Prohibited acts; persons who may not be bail agents, bail enforcement agents or bail solicitors.
1. A bail agent, general agent or bail solicitor shall not:
(a) Suggest or advise the employment of or name for employment any particular attorney to represent his principal.
(b) Solicit business in or about any place where prisoners are confined or in or about any court.
(c) Pay a fee or rebate or give or promise anything of value to any person in order to secure a settlement, compromise, remission or reduction of the amount of any undertaking or bail bond.
(d) Pay a fee or rebate or give anything of value to an attorney in bail bond matters, except for legal services actually rendered.
(e) Pay a fee or rebate or give or promise anything of value to the principal or anyone in his behalf.
(f) Participate in the capacity of an attorney at a trial or hearing of a person on whose bond he is surety, except for the purposes of surrendering the defendant, making motions to set aside orders of bail forfeitures and motions to exonerate bails and protecting his financial interest in such a bond.
2. The following persons may not be bail agents, bail enforcement agents or bail solicitors and shall not, directly or indirectly, receive any benefits from the execution of any bail bond:
(a) Jailers;
(b) Police officers;
(c) Justices of the peace;
(d) Municipal judges;
(e) Sheriffs, deputy sheriffs and constables;
(f) Any person having the power to arrest or having anything to do with the control of federal, state, county or municipal prisoners; and
(g) Trustees or prisoners incarcerated in any jail, prison or any other place used for the incarceration of persons.
3. A bail agent shall not sign or countersign in blank any bond, or give the power of attorney to, or otherwise authorize, anyone to countersign his name to bonds unless the person so authorized is a licensed agent directly employed by the agent giving the power of attorney.
4. A bail agent, bail enforcement agent, bail solicitor or general agent shall not advertise or hold himself out to be a surety insurance company.
Last modified: February 27, 2006