This bill prohibits an entity, however organized, from securing the release of a defendant unless specifically authorized under bail laws. An entity, other than the defendant, a member of the defendant's family, the defendant's legal guardian, the defendant's employer, or a professional bondsman, seeking to secure the release of a defendant must be approved with regard to sufficiency of sureties for each bond the entity seeks to secure. However, such an entity is prohibited from posting security for more than three defendants in any calendar year, or for a single defendant more than one time per calendar year. As used above, "family" includes (i) any person related to such person within the third degree of consanguinity or affinity or (ii) any person living in the same household as such person. EQUITY POWERS OF COURT Present law authorizes any criminal court or general sessions court to conduct such hearings and enter such orders, injunctions, restraining orders, prohibitions, or issue any extraordinary process for the purpose of ensuring that any defendant does not use any proceeds directly or indirectly derived from a criminal offense for the purpose of securing an appearance bond or to pay the premium for the bond. Present law authorizes any court to require the defendant or bonding agent to prove in open court the source of such bond or premium before accepting the bond, and the burden of proof is upon the party seeking the approval or acceptance of the bond. This bill revises this provision to expand the persons required to provide such proof from "a defendant or bonding agent" to, instead, "a defendant or proposed surety".

Statutes affected:
Introduced: 39-11-715