California Bail: Required Disclosures
The following California Bail regulations and laws are taken from Title 10, Article 2 of the California Code of Regulations, the California Insurance Code (sections relevant to the undertaking of bail) and Penal Code (as related to bail) regarding required disclosures. Tonya Page Bail Bonds is not responsible for omissions or errors, for further clarification, please visit my online privacy policy statement.
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Additional statements |
Title 10 |
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Bail license; capacity and conduct |
Title 10 |
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Capacity; bail licensees |
Title 10 |
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Capacity; misrepresenting |
Title 10 |
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Card; identification |
Title 10 |
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Delivery; guarantor agreements; notices |
Title 10 |
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Disclosure |
Insurance |
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Disclosure for bail bond secured by real property lien |
Penal |
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Disclosure; financial records |
Insurance |
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Disclosure; license numbers |
Insurance |
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Document to arrestee or representative |
Title 10 |
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License numbers; disclosure |
Insurance |
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License; display |
Insurance |
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Necessary notices and filings |
Title 10 |
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Notices; filings; necessary |
Title 10 |
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Real property securing bail bond; disclosure |
Penal |
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Security on bond; real property lien; disclosure |
Penal |
Additional statements
Title 10 2083.1 (2083 provided for clarity)
2083. Written Statements of Bail Transactions; Contents; Delivery
Every bail licensee shall, at the time of obtaining the release of an arrestee on bail or
immediately thereafter, deliver to such arrestee or, if the negotiations concerning the
bail were not with the arrestee, to the principal person with whom such negotiations
were had, a numbered document containing the following information:
(a) If an undertaking of bail, the name of the surety insurer.
(b) The name and address of the bail licensee
(c) The name of the arrestee.
(d) The date of release of the arrestee.
(e) The date, time and place of the arrestee’s required appearance.
(f) The amount of bail.
(g) The offenses with which the arrestee is charged.
(h) The premium if an undertaking of bail, or the charge if a bail bond.
(I) An itemization of all actual expenses described in Section 2081 (c) and
(d), supported by vouchers and receipts, or true copies thereof.
(j) The total amount of all charges.
(k) The amount received on account.
(l) The unpaid balance, if any.
(m) A description of and receipt for any collateral received and a statement
of any conditions relating thereto including a copy of any written agreement
executed in connection therewith.
2083.1. Same; Additional Statements
If, after the release of an arrestee, additional expenses are incurred or charges made,
the bail licensee shall immediately deliver to the person specified in Section 2083 an
additional numbered document containing the information, required by Section 2083
(h), (i), (j), (k) and (l).
Bail license; capacity and conduct
Title 10 2064
See also Bail License Types
2064. Bail Licensees; Capacity and Conduct
Every bail licensee shall conduct his business in such a manner that the public and
those dealing with him shall be aware of the capacity in which he is acting, and if he
transacts bail both as an employee and as an individual or in any other dual capacity,
each such transaction shall be so conducted that the public and those dealing with him
shall not be confused as to the capacity in which he acts.
Capacity; misrepresenting
Title 10 2067
See also Bail License Types & Unlawful or Prohibited
2067. Misrepresenting Capacity, Authority
No bail licensee shall directly or indirectly represent that he is a fidelity or surety insurer
or that he has the authority or powers of a bail permittee, bail agent or bail solicitor
unless he is licensed as such nor shall he misrepresent his authority or power to act on
behalf of a surety insurer; nor shall he advertise his bail business in the yellow pages of
the telephone directory under “Surety” or “Fidelity.”
Card; identification
Title 10 2077.1
See also Business Operations
2077.1. Identification Card
Every bail licensee shall keep in his possession an identification card issued to him by
the commissioner and shall, upon request, show it to any person with whom he
transacts bail. He shall not permit any person other than himself to use his identification
card for any purpose. The identification card shall be returned to the commissioner
immediately upon the termination of all of the holder’s bail licenses.
Delivery; guarantor agreements; notices
Title 10 2084
See also Forms & Documents
2084. Guarantor Agreements; Delivery; Notices
All guarantor agreements shall be in writing, or reduced to writing as soon as possible
after consummation. If any person acts as a guarantor, a copy of the guarantor’s
agreement shall be delivered to him promptly upon his execution thereof. No bail
licensee shall enforce any such agreement without disclosing to the guarantor all
collateral held by such licensee indemnifying the bond to which the agreement relates,
and the identity of all other guarantors thereof, if any.
Disclosure
Insurance 791.13
791.13. An insurance institution, agent, or insurance-support organization shall not disclose any personal or privileged information about an individual collected or received in connection with an insurance transaction unless the disclosure is: (a) With the written authorization of the individual, and meets either of the conditions specified in paragraph (1) or (2): (1) If such authorization is submitted by another insurance institution, agent, or insurance-support organization, the authorization meets the requirement of Section 791.06. (2) If such authorization is submitted by a person other than an insurance institution, agent, or insurance-support organization, the authorization is: (A) Dated. (B) Signed by the individual. (C) Obtained one year or less prior to the date a disclosure is sought pursuant to this section. (b) To a person other than an insurance institution, agent, or insurance-support organization, provided such disclosure is reasonably necessary: (1) To enable such person to perform a business, professional or insurance function for the disclosing insurance institution, agent, or insurance-support organization or insured and such person agrees not to disclose the information further without the individual’s written authorization unless the further disclosure: (A) Would otherwise be permitted by this section if made by an insurance institution, agent, or insurance-support organization; or (B) Is reasonably necessary for such person to perform its function for the disclosing insurance institution, agent, or insurance-support organization. (2) To enable such person to provide information to the disclosing insurance institution, agent or insurance-support organization for the purpose of: (A) Determining an individual’s eligibility for an insurance benefit or payment; or (B) Detecting or preventing criminal activity, fraud, material misrepresentation or material nondisclosure in connection with an insurance transaction. (c) To an insurance institution, agent, insurance-support organization or self-insurer, provided the information disclosed is limited to that which is reasonably necessary under either paragraph (1) or (2): (1) To detect or prevent criminal activity, fraud, material misrepresentation or material nondisclosure in connection with insurance transactions; or (2) For either the disclosing or receiving insurance institution, agent or insurance-support organization to perform its function in connection with an insurance transaction involving the individual. (d) To a medical-care institution or medical professional for the purpose of any of the following: (1) Verifying insurance coverage or benefits. (2) Informing an individual of a medical problem of which the individual may not be aware. (3) Conducting operations or services audit, provided only such information is disclosed as is reasonably necessary to accomplish the foregoing purposes. (e) To an insurance regulatory authority; or (f) To a law enforcement or other governmental authority pursuant to law. (g) Otherwise permitted or required by law. (h) In response to a facially valid administrative or judicial order, including a search warrant or subpoena. (i) Made for the purpose of conducting actuarial or research studies, provided: (1) No individual may be identified in any actuarial or research report. (2) Materials allowing the individual to be identified are returned or destroyed as soon as they are no longer needed. (3) The actuarial or research organization agrees not to disclose the information unless the disclosure would otherwise be permitted by this section if made by an insurance institution, agent or insurance-support organization. (j) To a party or a representative of a party to a proposed or consummated sale, transfer, merger or consolidation of all or part of the business of the insurance institution, agent or insurance-support organization, provided: (1) Prior to the consummation of the sale, transfer, merger, or consolidation only such information is disclosed as is reasonably necessary to enable the recipient to make business decisions about the purchase, transfer, merger, or consolidation. (2) The recipient agrees not to disclose the information unless the disclosure would otherwise be permitted by this section if made by an insurance institution, agent or insurance-support organization. (k) To a person whose only use of such information will be in connection with the marketing of a product or service, provided: (1) No medical-record information, privileged information, or personal information relating to an individual’s character, personal habits, mode of living, or general reputation is disclosed, and no classification derived from such information is disclosed; or (2) The individual has been given an opportunity to indicate that he or she does not want personal information disclosed for marketing purposes and has given no indication that he or she does not want the information disclosed; and (3) The person receiving such information agrees not to use it except in connection with the marketing of a product or service. (l) To an affiliate whose only use of the information will be in connection with an audit of the insurance institution or agent or the marketing of an insurance product or service, provided the affiliate agrees not to disclose the information for any other purpose or to unaffiliated persons. (m) By a consumer reporting agency, provided the disclosure is to a person other than an insurance institution or agent. (n) To a group policyholder for the purpose of reporting claims experience or conducting an audit of the insurance institution’s or agent’s operations or services, provided the information disclosed is reasonably necessary for the group policyholder to conduct the review or audit. (o) To a professional peer review organization for the purpose of reviewing the service or conduct of a medical-care institution or medical professional. (p) To a governmental authority for the purpose of determining the individual’s eligibility for health benefits for which the governmental authority may be liable. (q) To a certificate holder or policyholder for the purpose of providing information regarding the status of an insurance transaction. (r) To a lienholder, mortgagee, assignee, lessor, or other person shown on the records of an insurance institution or agent as having a legal or beneficial interest in a policy of insurance. The information disclosed shall be limited to that which is reasonably necessary to permit the person to protect his or her interest in the policy and shall be consistent with Article 5.5 (commencing with Section 770). (s) To an insured when the information disclosed is from an accident report, supplemental report, investigative report or the actual report from a government agency or is a copy of an accident report or other report which the insured is entitled to obtain under Section 20012 of the Vehicle Code or subdivision (f) of Section 6254 of the Government Code.
Disclosure for bail bond secured by real property lien
Penal 1276.5
1276.5. (a) At the time of an initial application to a bail bond licensee for a bail bond which is to be secured by a lien against real property, the bail bond licensee shall provide the property owner with a written disclosure statement in the following form: “DISCLOSURE OF LIEN AGAINST REAL PROPERTY DO NOT SIGN THIS DOCUMENT UNTIL YOU READ AND UNDERSTAND IT! THIS BAIL BOND WILL BE SECURED BY REAL PROPERTY YOU OWN OR IN WHICH YOU HAVE AN INTEREST. THE FAILURE TO PAY THE BAIL BOND PREMIUMS WHEN DUE OR THE FAILURE OF THE DEFENDANT TO COMPLY WITH THE CONDITIONS OF BAIL COULD RESULT IN THE LOSS OF YOUR PROPERTY!” (b) The disclosure required in subdivision (a) shall be made in 14-point bold type by either of the following means: (1) A separate and specific document attached to or accompanying the application. (2) A clear and conspicuous statement on the face of the application. (c) The property owner shall be given a completed copy of the disclosure statement and of the note and deed of trust or other instrument creating the lien against real property prior to the execution of any instrument creating a lien against real property. The failure to fully comply with subdivision (a) or (b), or this subdivision, shall render the deed of trust or other instrument creating the lien against real property voidable. (d) Within 30 days after notice is given by any individual, agency, or entity to the surety or bail bond licensee of the expiration of the time for appeal of the order exonerating the bail bond, or within 30 days after the payment in full of all moneys owed on the bail bond obligation secured by any lien against real property, whichever is later in time, the bail bond licensee shall deliver to the property owner a fully executed and notarized reconveyance of title, a certificate of discharge, or a full release of any lien against real property to secure performance of the conditions of the bail bond. If a timely notice of appeal of the order exonerating the bail bond is filed with the court, that 30-day period shall begin on the date the determination of the appellate court affirming the order exonerating the bail bond becomes final. Upon the reconveyance, the licensee shall deliver to the property owner the original note and deed of trust, security agreement, or other instrument which secures the bail bond obligation. If the licensee fails to comply with this subdivision, the property owner may petition the superior court to issue an order directing the clerk of the superior court to execute a full reconveyance of title, a certificate of discharge, or a full release of any lien against real property created to secure performance of the conditions of the bail bond. The petition shall be verified and shall allege facts showing that the licensee has failed to comply with this subdivision. (e) The violation of this section shall make the violator liable to the person affected by the violation for all damages which that person may sustain by reason of the violation plus statutory damages in the sum of three hundred dollars ($300). The property owner shall be entitled, if he or she prevails, to recover court costs and reasonable attorney’s fees as determined by the court in any action brought to enforce this section.
Disclosure; financial records
Insurance 1703
1703. Every applicant for an original license to act as a fire and casualty broker-agent, personal lines broker-agent, life agent, life analyst, surplus line broker, special lines surplus line broker, motor club agent, or bail agent or bail solicitor or bail permittee shall, as part of the application, endorse an authorization for disclosure to the commissioner of financial records of any fiduciary funds as defined in Section 1733, pursuant to Section 7473 of the Government Code. The authorization shall continue in force and effect for so long as the licensee continues to be licensed by the department.
Disclosure; license numbers
Insurance 1725.5
See also Business Operations
1725.5. (a) For purposes of Sections 32.5, 1625, 1626, 1724.5, 1758.1, 1765, 1800, 14020, 14021, and 15006, every licensee shall prominently affix, type, or cause to be printed on business cards, written price quotations for insurance products, and print advertisements distributed exclusively in this state for insurance products its license number in type the same size as any indicated telephone number, address, or fax number. If the licensee maintains more than one organization license, one of the organization license numbers is sufficient for compliance with this section. (b) Effective January 1, 2005, for purposes of Sections 32.5, 1625, 1626, 1724.5, 1758.1, 1765, 1800, 14020, 14021, and 15006, every licensee shall prominently affix, type, or cause to be printed on business cards, written price quotations for insurance products, and print advertisements, distributed in this state for insurance products, the word “Insurance” in type size no smaller than the largest indicated telephone number. (c) In the case of transactors, or agent and broker licensees, who are classified for licensing purposes as solicitors, working as exclusive employees of motor clubs, organizational licensee numbers shall be used. (d) Any person in violation of this section shall be subject to a fine levied by the commissioner in the amount of two hundred dollars ($200) for the first offense, five hundred dollars ($500) for the second offense, and one thousand dollars ($1,000) for the third and subsequent offenses. The penalty shall not exceed one thousand dollars ($1,000) for any one offense. These fines shall be deposited into the Insurance Fund. (e) A separate penalty shall not be imposed upon each piece of printed material that fails to conform to the requirements of this section. (f) If the commissioner finds that the failure of a licensee to comply with the provisions of subdivision (a) or (b) is due to reasonable cause or circumstance beyond the licensee’s control, and occurred notwithstanding the exercise of ordinary care and in the absence of willful neglect, the licensee may be relieved of the penalty in subdivision (d). (g) A licensee seeking to be relieved of the penalty in subdivision (d) shall file with the department a statement with supporting documents setting forth the facts upon which the licensee bases its claims for relief. (h) This section does not apply to any person or entity that is not currently required to be licensed by the department or that is exempted from licensure. (i) This section does not apply to general advertisements of motor clubs that merely list insurance products as one of several services offered by the motor club, and do not provide any details of the insurance products. (j) This section does not apply to life insurance policy illustrations required by Chapter 5.5 (commencing with Section 10509.950) of Part 2 of Division 2 or to life insurance cost indexes required by Chapter 5.6 (commencing with Section 10509.970) of Part 2 of Division 2. (k) This section shall become operative January 1, 1997.
Document to arrestee or representative
Title 10 2099
2099. Documents; Tender to Arrestee or Representative
Every bail licensee shall tender a copy of any document which is executed by any person with whom bail is negotiated to such person at the time of the execution thereof.
License; display
Insurance 1820
1820. Every bail license shall be prominently displayed in the office of the licensee.
Necessary notices and filings
Title 10 2095
See also Insurance Commissioner
2095. Filings; Necessary Notices
Every bail licensee shall promptly file with the commissioner the following:
(a) If conducting business as a partnership pursuant to Section 2061, the
written statement required by Section 2061.2 and any modification thereof.
(b) If the relationship of a bail agent or permittee employed by another bail
agent or permittee or a partnership of bail agents or permittees exists as set
forth in Section 2062:
(1) The written statement to the commissioner required by Section
2062.2;
(2) The written notice of any change as required by Section 2062.2
(d).
(c) The written notice required by Section 2065 (f) if applicable to such
licensee.
(d) The written notice required by Section 2066.4 (a) of any fictitious name
or style used pursuant to Section 2066.4.
(e) A written notice of any changes made in any of the licensee’s business
addresses.
f) A complete list of all persons employed by the licensee who aid him in
any way in the conduct of his bail business setting forth for each employee the
full name, duties and basis of compensation, and if such compensation is to be
over $1,000 per month the amount thereof.
(g) A notice containing the same information as that required by (f) above
for each new employee.
(h) A notice of termination of the employment of any employee and, if the
reason therefor was any act or conduct by the employee which would in the
opinion of the employer indicate an unfitness to transact bail, a full statement of
such reason.
(I) A notice within 10 days after service upon him of the filing of:
(1) Any criminal suit;
(2) Any action at law against him or of any judgment against him
which arises out of his transaction of the bail business or the transaction
of bail.
(j) A written notice within five days after making any arrangement of any
kind to obtain money, securities or other assets to use directly or indirectly in the
bail business, giving the name of the person with whom such arrangements
have been made, the amount of money or value of other assets involved, the
date of the transaction and the details of the arrangement.
(k) A copy, or a reference to copies already filed and which he will use, of all
forms or documents which the licensee intends to use regularly or frequently in
connection with his bail transactions, including:
(1) The document to be delivered to the arrestee or other person
containing the information required by Section 2083;
(2) The form of any receipt for or agreement relating to collateral
used pursuant to Section 2083 (m);
(3) The document to be delivered to the arrestee or other person
containing the information required by Section 2083.5;
(4) The form of guarantor’s agreement referred to in Section 2084;
(5) The form of original communication referred to in Section 2097
(a);
(6) The form or original application referred to in Section 2097 (b);
and
(7) Any other form or document.
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Updated: 04/10/2015