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DISTRICT OF COLUMBIA
Applicable
Statutes.
DISTRICT OF COLUMBIA
CODE 1981 PART IV. CRIMINAL LAW AND PROCEDURE AND PRISONERS. TITLE 23.
CRIMINAL PROCEDURE.CHAPTER 11. Professional Bondsmen.
MICHIE'S DISTRICT OF
COLUMBIA COURT RULES ANNOTATED SUPERIOR COURT RULES OF CRIMINAL PROCEDURE
XI. MISCELLANEOUS PROVISIONS.Rule 116. Bonds and sureties.
Licensing Requirements
for Agents.
*** The District of
Columbia’s statutes do not appear to clearly outline the powers of
professional bondsmen in regard to recovering bail. The statutes define a
"bondsman" as anyone engaged in the bonding business, including agents.
Therefore, some of the more pertinent qualifications – in regard to
individuals and for licensing purposes – for sureities are given below,
since both sureties and bondsmen appear to be able to carry out activities
associated with the bonding business.
DISTRICT OF COLUMBIA
CODE 1981 PART IV. CRIMINAL LAW AND PROCEDURE AND PRISONERS. TITLE 23.
CRIMINAL PROCEDURE. CHAPTER 11. Professional Bondsmen.§ 23-1101
Definitions.
The term "bondsman"
means any person or corporation engaged in the bonding business either as
a principal or as an agent, clerk, or representative of another engaged in
such business.
§ 23-1108
Qualifications of bondsmen; rules to be prescribed by courts; list of
agents to be furnished; renewal of authority to act; detailed records to
be kept; penalties and disqualifications.
Duty of the United
States District Court for the District of Columbia and the Superior Court
of the District of Columbia, to provide, the qualifications of persons and
corporations applying for authority to engage in the bonding business in
criminal cases in the District of Columbia, and the terms and conditions
upon which the business shall be carried on, and no person or corporation
shall, either as principal, or as agent, or representative of another,
engage in the bonding business in either court until he shall, by order of
the court, be authorized to do so.
The courts shall take
into consideration both the financial responsibility and the moral
qualities of the person so applying, and no person shall be permitted to
engage, either as principal or agent, in the bonding business, who has
ever been convicted of an offense involving moral turpitude, or who is not
known to be a person of good moral character.
Every person qualifying
to engage in the bonding business as principal is required to file with
the court a list showing the name, age, and residence of each person
employed by the bondsman as agent, clerk, or representative in the bonding
business, and an affidavit from each of these persons stating that he will
abide by the terms and provisions of this chapter.
Each of the
courts shall require the authority of each of those persons to be
renewed from time to time at such periods as the court may by rule
provide, and before the authority shall be renewed the court shall
require from each of those persons an affidavit that since his previous
qualification to engage in the bonding business he has abided by the
provisions of this chapter, and any person swearing falsely in any of
the affidavits shall be guilty of perjury.
Whoever violates
any rule or regulation prescribed under this subsection shall be fined not
more than $500 or imprisoned not more than six months, or both, and if he
is a bondsman shall be disqualified from thereafter engaging in any manner
in the bonding business for such period of time as the trial judge shall
order.
MICHIE'S DISTRICT
OF COLUMBIA COURT RULES ANNOTATED SUPERIOR COURT RULES OF CRIMINAL
PROCEDURE XI. MISCELLANEOUS PROVISIONS. Rule 116. Bonds and sureties.
Except by Court order
no person shall be authorized to engage in the bonding business in
criminal cases in this Court. No order of authorization shall be entered
until such application and such supporting documents as are hereinafter
required shall have been filed and the approval by this Court shall have
been noted thereon.
Contents of
application. Every individual proposing to engage in the bonding business
in criminal cases in this Court shall file with the Court a written
application which shall set forth the following information and statements
under oath:
(i) A detailed
listing of real estate owned by the applicant in the District of
Columbia, including: the address, lot, value, date of title, purchase
price, the liber and folio of the land records; that the property is not
encumbered; improvements; the nature and extent of a spouse's title or
interest;
(ii) The amount
of the applicant's unsecured indebtedness and obligations;
(iii) Whether the
applicant is, or has been, in default in the payment of forfeited bail
bond or recognizance in any court in the District of Columbia, the
amount of bail bond or recognizance on any default recited, the date of
forfeiture, the court, title and number of the cause in which such
forfeiture was declared;
(iv) Whether the
applicant has ever been arrested, charged or convicted of any offense;
(v) Proof of
applicant's good moral character, attested by the statements of at least
2 residents of the District of Columbia not related to the applicant,
and who shall so certify;
(vi) A
declaration by the applicant that the applicant will in all respects
abide by the terms and provisions of these Rules and Chapter 11 of Title
23 of the D.C. Code;
(vii) A listing
of the name, age and residence of each and every person authorized to
represent the applicant as agent, clerk or representative in the bonding
business, accompanied by an affidavit from each person listed, declaring
that the person will in all respects abide by the terms and provisions
of these Rules and Chapter 11 of said Title 23;
(viii) Each
person holding a power of attorney from an authorized individual surety
shall file a duplicate original copy thereof with the Clerk of this
Court;
(ix) The
application shall also recite a declaration to which the applicant shall
fully agree and subscribe in which he or she commits not to sell,
convey, or mortgage any listed real estate without obtaining leave of
the court.
Applications shall be
filed on or before the 10th day of January of each 2nd year thereafter, or
oftener if required by the Court, by each individual surety desiring to
continue in said business, which application must receive the approval of
the Court before the surety shall be entitled to continue to appear as
surety on bonds or recognizances in this Court.
With each application
for renewal there shall also be filed an affidavit to the effect that
since the surety's previous qualifications the surety has in all respects
abided by the terms and provisions of these Rules and Chapter 11 of said
Title 23, together with a certificate of the Clerk of this Court wherein
it is stated that the Clerk has examined the records of the applicant and
found them to be in good order as to form.
The original
application of every individual proposing to engage in the bonding
business, and every application for renewal of authority to continue
herein, shall state the aggregate amount of bonds or recognizance in any
court of the District of Columbia upon which such person is surety.
Fingerprinting. The
applicant shall submit to the taking of the applicant's fingerprints by
the Clerk of this Court, as shall each person authorized to represent the
applicant as agent, clerk or representative in the bonding business. On
all renewals, the Clerk of the Court, with the approval of the Chief
Judge, may waive the requirement for refingerprinting.
(For further
information on authorization of sureites, see the entire section listed
above).
Notice of
Forfeiture
MICHIE'S DISTRICT
OF COLUMBIA COURT RULES ANNOTATED SUPERIOR COURT RULES OF CRIMINAL
PROCEDURE XI. MISCELLANEOUS PROVISIONS. Rule 116. Bonds and sureties.
h) Forfeiture of bail.
(1) Declaration. If
there is a breach of condition of a bond, the Court shall declare a
forfeiture of the bail.
When a forfeiture
has not been set aside, the Court shall on motion enter a judgment of
default and execution may issue thereon. By entering into a bond the
obligors submit to the jurisdiction of the Court and irrevocably appoint
the Clerk of the Court as their agent upon whom any papers affecting their
liability may be served. Their liability may be enforced on motion without
the necessity of an independent action. The motion and such notice of the
motion as the Court prescribes may be served on the Clerk of the Court,
who shall forthwith mail copies to the obligors at their last known
addresses.
Court decisions
American Bankers
Ins. Co. v. United States, App. D.C., 596 A.2d 598 (1991). Bonding
company that had constructive notice of defendant's failure to appear at
status hearing or trial, was not denied due process where appearance bond
was forfeited, and superior court delayed for nearly 13 months its
notifying bonding company of forfeiture.
Allotted Time
between Forfeiture Declaration and Payment Due Date.
(No additional
provisions appear to be given in the statutes in regard to timetables for
payment of forfeitures other than those listed above).
Forfeiture
Defenses.
MICHIE'S DISTRICT
OF COLUMBIA COURT RULES ANNOTATED SUPERIOR COURT RULES OF CRIMINAL
PROCEDURE XI. MISCELLANEOUS PROVISIONS.
Rule 116. Bonds and
sureties.
The Court may direct
that a forfeiture be set aside, upon such conditions as the Court may
impose, if it appears that justice does not require the enforcement of the
forfeiture.
No forfeiture may be
set aside in the case of a defendant who has failed to appear except upon
the approval of the judge who originally imposed the forfeiture.
When the condition
of the bond has been satisfied or the forfeiture thereof has been set
aside or permitted the Court shall exonerate the obligors and release any
bail. A surety may be exonerated by a deposit of cash in the amount of the
bond or by a timely surrender of the defendant into custody.
Court decisions
Indiana
Lumbermen's Mut. Ins. Co. v. United States, App. D.C., 640 A.2d 1036
(1994).
Analysis factors
in weighing set aside. -- In exercising its discretion in deciding
whether to set aside a bond forfeiture, the trial court is to weigh a
number of factors, including, but not limited to: the willfulness of the
defendant's breach of bond conditions, the participation of the bondsman
in rearresting the defendant, and the prejudice suffered by the
government by the breach of the bond conditions.
Effect of
surety's failure to fulfill duties. -- A surety which has failed to
carry out its responsibilities has little, if any, basis for requesting
the exercise of the court's discretion in its favor.
Remission.
MICHIE'S DISTRICT
OF COLUMBIA COURT RULES ANNOTATED SUPERIOR COURT RULES OF CRIMINAL
PROCEDURE XI. MISCELLANEOUS PROVISIONS. Rule 116. Bonds and sureties.
After entry of such
judgment, the Court may remit it in whole or in part under the conditions
applying to the setting aside of forfeiture in subparagraph (2) of this
section.
Court decisions
Allegheny Mut.
Cas. Co. v. United States, App. D.C., 622 A.2d 1099 (1993). Setting
aside of bond forfeiture is within trial court's discretion. -- Whether
the trial court should set aside a forfeiture of a surety bond is within
the court's sound discretion, and the trial court's decision will be
reversed only upon a showing of abuse of discretion.
Bail Agent’s Arrest
Authority.
(The statutes do
not appear to provide any explicit arrest authority for bail agents.
However, the power to arrest seems to be implied given the function of
bail bonding business as described in the statutes. Common law tradition
is also almost certain to provide this authority).
Other Noteworthy
Provisions.
DISTRICT OF
COLUMBIA CODE 1981 PART IV. CRIMINAL LAW AND PROCEDURE AND PRISONERS.
TITLE 23. CRIMINAL PROCEDURE. CHAPTER 11. Professional Bondsmen.§ 23-1103
Procuring business through official or attorney for a consideration
prohibited.
It shall be unlawful
for any bondsman, either directly or indirectly, to give, donate, lend,
contribute, or to promise to give, donate, lend, or contribute any money,
property, entertainment, or other thing of value whatsoever to any
attorney at law, police officer, deputy United States marshal, jailer,
probation officer, clerk, or other attache of a criminal court, or public
official of any character, for procuring or assisting in procuring any
person to employ the bondsman to execute as surety any bond for
compensation in any criminal case in the District of Columbia.
It shall be unlawful
for any attorney at law, police officer, deputy United States marshal,
jailer, probation officer, clerk, bailiff, or other attache of a criminal
court, or public official of any character, to accept or receive from a
bondsman any money, property, entertainment, or other thing of value
whatsoever for procuring or assisting in procuring a person to employ a
bondsman to execute as surety any bond for compensation in a criminal case
in the District of Columbia.
§ 23-1104 Attorneys
procuring employment through official or bondsman for a consideration
prohibited.
It shall be
unlawful for any attorney at law, either directly or indirectly, to give,
loan, donate, contribute, or to promise to give, loan, donate, or
contribute any money, property, entertainment, or other thing of value
whatsoever to, or to split or divide any fee or commission with, any
bondsman, police officer, deputy United States marshal, probation officer,
bailiff, clerk, or other attache of any criminal court for causing or
procuring or assisting in causing or procuring a person to employ the
attorney to represent him in a criminal case in the District of Columbia.
§ 23-1105 Receiving
other than regular fee for bonding prohibited; bondsmen prohibited from
endeavoring to secure dismissal or settlement.
It shall be lawful
to charge for executing a bond in a criminal case in the District of
Columbia, but it shall be unlawful for a bondsman, either directly or
indirectly, to charge, accept, or receive a sum of money, or other thing
of value, other than the regular fee for bonding, from a person for whom
he has executed bond, for any other service whatever performed in
connection with any indictment, information, or charge upon which the
person is bailed or held in the District of Columbia. It also shall be
unlawful for any bondsman to settle, or attempt to settle, or to procure
or attempt to procure the dismissal of any indictment, information, or
charge against any person in custody or held upon bond in the District of
Columbia, with a court, or with the prosecuting attorney in a court in the
District of Columbia.
§ 23-1107 Bondsmen
prohibited from entering place of detention unless requested by prisoner;
record of visit to be kept.
It shall be
unlawful for a bondsman to enter a police precinct, jail, prisoner's dock,
house of detention, or other place where persons in the custody of the law
are detained in the District of Columbia for the purpose of obtaining
employment as a bondsman, without having been previously called by a
person detained or by some relative or other authorized person acting for
or on behalf of the person detained. Whenever a bondsman enters a police
precinct, jail, prisoner's dock, house of detention, or other place where
persons in the custody of the law are detained in the District of
Columbia, he shall forthwith give to the person in charge thereof his
mission there and the name of the person calling him and requesting him to
come to such place. That information shall be recorded by the person in
charge of the place of detention and preserved as a public record, and the
failure of the bondsman to give that information, or the failure of the
person in charge of the place of detention to make and preserve a record
of that information, shall constitute a violation of this chapter.
§ 23-1109 Giving
advance information of proposed raid.
It shall not
be unlawful for any police or other peace officer, in conducting any raid
or in executing any search warrant or warrant of arrest, to communicate to
any person engaged in the bonding business, any fact necessary to enable
the officer to obtain information necessary to carry out the raid or
execute the process.
Noteworthy State
Appellate Decisions.
Indiana Lumbermen’s
Mut. Ins. Co. v. U.S.
640 A.2d 1036
D.C.
Apr 25, 1994
Surety filed motion
to set aside forfeiture of personal appearance bond. The Superior Court of
the District of Columbia, Robert I. Richter, J., denied motion, and surety
appealed. The Court of Appeals, Sullivan, J., held that: (1) trial court
did not abuse its discretion in denying surety's motion without an
evidentiary hearing, and (2) trial court did not abuse its discretion in
denying motion to vacate forfeiture.
Affirmed.
Trial court was not
required to conduct hearing on motion to set aside forfeiture of personal
appearance bond, where defendant's attorney made no attempt to explain or
justify his client's absence, record did not show that surety ever
appeared before trial court prior to defendant's apprehension with
explanation of mitigating circumstances, and surety did not demonstrate
that despite its most diligent efforts to locate defendant, it could not
do so before date of scheduled status hearing. Criminal Rule 116(h).
Allegheny Mut. Cas.
Co. v. U.S.
622 A.2d 1099
D.C.
Jan 29, 1993
Bail bondsman
appealed from order of the Superior Court, Colleen Kollar- Kotelly, Trial
Judge, denying motion to set aside bond forfeiture after nonappearance of
defendant at sentencing. The Court of Appeals, Sullivan, J., held that
trial court erred in not granting evidentiary hearing on motion because it
was not in possession of all facts necessary to make proper determination.
Reversed and remanded.
American Bankers
Ins. Co. v. U.S.
596 A.2d 598
D.C.
Sep 13, 1991
Bonding company
brought motion to set aside and vacate forfeiture of appearance bond. The
Superior Court, Evelyn E.C. Queen, J., denied motion. Bonding company
appealed. The Court of Appeals, Belson, Senior Judge, held that: (1)
bonding company had constructive notice that defendant did not appear at
status hearing or at trial and that, consequently, appearance bond was
forfeited, and therefore, court's delay in notifying company of forfeiture
for nearly 13 months did not violate due process, and (2) bonding company
agent had apparent authority to execute appearance bond, and therefore
bonding company was liable on forfeited bond.
Affirmed.
United States v. Nell
515 F.2d 1351
D.C. Cir. 1975
Hearing on motion
to set aside bond forfeiture. -- Given a proffer of data regarding
asserted departures from the customary practice by the bail agency and the
clerk's office, a bondsman's assistance in apprehending the defendant and
the delay or prejudice suffered by the government by the breach, it was
error for the trial judge not to have held an evidentiary hearing on
motion of bondsman to set aside bond forfeiture.
Akins v. United States
679 A.2d 1017
App. D.C., (1996).
Bail bondsmen are
not subject to the Fourth Amendment. -- Bail bondsmen are not subject to
the Fourth Amendment as it regards the seizure of persons or personal
effects.
Bounty Hunter
Provisions.
At this time, there
appear to be no specific regulations for "Bounty Hunters" in the District of
Columbia statutes.
