§ 5750. Third-party sureties.
(a) Responsibilities.--A third-party surety must report a violation of a bail bond condition if the violation is related to any of the following:
(1) A stay away order issued by a magisterial district judge, court of common pleas or other judicial officer.
(2) An order issued by a magisterial district judge, court of common pleas or other judicial officer under 23 Pa.C.S. Ch. 61 (relating to protection from abuse).
(3) An act that constitutes a crime of victim or witness intimidation as provided under 18 Pa.C.S. § 4952 (relating to intimidation of witnesses or victims).
(4) An act which would constitute a misdemeanor or felony under the following:
(i) 18 Pa.C.S. Ch. 25 (relating to criminal homicide).
(ii) 18 Pa.C.S. Ch. 27 (relating to assault).
(iii) 18 Pa.C.S. Ch. 29 (relating to kidnapping).
(iv) 18 Pa.C.S. Ch. 31 (relating to sexual offenses).
(v) 30 Pa.C.S. § 5502.1 (relating to homicide by watercraft while operating under influence).
(vi) The former 75 Pa.C.S. § 3731 (relating to driving under influence of alcohol or controlled substance) in cases involving bodily injury.
(vii) 75 Pa.C.S. § 3732 (relating to homicide by vehicle).
(viii) 75 Pa.C.S. § 3735 (relating to homicide by vehicle while driving under influence).
(ix) 75 Pa.C.S. § 3735.1 (relating to aggravated assault by vehicle while driving under the influence).
(5) A crime eligible for sentencing under section 9714(g) (relating to sentences for second and subsequent offenses).
(b) Reporting.--
(1) A third-party surety must:
(i) report a violation under subsection (a) within 24 hours after receiving notice of the violation, verbally or in writing, to the law enforcement agency in the jurisdiction responsible for the criminal case or where the violation occurred; and
(ii) confirm in writing to the office of the attorney for the Commonwealth responsible for prosecution of the case for which the defendant was admitted to bail within 48 hours of making the initial report to a law enforcement agency.
(2) The written confirmation under paragraph (1)(ii) must include the name of the defendant, the name of the third-party surety, the date of the violation, the date and time the third-party surety learned of the violation, the name of the law enforcement agency receiving the report and the date and time the third-party surety reported the violation to the law enforcement agency.
(3) The requirement under paragraph (1)(ii) may be satisfied by hand delivery, United States mail, facsimile or electronic mail.
(c) Penalty.--
(1) Except as provided under paragraph (4), a third-party surety who fails to comply with subsections (a) and (b) may be subject to a civil penalty if the attorney for the Commonwealth demonstrates that:
(i) the unreported violation of a condition identified under subsection (a) resulted in bodily injury or property damage in excess of $10,000; and
(ii) Either of the following apply:
(A) The terms of the bail condition are known to the third-party surety prior to bodily injury or property damage being sustained and the third-party surety received notice of the violation of the condition with sufficient reasonable time to make the report prior to the bodily injury or property damage being sustained.
(B) The third-party surety's failure to discover and report the violation was due to willful disregard to the safety of a witness, victim or the general public in circumstances related to the conditions under subsection (a).
(2) If a court of common pleas imposes a penalty under paragraph (1), a third-party surety shall be assessed a civil penalty in an amount of not less than $500 nor more than $5,000. The following shall apply:
(i) If the attorney for the Commonwealth is able to demonstrate that the third-party surety is a bail bondsman and the penalty is not paid within 90 days of being imposed, the court shall suspend the authority of the bail bondsman to operate as a bail bondsman in the county for 60 days and shall provide notice of the suspension to the surety insurer associated with the bail bondsman. If the penalty remains unpaid at the conclusion of the suspension, the attorney for the Commonwealth shall commence license revocation procedures under section 5745 (relating to suspension or nonrenewal of license for unpaid bail forfeitures) or 5746 (relating to suspension or revocation of authority to conduct business in a county).
(ii) Any funds received as a civil penalty under this paragraph must be retained and be used by the district attorney to provide victim services.
(3) If the third-party surety is a bail bondsman and has been penalized under paragraph (2) for three or more violations in a two-year period, the attorney for the Commonwealth may commence an action to revoke the bail bondsman's ability to conduct business under section 5745 or 5746.
(4) A civil penalty may not be assessed and a license suspension or revocation may not be imposed against a third-party surety for any of the following:
(i) Failure to report a known violation under subsection (a), if the third-party surety provides evidence that the violation was reported to a law enforcement agency under subsection (b).
(ii) Lack of knowledge of the bail conditions, if the third-party surety provides evidence that the third-party surety attempted to obtain information about the bail conditions which went unanswered or refused or that the bail conditions were altered subsequent to the defendant's release and the third-party surety lacked information about the amended conditions.
(iii) Willful disregard to the safety of a witness, victim or the general public, if:
(A) the third-party surety provides evidence that the third-party surety reviewed the bail conditions with the defendant within 24 hours of release and during instances of contact between the third-party surety and the defendant; and
(B) if the defendant indicated a willingness to commit a violation under subsection (a), the third-party surety reported the risk to the attorney for the Commonwealth or the law enforcement agency, if the attorney for the Commonwealth is unavailable.
(d) Bail forfeiture.--Nothing under this section shall preclude the attorney for the Commonwealth from seeking a bail forfeiture directly from the defendant.
(e) Applicability.--This section shall apply to third-party sureties.
(July 2, 2015, P.L.110, No.16, eff. 120 days)
2015 Amendment. Act 16 added section 5750. See section 12 of Act 16 of 2015 in the appendix to this title for special provisions relating to licensure as insurance producer.
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