. Applicable Statutes.
(AC) TITLE 5 CRIMINAL OFFENSES. SUBTITLE 5, CHAPTER 54. (5-54-120
re failure to appear);
AC TITLE 16,
PRACTICE, PROCEDURE, AND COURT SUBTITLE 6, CHAPTER 84 BAIL
AC TITLE 17
SUBTITLES 2. CHAPTER 19. BAIL BONDSMEN [17-19-101 to 403].
2. State Licensing Requirements.
A. TYPE OF
1) No one can
engage in the bail bond business unless licensed in accord with
1.C. above. [17-19-201]
A licensee is
a professional bail bond company or a professional bail
professional bail bondsmen is an Arkansas(AR) resident who
transacts business through the authority of a professional bail
bond company. [17-19-101(6)] A bondsman must have a valid
appointment from the company and a numbered power of attorney.
professional bail bond company is a resident of an Arkansas
firm, partnership, corporation, or foreign corporation
authorized to conduct business in Arkansas. [17-19-101(7)]
An insurer is
any company qualified to transact surety business in Arkansas
[17-19-101(3)]. To write bail bonds, the insurer must be
licensed as a professional bail bond company [17-19-201(6)].
employees of a professional bail bond company who are employed
for clerical, investigation, or administrative duties need to
not be licensed. [17-19-201(e)]
1) Both the
application for professional bail bondsmen or professional bail
bond company application must be on forms provided by the Board.
bondsman’s application shall be accompanied with a power of
attorney from the company for whom the bondsman will act.
company’s license application must be accompanied by proof that it
is an Arkansas corporation or if a foreign corporation, that is
registered to do business in Arkansas. Proof of its most recent
payment of the annual franchise tax is also required
4) A company
license fee is $1,000 [17-19-202(d)(1)].
bondsman’s license fee is $100 [17-19-202(d)(2)].
bondsman applicant shall provide three character references,
fingerprints, background check as required to show good character
and a trustworthy business reputation, no felony or moral
turpitude convictions [17-19-203].
bondsman applicant must take and pass a written examination at a
time and place determined by the Board and pay a non-refundable
fee of $25 for an examination permit valid for 90 days.
annually of 8 hours of education in pertinent subjects
[17-19-212] [17-19-404] except for bondsman 65 years or older
licensed for 15 years or more [17-19-107].
7) A company
applicant shall file with the Board an irrevocable letter of
credit from an Arkansas chartered bank or a federally chartered
bank in Arkansas. The minimum amount for company licensed before
July 1, 1989 shall be $25,000, After July 7, 1989, the amount
shall be $100,000. [17-29-205]
8) A license
expires on December 31 following the date of issuance. It is
renewed by filing a renewal application.
body is the Arkansas Professional Bail Bond Company and
Professional Bail Bondsman Licensing Board comprised of seven
members approved by the governor for seven-year term. [17-19-106]
3. Notice of Forfeiture [16-84-201].
If a defendant
fails to appear, the court may direct an order for the surety to
appear at a date not less than 90 days nor more than 120 days of
issuance to show cause why the bond should not be forfeited.
1) The 120-day
period begins from the date the notice is sent by certified mail
to the surety at the address on the bond. [16-84-201(a)(1)(B)]
After 120 days,
the defendant has not been surrendered or arrested, prior to
judgment against the surety, the bond may be forfeited.
4. Allotted Time between Notice of Forfeiture and payment due date.
The time period
between the cessation of the 120-day period and the entry of
judgment against the surety appears to be at the discretion of the
court. The time period between the final judgment and payment also
appears to be at the discretion of the Court.
5. Forfeiture Defenses.
defendant is returned or good cause shown for his failure to
appear before judgment is entered against the surety, the court
shall exonerate a reasonable amount of the surety’s liability.
If the surety
apprehends the defendant or he is apprehended within 120 days of
written notice, no judgment against the surety may be entered
[16-84-201(c)(2)] with the exception of expenses for return of
defendant not to exceed the face value of the bond. [16-84-201
receive financial credit for expenses incurred to locate
shall be rendered if
1) Principal is
physically or mentally disabled, is detained in jail or prison, or
by federal authority beyond state or surety control.
There does not appear to be a specified period of remission
wherein if the defendant is returned after final judgment the
surety is exonerated either in whole or in part.
7. Bail Agent Arrest Authority.
before the forfeiture of the bond, the surety can surrender the
defendant to the jailer in the county where the offense was
committed. [16-84-114(a)(1)] The surrender must be accompanied by
a certified copy of the bail bond, [16-84-114(a)(2)] upon which
the surety is exonerated [16-84-114(a)(3)].
8. Other Noteworthy Provisions.
shall charge and collect from the defendant a non-refundable fee
an additional $10.00 per bail bond which shall be collected
quarterly and filed with the Insurance Commissioner no later than
15 days after the end of the quarter [17-19-111(b)(1) and (2)].
9. Noteworthy State Appellate Decisions. (To be added.)
10. Bounty Hunter Provisions.
represent himself as a bounty hunter or bail recovery agent in
Arkansas. Only a licensed private investigator, a person under his
direction supervision, a licensed bondsman from the state where the
bond was issued, and sworn peace officers can arrest bail fugitives.
Such persons must be at least 21 years of age and have no felony
record. Bondsman must notify local law enforcement of his presence,
the name and charges and suspected location of the defendant.
Violation is a felony. [16-84-114]