Bill Text: MS SB2308 | 2017 | Regular Session | Introduced

Mississippi Senate Bill 2308 (Prior Session Legislation)

Introduced

Bill Title: Professional bail agent; premium, commission or fee shall be earned when bail bond is posted.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2017-01-31 - Died In Committee [SB2308 Detail]

Download: Mississippi-2017-SB2308-Introduced.html

MISSISSIPPI LEGISLATURE

2017 Regular Session

To: Judiciary, Division A

By: Senator(s) Carmichael

Senate Bill 2308

AN ACT TO AMEND SECTION 83-39-25, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE PREMIUM, COMMISSION OR FEE CHARGED BY A PROFESSIONAL BAIL AGENT SHALL BE EARNED WHEN THE BAIL BOND IS POSTED AND THE DEFENDANT IS RELEASED ON THAT BAIL BOND; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 83-39-25, Mississippi Code of 1972, is amended as follows:

83-39-25. (1) A professional bail agent or his agent shall charge and collect for his premium, commission, or fee an amount of ten percent (10%) of the amount of bail per bond posted by him, or One Hundred Dollars ($100.00), whichever is greater, except on a bond on a defendant who is charged with a capital offense, or on a defendant who resides outside the State of Mississippi, in which case the premium, commission or fee shall be fifteen percent (15%) of the amount of bail, per bond posted by him, or One Hundred Dollars ($100.00), whichever is greater.

(2) The premium, commission or fee shall be earned when the bail bond is posted and the defendant is released on that bail bond.

( * * *23) A professional bail agent or his agent shall also charge an additional Fifty Dollars ($50.00) processing fee on each bond issued by him.

( * * *34) Nothing herein shall prohibit a professional bail agent or his agent from holding collateral or taking a security interest in collateral for the purpose of insuring the payment of the premium of the bond posted or indemnifying the professional bail agent for losses incurred due to a forfeiture of a bond or the costs of apprehension and surrender of the principal.

( * * *45) Any fee charged by a professional bail agent or his agent for court-approved electronic monitoring or drug testing shall not be considered part of the premium, commission or fee charged under this section.

SECTION 2. This act shall take effect and be in force from and after July 1, 2017.