Present law requires a person utilizing the services of a professional bail bondsman or bonding agent to receive a copy of the following notice with the person's bail bond. The notice must state that the premium fee for a bond should not be more than 10% of the face amount of the bond. For example, if the bond is $2,500, the premium on the bond should not be more than $250. This bill prohibits the premium fee for the bond from being less than 5% of the face amount of the bond. For example, if the bond is $2,500, the premium on the bond should not be less than $125 or more than $250. Present law prohibits professional bondsmen and agents of insurance companies making appearance bonds of a criminal nature from assessing more than 10% of the amount of the face value of the bond for premium fee and related charges, and the premium fee and related charge or charges must not be assessed but one time during the first 12 months of the pendency of the charge or charges and indictment or indictments in either the trial court or any lower court. This bill prohibits such persons from assessing less than 5% of the amount of the face value of the bond. Present law provides that if a professional bondsman, or agent of an insurance company, is making a criminal appearance bond for a defendant who is not a resident of this state, the bondsman or agent may assess up to 15% of the amount of the face value of the bond for premium fee and related charges but only one time during the first 12 months of the bond. This bill prohibits such persons from assessing less than 5% of the amount of the face value of the bond for residents outside of this state. ON APRIL 14, 2025, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 464, AS AMENDED. AMENDMENT #1 rewrites the bill to, instead, make the following revisions to present law:  Revises the provision generally prohibiting professional bondsmen and agents of insurance companies making appearance bonds of a criminal nature from assessing more than 10% of the amount of the face value of the bond for a premium fee and related charges to, instead, require such persons to assess 10% of the amount of the face value of the bond for such fee and charges.  Revises the provision authorizing a professional bondsman, or agent of an insurance company, who is making a criminal appearance bond for a defendant who is not a resident of this state, to assess up to 15% of the amount of the face value of the bond for a premium fee and related charges to, instead, authorize no less than 10% and no more than 15% of the amount of the face value of the bond for such fee and charges.  Adds as another requirement for a professional bondsman or an agent of an insurance company making appearance bonds of a criminal nature to agree to accept the premiums and initiation fees in equal installments, that the professional bondsman collects no less than 50% of the premium due at the time the bond is signed.  Revises the notice that a person receives along with the person's bail bond from a professional bail bondsman or bonding agent to reflect the changes made in this amendment.

Statutes affected:
Introduced: 40-11-151, 40-11-316(a), 40-11-316, 40-11-316(c)