange County jail containing the name and contact information for Respect Bail Bond. The flyers read, “Get out of jail today by calling now!”

In October 2005, Brockway testified in an Orange County Grand Jury hearing that he had received cash payments from attorney Joseph Cavallo in exchange for referring arrestees to Cavallo’s law practice.

Brockway was not prosecuted in that case because his testimony was needed in the prosecution of other defendants, prosecutors said.

Cavallo was indicted based partly on Brockway’s testimony. Cavallo pleaded guilty on Oct. 12, 2007, to conspiracy to engage in attorney capping, or paying for clients, and an illegal attorney referral scheme. He was sentenced to six months in jail on Dec. 14, 2007.

The District Attorney’s Bureau of Investigation began investigating the current case after a private attorney contacted the OCDA to report receiving the e-mail from Brockway regarding the illegal referral scheme.

Contact the writer: lwelborn@ocregister.com or 714-834-3784

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Jun 25 2010

2010 Bail Related Case summary

Posted by Paul Repetti in Bail Laws

In County of Los Angeles v. American Contractors Indemnity Co. , 2010 WL 2373364 (Cal.App. June 15, 2010) the defendant repeatedly failed to appear, but his counsel represented that the defendant had health problems.  Eventually the court declared a forfeiture and entered summary judgment on the bond.  The surety moved to set aside the summary judgment and exonerate the bond.  The court denied the motion 126 days after the motion was filed, and the surety appealed.  The appeal was filed 175 days after notice of entry of the summary judgment.  The Court dismissed the appeal as untimely.  The surety argued that the trial court lost jurisdiction when it failed to forfeit the bond when the defendant first failed to appear without sufficient excuse.  The Court held that the trial court had fundamental jurisdiction and may only have acted in excess of its jurisdiction.  Therefore, the summary judgment became final when the appeal period expired, and it was not subject to collateral attack by the surety’s motion to set it aside.

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Jun 17 2010

New California case law – Bail

Posted by Paul Repetti in Bail Laws

In County of Los Angeles v. American Contractors Indemnity Co., 2010 WL 2373364 (Cal.App. June 15, 2010) the defendant repeatedly failed to appear, but his counsel represented that the defendant had health problems. Eventually the court declared a forfeiture and entered summary judgment on the bond. The surety moved to set aside the summary judgment and exonerate the bond. The court denied the motion 126 days after the motion was filed, and the surety appealed. The appeal was filed 175 days after notice of entry of the summary judgment. The Court dismissed the appeal as untimely. The surety argued that the trial court lost jurisdiction when it failed to forfeit the bond when the defendant first failed to appear without sufficient excuse. The Court held that the trial court had fundamental jurisdiction and may only have acted in excess of its jurisdiction. Therefore, the summary judgment became final when the appeal period expired, and it was not subject to collateral attack by the surety’s motion to set it aside.

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Jun 16 2010

New Bail Related Case Summaries

Posted by Paul Repetti in Bail Laws

In People v. Indiana Lumbermens Mutual Insurance Co., 2010 WL 2254799 (Cal.App. June 7, 2010) the defendant was released on bond subject to an INS hold.  He was either deported, or voluntarily returned, to Mexico or Guatemala.  When he failed to appear, the court declared a forfeiture and notice was mailed.  After one extension of the appearance period, summary judgment was entered.  After expiration of the extended appearance period, the surety moved to set aside the summary judgment and discharge the bond on the ground that it was impossible to return the defendant because he could not legally enter the United States.  The trial court denied the motions and the surety appealed.

The government argued that the surety’s motions were untimely because they were filed after expiration of the appearance period.  The Court agreed that the motions were untimely.  The Court found that the surety’s motions were based on Penal Code §1305 and had to be filed within the time limits set forth in the statute.  The Court nevertheless considered the surety’s arguments on their merits and found that the defendant’s absence was not a permanent disability under §1305(d) nor that he was detained and the prosecutor refused to seek extradition under §1305(f).  The surety or the defendant could have sought pursuant to 8 U.S.C. §1182(d)(5(A) for him to be allowed to enter the U.S. to appear in court.  Thus, the surety’s motions were not based on the lack of jurisdiction of the trial court to entered summary judgment, or on the trial court’s obligation on its own motion to vacate the forfeiture order, but rather on arguments that the surety was entitled to relief under §1305.  As such, the motions had to be filed within the extended appearance period, and even if considered on their merits the motions were properly denied.  The Court affirmed summary judgment against the surety.  [Not published].

In People v. Fairmont Specialty Group , 2010 WL 2246448 (Cal.App. June 7, 2010) the clerk mailed a notice of forfeiture to the surety to start the appearance period, but apparently no actual forfeiture was declared in open court.  After one extension of the appearance period, the surety moved to vacate any forfeiture and exonerate the bond.  The surety appealed from denial of its motion and the eventual summary judgment.  The Court held that failure to declare a forfeiture on the record resulted in exoneration of the bond and loss of jurisdiction to enter the judgment.  The Court reversed the judgment against the surety and remanded with directions to vacate forfeiture and exonerate the bond.  [Not published].

In People ex rel. County of Orange v. Accredited Surety and Casualty Co. , 2010 WL 2332965 (Cal.App. June 10, 2010) the defendant failed to appear.  The court apparently intended to forfeit the bond, but it said the bond was exonerated.  The trial court denied the surety’s motion to vacate the forfeiture and entered summary judgment.  On the surety’s appeal, the Court rejected the surety’s argument that certain “magic words” had to be used to declare a forfeiture, but held, “it is clear that court must declare a forfeiture and that it is not sufficient for the court to state the opposite, that the bond is exonerated, even if it appears the court misspoke unintentionally.”  Having failed to declare a forfeiture in open court, the trial court lost jurisdiction to forfeit the bond at a later date, and the Court reversed the judgment.  [Not published].

In People v. Indiana Lumbermens Mutual Insurance Co. , 2010 WL 2303207 (Cal. June 10, 2010) the California Supreme Court resolved a conflict between two Courts of Appeal by holding that a surety must file its motion to vacate forfeiture of its bond within the appearance period if it relies on the arrest or surrender of the defendant in another county.  The defendant failed to appear in Los Angeles on April 18, 2007, and the court declared a forfeiture.  The bail agent surrendered the defendant in San Bernardino County on July 16, 2007.  Summary judgment was entered against the surety on December 4, 2007.  On January 8, 2008, the surety moved to vacate the summary judgment, set aside the forfeiture and exonerate the bond.  If the motion had been filed within the appearance period, it should have been granted pursuant to Penal Code §1305(c)(3) because the defendant was returned to custody outside of Los Angeles County, but there was a division between Courts of Appeal as to whether the surety could file the motion after the appearance period expired.  The Court discussed the legislative history of §1305 and the conflicting Courts of Appeal cases and held that §1305(i) applied and required the surety to file its motion within the appearance period.

In United States v. Gonzales & Gonzales Bonds and Insurance Agency, Inc. , 2010 WL 2265213 (S.D.Ind. May 27, 2010) the United States sued an agent and surety on 18 immigrant delivery bonds.  The Government filed suits against the same defendants to enforce other bonds in the Western District of Tennessee and the Northern District of California.  The case filed in Tennessee had already been transferred to the Northern District of California, and the defendants made a motion to transfer this case as well.  The court granted the motion for the convenience of the parties and witnesses and the interest of justice.

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Jun 01 2010

New Bail Related Case Summaries

Posted by Paul Repetti in Bail Laws

In County of Los Angeles v. Indiana Lumbermens Mutual Insurance Co., 2010 WL 2115954 (Cal.App. May 27, 2010) the surety appealed the trial court’s refusal to extend the initial appearance period.  The surety’s motion relied on an affidavit from an investigator describing his attempts to locate the defendant.  The Court held that good cause for an extension required both due diligence in the initial period and a reasonable likelihood of success in capturing the defendant if the extension is granted.  Here, the Court thought that even if the investigator’s actions were due diligence, there was an insufficient showing of likelihood that the defendant would be located if more time were allowed.  The Court held that the trial court did not abuse its discretion in denying the extension and affirmed summary judgment on the bond.

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Apr 27 2010

Bail Related Case Summaries

Posted by Paul Repetti in Bail Laws

In State v. Eazy Bail Bonds, 2010 WL 1636891 (Ariz.App. April 22, 2010) the defendant failed to appear and the court set a bond forfeiture hearing.  At the hearing, the president of one of the bail bond agents appeared as the “agent” of the surety and the corporate agents.  She was not, however, an attorney.  The trial court heard her arguments and evidence that the defendant was dead and entered judgment forfeiting the bond.  The agents and surety, by counsel, asked for a new trial and appealed when it was denied.  The Court held that as business entities the agents and surety could appear only by counsel.  Since they effectively had not appeared or offered evidence to show a grounds to set aside the forfeiture until after judgment was entered, they could not challenge the judgment on appeal.  The Court recognized that practices with regard to representation of bail agents and sureties had not been consistent and that the trial court acquiesced in the non-attorney’s participation in this case, but neither the litigants nor the trial court can change the rules on practice of law, and this decision will be published to clarify the issue.  [Published].

In People v. Indiana Lumbermens Mutual Insurance Co., 2010 WL 1614298 (Cal.App. April 22, 2010) the defendant fled to Lebanon.  He was located there, but the United States did not have an extradition treaty with Lebanon, and the court concluded that extradition was not feasible.  The surety moved to vacate the forfeiture and exonerate the bond pursuant to subsections (f) and (g) of Penal Code §1305 or in the alternative to toll the running of the appearance period.  The Court held that there could be no “election” not to extradite if extradition was not a feasible possibility.  The Court also noted that at the time of the trial court hearing the defendant was no longer in custody, and had never been temporarily detained, which were prerequisites to relief under the statute.  Therefore, the surety was not entitled to relief under §1305.  The Court also affirmed denial of the surety’s alternative request for tolling of the appearance period since there was no feasible possibility of recovering the defendant.  [Not published].

In People v. Lopez, 2010 WL 1619561 (Cal.App. April 22, 2010) the defendant fled to Mexico.  The bail agent followed the identification procedures of Penal Code §1305(g), and the surety filed a motion to vacate the forfeiture and exonerate the bond.  Two days later, the trial court entered summary judgment, but the clerk did not mail notice of the entry for over a month.  In the meantime, the parties filed memoranda and the trial court denied the surety’s motion to vacate the forfeiture and exonerate the bond.  The surety appealed from denial of its motion but not from the summary judgment.  The Court did not reach the merits of the surety’s entitlement to relief under §1305(g) because it held that the summary judgment, which had not been set aside by the trial court or appealed by the surety, was final and not subject to collateral attack.  Once the summary judgment was entered, the trial court lost jurisdiction to rule on the motion to vacate the forfeiture and exonerate the bond.  Such a motion is not within the limited types of permitted post judgment motions.  In addition, while the summary judgment may have been voidable because of the surety’s pending motion to vacate the forfeiture, it was not void and was in full force and effect until vacated by the trial court or reversed on appeal.  The surety could have appealed the summary judgment or included it in its appeal of denial of the motion, but it did not.  Therefore, the summary judgment was final.  [Not published].

In Absolute Bonding Corp. v. White-Watkins, 2010 WL 1613304 (Cal.App. April 22, 2010) the defendant’s mother signed a contract with the bail agent promising to pay a premium of 10% of the amount of the bond per year.  She paid slightly less than half the first year’s premium in cash and the balance in 15 monthly installments.  She did not pay another premium.  The indemnity agreement provided that if she failed to pay any premium due the bail agent could surrender the defendant, but the agent did not surrender him.  He subsequently failed to appear, the bail agent was unable to locate him, and summary judgment was entered on the bond.  The indemnitor argued that the bail agent should have surrendered the defendant when the renewal premium was not paid.  The Court held that the agent had the right to surrender him, but no obligation to do so, and entered judgment for the bail agent against the indemnitor.  [Not published].

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Mar 03 2010

New Legisltaive Log for Bail around America

Posted by Paul Repetti in Bail Laws

State

Bill

Description

Status

AK

H 324

Relating: to failure to appear, to arrest for violating certain conditions of release, to release before trial, before sentence, and pending appeal.  Court cannot modify bond amount without approval of surety.

Judiciary

03FEB10

AK

S 252

Relating: to failure to appear, to arrest for violating certain conditions of release, to release before trial, before sentence, and pending appeal. Court cannot modify bond amount without approval of surety.

Judiciary

03FEB10

AL

H 322

Ignition interlock as a bail condition for second DUI.

Introduced
19JAN10

AL

H 348

Presiding judge in each district can set up  drug courts.

Introduced 19JAN10

AL

S 53

Ignition interlock as a bail condition for second DUI.

Introduced 12JAN10

AL

S 410

Allows each court to set up drug court, pretrial diversion program.

Introduced 11FEB10

AZ

S 1394

No bail for illegal whom has previously been deported or departed under a removal order.

Introduced
01FEB10

CA

A 1369

Certain minimum security/low risk inmates (including those pending trial) in county lock ups may participate in a work furlough, home detention/GPS program. Service can be provided by private entity.

Passed Assembly. Passed Senate with House concurring in Senate amendments.

Held at desk in Senate 28JAN10

CA

S 1049

New

A judge or magistrate may, with respect to an offense specified in the existing provision, increase bail above that in the bail schedule without a hearing, provided a declaration justifying the increase is presented under oath by a sworn peace officer.

Rules for assignment.
17FEB10

CO

H 1215

Authorizes use of cash bond deposits to pay the defendant’s court costs, fines, fees and restitution if the defendant was the depositor or the depositor consents.

Judiciary

01FEB10

CT

H 5147

To improve the regulation of surety and professional bondsmen.  Appointment by an insurer.

Insurance and Real Estate 10FEB10

CT

H 5158

Firearms training requirement for agents and recovery agents.

Insurance and Real Estate 10FEB10

FL

H 297

Defendant who leaves scene of an accident in which a death resulted, must be brought before judge before bail given.

Introduced

14JAN10

FL

H 445

Tightens requirements for PTS agencies in the release of defendants.

Public Safety &  Domestic Policy Cmt 01FEB10

FL

S 782

Tightens requirements for PTS agencies in the release of defendants.

Criminal justice and Appropriations committees 17DEC09

FL

S 2336
New

Requires formation of local offender advisory council in each county. (Probably will involve PTS.)

Introduced

14FEB10

FL

S 2364
New

Amend provisions related to forfeitures

Introduced 14FEB10

FL

S 2418
New

Defendant who leaves scene of an accident in which a death resulted, must be brought before judge before bail given.

Introduced

25FEB10

GA

H 889

Limits OR bonds for those accused of certain crimes

Second Reading
25JAN10

GA

H 897

Sexual assault bill which might be a vehicle for a post conviction bond.

Passed out of Committee 02FEB10

GA

H 980

School Board Members engaging in bail bond business

Second Reading
28JAN2010

GA

H 1015

Requires criminal gang offenses to be granted bail by a superior court judge.

House Second Readers 1FEB2010

GA

H 1030

Establishes community supervision div. of DOC for those on probation.  (Possible vehicle for PCB?)

From State Institutions and Property 08FEB10

GA

H 1052

Clarifies provisions requiring a surety to be a GPS provider. (Relates to H 306)

Judiciary Non-Civil 04FEB10

GA

H 1171

Insurance and Real Estate

Introduced 16FEB10

HI

SB 2534

Requires Law Enforcement to accept bonds when courts are closed

In Committee 2FEB2010

HI

SB 2544

Modernizes Insurance Code; Bail Agents

To be heard by CPC/JUD 04FEB2010

HI

SB 2697

Modernizes Insurance Code; Bail Agents

Referred to CPN 27JAN2010

HI

SB 716

Ignition Interlock as a condition of bail

Carried over to 2010 Session

HI

H 420

Surety can discharge principal at will, but must give notarized statement why with court prior, and COI after.

Carried over to 2010 Session 11MAY2009

HI

S 1301

Surety can discharge principal at will, but must give notarized statement why with court prior, and COI after.

Carried over to 2010 Session 11MAY2009

HI

S 2133

Forfeiture mitigation if defendant returned within 180 days. Forfeiture executed 180 days (vice 30 days) after judgment.

JGO 20JAN10

ID

S 1303

Illegal alien deemed a flight risk.

State Affairs 29JAN10

ID

S 1371

Addresses issue of suspending surety from writing if outstanding unpaid judgments.

Reported to Jud. 17FEB10

IN

H 1144

A defendant  charged with a crime against a person must have solvent sureties to qualify for bail.

Introduced 07JAN10

IN

H 1354

Post conviction bond.

Courts and Criminal Code 13JAN10

IN

S 293

Makes bail law concerning: (1) notices to sureties and bond agents; (2) circumstances under which a cause is determined; (3) failure to appear; and (4) substitution of bail for deposits. Specifies that a court may require a defendant admitted to bail to execute a bail bond written by an insurer (instead of being executed with sufficient solvent sureties). Removes a provision that allows a court admitting a defendant to bail to require the

Referred to House
02FEB2010

IN

S 317

Bail undertaking expires after 36 months.   Agents must have email address for court notices. Reduces time certain to 180 days from  1 year. Court fees from FTA cannot be charged to agent.

Introduced

12JAN10

IN

S 340

Re parole board duties. (See S 293 which was amended into S 340)

Passed Senate. To House Judiciary.
S 293 amended into S 340. To House floor 22FEB10

KS

H 2528

Amends court procedure for forfeiture.  No judgment until 60 (changed from 10) days after notice mailed.

Judiciary Hearing
02FEB10

KS

H 2545

Increasing the amount of bond deposit to clerks up to 10% of $25,000 (changed from $2,500) provided  the person qualifies for ten percent deposit bail.

Judiciary Hearing 02FEB10

KS

H 2656

Non appearance only reason for forfeiture.

From Judiciary 17FEB10

KS

S 534

Non appearance only reason for forfeiture

From Judiciary 17FEB10

LA

H 28

Permits a temporary emergency release on an unsecured personal surety in certain emergency conditions but excludes certain enumerated charges from such releases.

Judiciary

29MAR10

MD

S 841

Permits insurance commissioner to authorize premium financing and set regulations for same.

From Judicial Proceedings to Finance 12FEB10

MI

H 5492

Amending return of defendants to custody in compliance with H 5493

Regulatory Reform 30SEP09

MI

H 5493

Regulates recovery agents.

Regulatory Reform 30SEP09

MI

H 5536

Regulates bails agents, recovery agents, and runners, etc.

Regulatory Reform 22OCT09

MI

H 5537

Requirements for bail bond agents, runners.

Regulatory Reform 22OCT09

MI

H 5538

Additional fee ($25) when posting bail.

Appropriations 22OCT09

MI

H 5806

Bail recovery agents exempt from PI licensure act requirements.

Regulatory Reform11FEB10

MI

S 325

Vehicle tracking devices by bail agent permitted.

Passed Senate.  To House Judiciary. 02FEB10

MN

H 3089

New

For certain domestic abuse charges removes the existing cap on the amount of bail and authorizes bail in any amount necessary to protect the safety of the victim, other family members or the public.

Crime Victims/Criminal Records to Public Safety Policy and Oversite Hearing 26FEB10

MN

S 2636

New

Judicial district can establish a pilot project EM/GPS to protect victims of domestic abuse.

Judiciary 16FEB10

MN

S 2715

New

For certain domestic abuse charges removes the existing cap on the amount of bail and authorizes bail in any amount necessary to protect the safety of the victim, other family members or the public.

Judiciary 18FEB10

MO

S 892

Recommends MO DOI commission findings for bail statute overhaul, e.g. uniform state-wide forfeiture provisions, property writers’ fiscal accountability.

To be Introduced 04FEB10

MO

H 2156

Makes extensive revisions to the statutes on bail

Second Reading 16FEB10

MS

H 411

Name of company must be on probation bond. (Requirement already exists.)

Introduced 07JAN10

MS

H 835

Establishes community corrections program for 12th judicial district. (Precursor to PTS expansion?)

Passed House 09FEB10

MS

H 900

Defines bail agent, restricts certain relatives from writing bail bonds, other requirements.

Judiciary B 18JAN10

MS

H 1308
New

Persons charged with causing the death of another under certain circumstances must post bail prior to release.

Introduced 18JAN10

MS

H 1333
New

Persons charged with causing the death of another under certain circumstances must post bail prior to release.

Introduced 18JAN10

MS

S 2104
New

Bail bond fee to be refunded to domestic violence defendant not convicted.

Introduced 06JAN10

MS

S 2733
New

Licensed bail gents do not need an officer’s approval to be a surety.  Further clarifies surrender of principal, forfeitures, etc.

Introduced 12JAN10

MS

S 2734

Defines bail agent, restricts certain relatives from writing bail bonds, other requirements.

Introduced 12JAN10

MS

S 2923

For domestic violence charge, 24 hours confinement before being released on bail.

Introduced 18JAN10

MS

S 2890
New

Imposes 2% fee of bond amount on defendants posting bond or OR’d, plus and additional $10 on each defendant posting a bond.

Judiciary B 18JAN10

MS

S 2926
New

Clarifies that municipal judge may require cash bond.

Introduced 18JAN10

MS

S 2993
New

For domestic violence charge, 24 hours confinement before being released on bail.

Corrections 18JAN10

MS

S 3003
New

Established community corrections program and pretrial support services.

Corrections
Appropriations
18JAN10

NC

H 84

No bail for certain illegal aliens.

Ways & Means
12FEB09

NC

H 1338

Post conviction bond.  (included in H 945)

Incorporated
10AUG09

NC

H 1572

To assess a processing fee ($50) when a failure to appear is stricken and as a result a bail bond forfeiture is set aside.

Introduced
05MAY09

NC

S 726

House arrests as a condition of pretrial release. GPS/EM required if defendant leaves for specific proposes.

Judiciary I
24MAR09

NC

S 789

Person convicted of a drug misdemeanor violation prohibited from being a bondsman.

Commerce
25MAR09

NC

S 1013

Citizen’s Right to Know

Judiciary II
Held till 2010 session
15MAY09

NC

S 1056

Bondsmen must obtain firearms permit, firearms training, and liability insurance.

Judiciary IAmended/subst.
13MAY09

NE

L 273

Bail bond fee for misdemeanor: $25; for felony: $100.

Government, Military Affairs etc.
05MAR09

NH

H 651

For reasonable regulation of private detectives. Joins bail recovery licenses to some requirements for investigative services.

Executive Departments and Administration 21JAN110

NJ

A 428

Restricts bail options for second and subsequent offenses occurring while released.

Judiciary 12JAN10

NJ

A 807

Adds death by boat or auto plus certain assaults to bail restricted crimes.

Judiciary 12JAN10

NJ

A 814

Adds death by boat or auto plus certain assaults to bail restricted crimes.

Judiciary 12JAN10

NJ

A 989

Adds 17 crimes to the bail restrictions list.

Judiciary 12JAN10

NJ

A 1143

FTA only justification for forfeiture.  Establishes a remission of forfeitures schedule for certain conditions.

Public Safety 12JAN10

NJ

A 1191

No bail for illegal if defendant has two priors for separate crimes.

Judiciary 12JAN10

NJ

A 1491

No ten percent bail for persons charged with violating a domestic violence retraining order.

Judiciary 12JAN10

NJ

ACR 62

Proposes a constitution amendment whereby illegals are ineligible for bail,

Judiciary 12JAN10

NJ

S 294

GPS a condition of bail for one charged with sex offense.

Judiciary 12JAN10

NJ

S 401

No bail for illegal if defendant has two priors for separate crimes.

Judiciary 12JAN10

NJ

S 425

Adds crimes with bail restrictions.

Judiciary 12JAN10

NJ

S 781

Adds death by boat or auto plus certain assaults to bail restricted crimes.

Judiciary 12JAN10

NY

A 827

No bail for certain felony charges, or of defendant has two previous felony convictions.

Prefiled 07JAN09

NY

A 1709

No bail or OR for sex offenses against person under 18.

Codes 19JAN09

NY

A 3035

“Jilly’s law” criteria added to bail decision., i. e., danger to community by defendants, etc. may require EM/GPS etc.

Codes 06Jan2010

NY

A 3132

No OR or bail for certain A, B, or C class felonies.

Codes 23JAN09

NY

A 3898

Defines crimes for which defendant can be denied bail except in line with certain restrictions

Codes 06JAN2010

NY

A 4305

Directs courts to exonerate bail and order recognizance when no grand jury action has occurred for 45 days from arraignment, unless for good cause otherwise.

Codes 03FEB10

NY

A 5542

Directs courts to exonerate bail and order recognizance when no grand jury action has occurred for 45 days from arraignment, unless for good cause otherwise.

Codes 03FEB10

NY

A 6746

Requires bail hearing no sooner than 72 hours after bail application for person presumed to be an illegal alien.

Codes 06JAN2010

NY

S 6867
New

Forfeiture for breach of conditions.

Crime Victims, Crime, and Corrections 18FEB10

NY

A 7139

Outlines restrictions on granting bail to certain defendants.

Codes 06JAN2010

NY

S 1401

“Jilly’s law” criteria added to bail decision., i. e., danger to community by defendants, etc. may require EM/GPS etc.

Codes 06JAN2010

NY

S 3480

Authorizes and directs courts to deny orders of recognizance or bail where the defendant poses a risk of danger to the community.

Codes 06JAN2010

NY

S 4366

Enforcement agent responsible for conduct of employees.

Codes 04FEB10

NY

S 5539

Authorizes pilot program for posting bail with credit card.

Codes 06JAN2010

OH

H 184

Points to be considered re the probability of defendant’s appearing for trail including  immigration status.

Introduced 19MAY09

OH

H 251

If accused enters diversion program, bond is exonerated.

Introduced 08JUL09

OH

H 300

New provisions for resident and non-resident surety bail agent license.

Passed  House and Senate 01DEC09

OH

S 22

Expands eligibility requirements for inmates for re-entry court. (Amendment to be introduced  for surety bond use in re-entry process)

From Senate Judiciary 18JUN09

OK

H 2576

DOI Commissioner can make adjustment to bondsmen’s fees.

Introduced 01FEB10

OK

H 3242

County officials can contact for recovery of fail to pay warrants.

Introduced 01FEB10

OK

H 3275

Place holder for “Bail bondsmen Reform Act of 2010″

Introduced 02FEB10

OK

S 1294

Against fraud, deception, and inducements in insurance (also applies to bail bonds).

Introduced 01FEB10

OK

S 1297

Against fraud, deception, and inducements in insurance (also applies to bail bonds).

Introduced 01FEB10

OK

S 1658

DOI Commissioner can make adjustment to bondsmen’s fees.

Prefiled 12JAN10

OK

S 1796

Bond exonerated on defendant accepted into a drug court program.

Judiciary02FEB10

OK

S 1993

Insurance commissioner to give notice to bondsman of violation, upon verification, can suspend license.

Introduced 01FEB10

OK

S 1994

Makes minor revisions to hearing on violations by bail agents.

Introduced 01FEB10

OK

S 2054

Large insurance bill which has provisions for denial of bail license, withdrawal of appointment by surety, etc..

Introduced 01FEB10

OK

S 2070

Omnibus professional code bill which has provision re criminal conduct related to performance of bail.

Introduced 01FEB10

OK

S 2089

Omnibus profession and occupation codes bill re proper conduct of bail profession.

Introduced 01FEB10

OK

S 2151

Bond exonerated on defendant accepted into a drug court program.

Introduced 01FEB10

SC

H 3798

Raises the alternative cash deposit to 25% of the bail amount (from 10%) but can be made by an “accommodation bondsman”  who also must pay the clerk a fee of 4% of the amount of the bond.

Judiciary 13JAN10

SC

H 4255

For possession of certain controlled substances, bail may not exceed amount of fine.

Referred to Committee 12JAN10

SC

S 1154

Omnibus crime reduction and sentencing bill.

Judiciary 09FEB10

SC

H 4521

Certain persons disqualified for being a surety, e.g. law enforcement, attorneys, etc.

Introduced 04FEB10

SD

S 110

Provides the posting of a bond on parolees under certain circumstances.

Passed Senate. To House Judiciary 03FEB10

TN

H 13

No bail for illegal.

Referred to Budget 24FEB10

TN

H 1363

Citizens Right to Know Bill

Judiciary Committee 23FEB10

TN

S 2654

Bondsman can return defendant to jurisdiction provided bondsman pays expenses.

Introduced 20JAN10

TN

H 2764

Defendant to be brought before court within 72 hours to determine if surrender by bondsman was for good cause.

Assigned to Crm Practice 27JAN10

TN

S 2916

New

Mandates, rather than allows, release of surety’s liability if detained request is refused or principal is released upon filing same.

Introduction 27JAN10

TN

H 3124

Factors to consider when setting bail for stalkers, sexual offenses, etc.

Introduced 28JAN10

TN

H 3138

Mandates, rather than allows, release of surety’s liability if detained request is refused or principal is released upon filing same.

Introduced 28JAN10

TN

H3281

Defendant with prior(s) cannot be released until determined not to be a threat to public safety.

Introduced 28JAN10

TN

H 3460

Authorizes court to determine a need for more bondsmen before allowing appointment of same.

Introduced 28JAN10

TN

H3539

Certificate of compliance with CE requirement extended from 60 to 90 days.

Introduced 28JAN10

TN

S 10

No bail for illegal.

Judiciary Hearing 21APR09

TN

S 1889

Citizens right to Know Act.

Judiciary 18FEB09 Carried over to 2010.

TN

S 2736

Defendant to be brought before court within 72 hours to determine if surrender by bondsman was for good cause.

Introduction 22JAN10

TN

S 2800

Factors to consider when setting bail for stalkers, sexual offenses, etc.

Introduction 25JAN10

TN

H 2801

Bondsman can return defendant to jurisdiction provided bondsman pays expenses

Introduction 21JAN10

TN

S 2821

Certificate of compliance with CE requirement extended from 60 to 90 days.

Introduction 27JAN10

TN

S 3412

Authorizes court to determine a need for more bondsmen before allowing appointment of same.

Introduction 28JAN10

UT

H 27

Within the Department of Public Safety is established a Bail Bond Surety Oversight Board and Bail Bond Recovery Licensure Board to include reps from industry.

Passed Senate and House 08FEB10

UT

H252

Bail bond act amendments. (Place holder bill)

Legislative Research and General Counsel 05FEB10

UT

H 375
New

Certain offenses require GPS/EM for bail or OR.

Introduced 17FEB10

UT

H 426
New

Recovery agents can wear badges and raid jackets.

Introduced 09FEB10

VA

S 83

Modifies bail recovery licensing. Bond ($10,000) required.

House Committee 04FEB10

VA

H 728

No person arrested for a felony who has previously been convicted of a felony, or who is presently on bond for an unrelated arrest in any jurisdiction, or who is on probation or parole, may be released to a pretrial services agency in lieu of posting a secure bond unless he is determined by a court to be indigent.

From Courts of Justice to Appropriations 27JAN10

Public Safety Subc. 2FEB10 Hearing 10FEB10

VA

H 1253

No OR until booking procedures completed.

Courts of Justice 19JAN10

VA

H 1255

Allows bondsmen access to criminal records for a small fee.

Passed House 3FEB10

VT

S 292
New

To reduced number of detainees, probationers, permits bail for a person charged with a probation violation if the person is on probation for a nonviolent misdemeanor or nonviolent felony and the probation violation did not amount to a new crime.

Judiciary 25FEB10

WA

S 716(like H728)

No person arrested for a felony who has previously been convicted of a felony, or who is presently on bond for an unrelated arrest in any jurisdiction, or who is on probation or parole, may be released to a pretrial services agency in lieu of posting a secure bond unless he is determined by a court to be indigent.

Court of Justice Tabled 04FEB10

WA

H 1243

Provides funds ($64,000) for implementation of 2008’s enactment of S 6437 which renews bail licensing procedures.

Introduced 15JAN09(See H 1694)

WA

H 1881

The authority that can grant or deny bail licenses. (..among other kinds of licenses.)

Commerce & Labor Hearing 24MAR09

WA

H 1929

The authority that can grant or deny bail licenses. (..among other kinds of licenses.)

Commerce & labor 03FEB09

WA

H 2625

Bail for felony to be determined by judicial officer and not bail schedule.

Public Safety 11JAN10

WA

H2782

Indigence determination to be made after provision made for bail obligation.

From Human Services to Ways and Means Hearing 06FEB10

WA

H2827

No bail prior to probable cause determination for person charged with domestic violence.

From Public Safety, etc. and Rules 03FEB10

WA

H 3056

Conditions governing pretrial release of defendants.

Public Safety etc.

WA

HJR 4220

Constitutional amendment to disallow bail in serious cases.

From Public Safety & Emergency Preparedness 22JAN10

WA

HJR 4213

Lakewood Law Enforcement Memorial Act.  Exempt persons charged with certain serious offense and a danger to the public from being bailable.

Prefiled 07DEC09

WA

HJR

4214

Lakewood Law Enforcement Memorial Act.  Exempt persons charged with certain serious offense and a danger to the public from being bailable.

Prefiled 07DEC09

WA

HJR 4218

New

Amendment to state constitution that offenses resulting in mandatory life sentences are not bailable. (On ballot for next general election.)

Public Safety & Emergency Preparedness 29JAN10

WA

S 5247

Authorizes agreement for bail bond agencies to execute bench warrants if defendant has two or more outstanding warrants.  Agencies expenses to be charge against the defendant.

Judiciary 19JAN09

WA

S 5407

Provides funds ($64,000) for implementation of 2008’s enactment of S 6437 which renews bail licensing procedures.

Introduced 21JAN09  (See H 1694

WA

S 5698

The authority that can grant or deny bail licenses. (..among other kinds of licenses.)

Passed Senate with substitute. 11MAR09

WA

S 6188

Sets minimum bail bond premium at ten percent.  Does not appear to apply to property writers.  Allows credit or financing of premium.

Judiciary 11JAN10 (first intro’d on 23 APR09)

WA

S 6312

Sets minimum bail bond premium at ten percent

Judiciary 11JAN10

WA

S 6664

A person accused of a felony must appear before a judicial official for individual determination of release conditions.

Judiciary 20JAN10

WA

S 6673

Appoints a TF to study bail practices.

Judiciary 21JAN10

WA

SJR 8218

Amendment to state constitution that offenses resulting in mandatory life sentences are not bailable. (On ballot for next general election.)

Judiciary 11JAN10

WA

S 6779

Conditions governing pretrial release of defendants. For the implementation of HJR 4220/SJR 8224.

Judiciary 27JAN10

WA

SJR 8224

Constitutional amendment to disallow bail in serious cases.

Judiciary 19JAN10

WV

H 4496
New

The purpose of this bill is to prohibit bail bonding companies or bail bond enforcers from providing fiduciary bonds for estates; and providing an exception: unless agent is licensed with DOI as agent of a carrier that provides surety or fiduciary bonds.

Introduced 15FEB10

WV

SJR 12
New

Proposes amendment to the Constitution to divert bond forfeitures from support of free schools to the county commission in which the bond was forfeited.

Judiciary then Finance 19FEB10

WV

S 6787

Restrictions on bail for defendants accused of certain serious crimes.

Judiciary 27JAN10

WV

S 471

Fees for bonds.

Introduced 04FEB10

WV

S 490

Surety bond to be posted for compliance of protective order. No OR, but within financial means of principal.

Introduced 05FEB10

WV

S 218

Early parole bill for non-violent offenders. (Possible vehicle for post conviction bond.)

Judiciary 14JAN10

US

H 4278

Amendment to state constitution that offenses resulting in mandatory life sentences are not bailable. (On ballot for next general election.)

Public Safety & Emergency Preparedness 29JAN10

US

S 714

Sets up National Crime Commission (will role of bail be included?)

Judiciary 23MA
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Feb 18 2010

Bail Business is down. People leaving the industry.

Posted by frankrepetti in Uncategorized

Ask most bail agents about their business these days and you’ll find out some sobering news. They are facing laying off hard working people, many of them family members, as they scramble to cut costs during the great recession. They are unable to pay their bills. They face eviction, foreclosure and possibly bankruptcy. Many long time agents (this one included) have never seen anything like this before. The drop-off in business is staggering. Two publications in California have just run stories about this. The Times Herald and the Imperial Valley Press both tell similar stories.
It boils down to this: Our clients have been hit the hardest by this economic downturn. With their homes underwater, many are unable to collateralize or pay for a bond. I read recently that the unemployment rate for the bottom ten percent of taxpayers is an astonishing 30%.
In Los Angeles County, crime is way down. This blows holes in many social theories linking economic hardship to crime. These are indeed strange times we are living through.
http://www.timesheraldonline.com/opinion/ci_14403712
http://www.ivpressonline.com/articles/2010/02/02/local_news/news02.txt

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Feb 18 2010

Dog the Bounty Hunter show falling apart

Posted by frankrepetti in Bail in the News, Fugitive Tales

Trouble in Paradise. Dog the (Showman) ‘bounty hunter’ faces problems as his two sons abandon him during filming of the show. What sort of family intrigue could rip them apart. Do these boys not know this man is their gravy train??? Read the post to find out more.

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