California Bail Bonds Law: Unlawful / Prohibited
California Bail law: unlawful and prohibited actions of bail bondmen as outlined in regulations and laws 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) for the undertaking of bail bonds. This reference includes codes regarding prohibited associations, rebates, unlawful solicitation and more. 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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Acting for attorney, prohibited |
Title 10 |
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Administration of justice; place; unlawful solicitation |
Title 10 |
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Advertising; unauthorized |
Insurance |
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Agreements before bail arrest; prohibited |
Title 10 |
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Agreements with law enforcement |
Title 10 |
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Arrestee; solicitation of; hours |
Title 10 |
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Arrests; informing; notifying; prohibitions |
Title 10 |
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Associations; prior prohibited |
Title 10 |
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Associations; prohibited |
Title 10 |
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Attorney; acting for; prohibited |
Title10 |
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Attorney; recommending; suggesting; prohibited |
Title 10 |
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Authority; misrepresenting |
Title 10 |
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Bail soliciting; persons |
Title 10 |
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Bail; undertakings; delivery; compliance |
Title 10 |
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Capacity; misrepresenting |
Title 10 |
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Charges; service; prohibited |
Title 10 |
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Collection permitted |
Title 10 |
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Commissions; payment |
Title 10 |
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Communications; confidential |
Title 10 |
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Communications; fictitious; prohibited |
Title 10 |
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Compliance with regulations of public authority |
Title 10 |
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Compliance; undertakings of bail; delivery |
Title 10 |
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Confidential communications; information |
Title 10 |
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Court of law; prohibited associations |
Title 10 |
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Courts; unlawful solicitation |
Title 10 |
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Criminals; prohibited associations |
Title 10 |
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Detention; place; unlawful solicitation |
Title 10 |
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Differences in rates; filing of charges |
Title 10 |
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Feloniously obtained bail |
Penal |
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Fictitious communications prohibited |
Title 10 |
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Gifts; prohibited |
Title 10 |
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Guarantor; rights waiver; prohibited |
Title 10 |
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Guilt; admission; prerequisite for placement in program |
Penal |
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Habeas corpus; preparation; prohibited |
Title 10 |
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Improper forms; notice |
Title 10 |
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Informing or notifying of arrests; prohibitions |
Title 10 |
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Jails; unlawful solicitation |
Title 10 |
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Law enforcement; prohibited associations |
Title 10 |
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Lawyer; prohibited associations |
Title 10 |
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License; prohibited associations |
Title 10 |
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Misleading or untrue statements; forfeitures |
Title 10 |
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Misrepresentation; license type |
Insurance |
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Misrepresenting; capacity; authority |
Title 10 |
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Notification of arrests; prohibition |
Title 10 |
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Place; solicitations; unlawful |
Title 10 |
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Premiums; return; upon surrender of arrestee |
Title 10 |
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Preparation of writ of habeas corpus; prohibited |
Title 10 |
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Prior prohibited associations |
Title 10 |
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Private patrol operator; prohibited associations |
Title 10 |
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Prohibited associations |
Title 10 |
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Prohibited commissions or rebates |
Title 10 |
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Prohibited gifts |
Title 10 |
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Prohibited service charges |
Title 10 |
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Prohibited; other licenses; solicitors |
Title 10 |
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Prohibited; waiver of guarantor rights |
Title 10 |
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Prohibitions; acting for attorney |
Title 10 |
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Prohibitions; agreements before bail arrest |
Title 10 |
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Prohibitions; agreements with law enforcement, et al |
Title 10 |
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Prohibitions; copartnership |
Title 10 |
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Prohibitions; preparation of writ of habeas corpus |
Title 10 |
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Prohibitions; recommending or suggestion attorney |
Title 10 |
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Prohibitions; unlicensed persons |
Title 10 |
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Rebates |
Insurance |
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Rebates; unlawful |
Title 10 |
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Service charges; prohibited |
Title 10 |
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Solicitations; unlawful; place |
Title 10 |
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Statements of information; admissibility |
Penal |
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Theft of funds; fiduciaries |
Insurance |
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Transactions; prohibited by unlicensed persons |
Title 10 |
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Undertakings of bail; delivery; compliance |
Title 10 |
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Unlawful rebates |
Title 10 |
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Unlawful solicitations; place |
Title 10 |
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Unlicensed persons; transactions; prohibitions |
Title 10 |
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Waiver of rights of guarantor; prohibited |
Title 10 |
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Writ of habeas corpus; preparation; prohibited |
Title 10 |
Acting for attorney, prohibited
Title 10 2072
2072. Acting for Attorney; Prohibited
No bail licensee shall receive, accept or collect for, or transmit to, any attorney any
money or other item of value for attorney’s fee, costs or any other purpose on behalf of
an arrestee or any other person with whom bail is negotiated. Any bail licensee who is
lawfully holding any money or other item of value as collateral may, however, upon the
release of such collateral, honor an assignment thereof to an attorney if the licensee
took no part in the negotiation of such assignment. No bail licensee shall furnish forms
for or otherwise aid in such assignment.
Administration of justice; place; unlawful solicitation
Title 10 2074
2074. Unlawful Solicitations; Place
Except as provided in Sections 2074 and 2079.5, no bail licensee shall solicit any
person for bail in any prison, jail, or other place of detention of persons, court or public
institution connected with the administration of justice; or in the halls or corridors
adjacent thereto; provided that a bail licensee may in such halls, corridors or in other
rooms or areas where not prohibited by local rule or ordinance transact bail with
persons specified in Section 2079 who have prior to transaction, requested his
services.
Advertising; unauthorized
Insurance 1800.75
See also Bail Bond Advertising
1800.75. No person shall advertise or hold himself out as engaging in the business of executing, delivering, or furnishing bail bonds or undertakings of bail whether or not for consideration without holding at the time thereof all proper licenses required by this chapter.
Agreements before bail arrest; prohibited
Title 10 2070
2070. Agreements for Bail Before Arrest; Prohibited
No bail licensee shall enter into an agreement or arrangement with any person, which
agreement or arrangement has for its purpose the guaranteeing or assuring such
person or any other person in advance of the commission of any offense that bail will
be furnished to such person or any other person when and if such person or any other
person is arrested, nor shall any bail licensee perform any act which will encourage any
person to violate the law.
Agreements with law enforcement
Title 10 2076
2076. Informing or Notifying of Arrests; Prohibitions
No bail licensee shall, for any purpose, directly or indirectly, enter into an arrangement
of any kind or have any understanding with a law enforcement officer, newspaper
employee, messenger service or any of its employees, a trusty in a jail, any other
person incarcerated in a jail, or with any other persons, to inform or notify any licensee
(except in direct answer to a question relating to the public records concerning a
specific person named by the licensees in the request for information), directly or
indirectly, of:
(a) The existence of a criminal complaint;
(b) The fact of an arrest; or
(c) The fact that an arrest of any person is impending or contemplated.
(d) Any information pertaining to the matters set forth in (a) to (c) hereof or
the persons involved therein.
Arrestee; solicitation of; hours
Title 10 2079.1
See also Bail Negotiation & Fees
2079.1. Solicitation of Arrestee; Hours
Any solicitation of an arrestee himself pursuant to Section 2079 (a) shall be only after a
bona fide request for bail services has been received from the arrestee or from a
person specified in Section 2079 (b) or (c). Any solicitation of a person specified in
Section 2079 (c) or (d) shall be only between the hours of 7 o’clock a.m., and 11 o’clock
p.m., unless the bail licensee is directly and specifically authorized in writing by the
arrestee or the arrestee’s attorney to make such solicitation at some other specific time.
Associations; prior prohibited
Title 10 2058
See also Bail Licensing
2058. License; Prior Prohibited Associations
An unrestricted original bail license shall not be issued to any person if within the two year
period immediately prior to his application a license would not have been issued to
him for any of the reasons specified in Section 2057 (a); but a restricted bail license
may be issued to such person if he presents evidence satisfactory to the commissioner
that his bail business will be conducted in a county other than any county wherein he
was employed by or associated with a court of law or law enforcement agency; or that
such business will be conducted only in a part of the same county so remote from the
place of his prior employment that such employment will have no affect on his conduct
of his bail business.
Associations; prohibited
Title 10 2057
See also Bail Licensing
2057. Prohibited Associations
An original or renewal bail license shall not be issued to any person nor shall it be kept
in force if he is:
(a) Regularly or frequently employed by or associated with:
(1) A court of law in respect to its exercise of its criminal jurisdiction,
if any,
(2) A public law enforcement agency possessing the power of arrest
and detention of persons suspected of violating the law in the specific
terms of the statutes establishing and governing the agency.
(b) A private patrol operator.
(c) An active member of the State Bar of California.
(d) An associate of persons of bad general or bad business reputation, or
criminals, except to the extent that such association is required in the
transaction of bail with such persons.
(e) In case the associations defined in (d) above are only with persons
related to the licensee or applicant by blood or marriage, on good cause shown
the commissioner may issue the license applied for or a restricted license, or
may revoke an existing license and issue in lieu thereof a restricted license.
Attorney; recommending; suggesting; prohibited
Title 10 2071
2071. Suggesting or Recommending Attorney; Prohibited
No bail licensee shall in any manner, directly or indirectly, suggest the name of or
recommend any attorney to any arrestee or person purporting to act for or represent an
arrestee.
Authority; misrepresenting
Title 10 2067
See also Bail License Types & Required Disclosures
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.”
Bail soliciting; persons
Title 10 2079
2079. Soliciting of Bail; Persons.
No bail licensee shall solicit bail except in accordance with Section 2079.5 and from:
(a) An arrestee;
(b) The arrestee’s attorney;
(c) An adult member of the arrestee’s immediate family; or
(d) Such other person as the arrestee shall specifically designate in writing.
Such designation shall be signed by the arrestee before the solicitation, unless
prohibited by the rules, regulations or ordinances governing the place of
imprisonment. If so prohibited, it may be signed after release of the arrested to
ratify a previous oral designation made by him.
Bail; undertakings; delivery; compliance
Title 10 2086
2086. Undertakings of Bail; Delivery; Compliance
No bail licensee shall deliver an undertaking of bail which does not comply with all of
the provisions of Section 381 of the Insurance Code.
Charges; service; prohibited
Title 10 2082
See also Bail Negotiation & Fees
2082. Prohibited Service Charges
Except to the extent permitted by Section 2081 (c), (d) , and (e), no bail licensee shall
make any charge for his services in a bail transaction in addition to the premium on an
undertaking of bail or the charge for a bail bond at the rates filed in accordance with
Section 2094.
Collection permitted
Title 10 2081
See also Bail Negotiation & Fees
2081. Collection and Charges Permitted
No bail licensee shall, in any bail transaction or in connection therewith, directly or
indirectly, charge or collect money or other valuable consideration from any person
except for the following purposes:
(a) To pay the premium at the rates established by the insurer and set forth
on the undertaking of bail or to pay the charges for the bail bond filed in
connection with such transaction at the rates filed in accordance with Section
2094.
(b) To provide collateral.
(c) To reimburse himself for actual, necessary and reasonable expenses
incurred in connection with the individual bail transaction, including but not
limited to:
(1) Guard fees after the first 12 hours following release of an
arrestee on bail;
(2) Notary fees, recording fees, necessary long distance telephone
expenses (i.e., telephone calls billed by the telephone company as “long
distance,” but not those for which “message unit” charges only are
made); telegram charges, travel expenses and verification of collateral
outside of the county where the bail was arranged; a reasonable posting
fee charged by a licensee operating in a county other than that where
the bail was arranged; providing that no charge shall be made for travel
from the licensee’s office to post bail in an area where the licensee
advertises in the yellow pages of the telephone directory unless the
advertisement specifically so states. Such travel charges, when
permitted, shall not exceed the amount allowed to be taken as a travel
expense for income tax purposes under the federal Internal Revenue
Code and Regulations thereunder, or the amount allowed by the State of
California to be claimed for mileage by its employees, whichever the
licensee chooses.
(d) To reimburse himself for actual reasonable and necessary expenses
incurred and caused by a breach by the arrestee of any of the terms of the
written agreement under which and pursuant to which the undertaking of bail or
the bail bond was written. Such reimbursement may not exceed the penal
amount of such undertaking or bond and may include a reasonable charge for
the services of the licensee, his employees, partners or other persons
associated with him in the particular transaction of bail.
(e) If a forfeiture of bail occurs and is not set aside, the expenses under (c)
and (d) of this Section which are incurred within 180 days of such forfeiture may
be charged in addition to the amount of such forfeiture.
Commissions; payment
Title 10 2054.4
See also Bail Negotiation & Fees
2054.4. Payment of Commissions; Unlawful Rebates; Prohibited
No person may receive commission on bail or the transaction of bail as defined in
Section 2054.3 unless he holds a bail license as defined in Section 2054.1. No bail
licensee shall pay or allow in any manner, directly or indirectly, to any person who is not
also a bail licensee any commission or other valuable consideration on or in connection
with a bail transaction. This section shall not prohibit payments by a bail licensee to an
unlicensed person of charges such person for services of the kind specified in Section
2081(c) and (d).
Communications; confidential
Title 10 2069
See alsoRecords
2069. Confidential Communications; Information
No bail licensee shall disclose or reveal any information coming into his possession or
to his knowledge concerning an impending arrest or detention of a person by a law
enforcing agency, except in accordance with the lawful inquiry of a law enforcement or
judicial officer, unless such information is a matter of public record or knowledge.
Communications; fictitious; prohibited
Title 10 2077
2077. Fictitious Communications
No bail licensee shall, directly or indirectly, transmit or cause to be transmitted to
himself or to any other person a communication authorizing said licensee or any other
person to solicit or negotiate bail which is a fictitious communication or which is from a
person other than a person from whom he may lawfully solicit bail pursuant to Section
2079 or with whom he may lawfully negotiate bail pursuant to Section 2080. No such
communication shall, at any time or in any manner, be used directly or indirectly as an
aid in securing information concerning a person confined in a jail, prison or other place
of detention or for the purpose of visiting an arrestee therein, or for any other purpose.
Compliance with regulations of public authority
Title 10 2075
2075. Regulations of Public Authority; Compliance
Every bail licensee shall fully comply with every rule, regulation or ordinance issued by
a proper public authority governing the conduct of persons in or about any prison, jail or
other place of detention of persons, court or public institution connected with the
administration of justice. This section shall not be construed to authorize any act
constituting a violation of any other section of this article which is done pursuant to any
rule, regulation or ordinance that is merely permissive in its nature.
Differences in rates; filing of charges
Title 10 2094.2
See also Bail Negotiation & Fees
2094.2. Filing of Charges; Differences in Rates
If a person is licensed as both a bail agent and a bail permittee or licensed in either
capacity but conducting his bail business under an agreement with a person licensed in
the other capacity, any filing made pursuant to Section 2094 shall state all differences
between the premiums charged for undertakings of bail and the charges made for bail
bonds and the reasons therefor. If there is any such difference and if for his own
convenience a bail licensee shall substitute or cause to be substituted one type of
obligation for the other, he shall do so without additional premium or charge. Such
substitution without additional premium or charge may not be used as a device or
means of avoiding compliance with Section 2094 or with Chapter 9, Part 2, Division 1 of
the Insurance Code.
Feloniously obtained bail
Penal 1275.1
1275.1. (a) Bail, pursuant to this chapter, shall not be accepted unless a judge or magistrate finds that no portion of the consideration, pledge, security, deposit, or indemnification paid, given, made, or promised for its execution was feloniously obtained. (b) A hold on the release of a defendant from custody shall only be ordered by a magistrate or judge if any of the following occurs: (1) A peace officer, as defined in Section 830, files a declaration executed under penalty of perjury setting forth probable cause to believe that the source of any consideration, pledge, security, deposit, or indemnification paid, given, made, or promised for its execution was feloniously obtained. (2) A prosecutor files a declaration executed under penalty of perjury setting forth probable cause to believe that the source of any consideration, pledge, security, deposit, or indemnification paid, given, made, or promised for its execution was feloniously obtained. A prosecutor shall have absolute civil immunity for executing a declaration pursuant to this paragraph. (3) The magistrate or judge has probable cause to believe that the source of any consideration, pledge, security, deposit, or indemnification paid, given, made, or promised for its execution was feloniously obtained. (c) Once a magistrate or judge has determined that probable cause exists, as provided in subdivision (b), a defendant bears the burden by a preponderance of the evidence to show that no part of any consideration, pledge, security, deposit, or indemnification paid, given, made, or promised for its execution was obtained by felonious means. Once a defendant has met such burden, the magistrate or judge shall release the hold previously ordered and the defendant shall be released under the authorized amount of bail. (d) The defendant and his or her attorney shall be provided with a copy of the declaration of probable cause filed under subdivision (b) no later than the date set forth in Section 825. (e) Nothing in this section shall prohibit a defendant from obtaining a loan of money so long as the loan will be funded and repaid with funds not feloniously obtained. (f) At the request of any person providing any portion of the consideration, pledge, security, deposit, or indemnification paid, given, made, or promised for its execution, the magistrate or judge, at an evidentiary hearing to determine the source of the funds, may close it to the general public to protect the person’s right to privacy in his or her financial affairs. (g) If the declaration, having been filed with a magistrate or judge, is not acted on within 24 hours, the defendant shall be released from custody upon posting of the amount of bail set. (h) Nothing in this code shall deny the right of the defendant, either personally or through his or her attorney, bail agent licensed by the Department of Insurance, admitted surety insurer licensed by the Department of Insurance, friend, or member of his or her family from making an application to the magistrate or judge for the release of the defendant on bail. (i) The bail of any defendant found to have willfully misled the court regarding the source of bail may be increased as a result of the willful misrepresentation. The misrepresentation may be a factor considered in any subsequent bail hearing. (j) If a defendant has met the burden under subdivision (c), and a defendant will be released from custody upon the issuance of a bail bond issued pursuant to authority of Section 1269 or 1269b by any admitted surety insurer or any bail agent, approved by the Insurance Commissioner, the magistrate or judge shall vacate the holding order imposed under subdivision (b) upon the condition that the consideration for the bail bond is approved by the court. (k) As used in this section, “feloniously obtained” means any consideration, pledge, security, deposit, or indemnification paid, given, made, or promised for its execution which is possessed, received, or obtained through an unlawful act, transaction, or occurrence constituting a felony.
Gifts; prohibited
Title 10 2078
2078. Gifts Prohibited
No bail licensee shall give, directly or indirectly, any gift of any kind to any public official
or employee of any governmental agency who has duties, functions or responsibilities
in respect to the administration of justice or a place wherein detention of persons
charged with crime may occur, or to a prisoner any jail or place of detention. Items of
nominal value which are distributed generally for the purpose of advertising shall not be
considered gifts for the purpose of this article, except if given to prisoners or persons
directly in charge of prisoners in their place of detention; nor shall this article prevent
the customary giving of gifts to relatives by blood or marriage. But nothing in this
Section shall be construed to justify any rebate or bribe.
Guarantor; rights waiver; prohibited
Title 10 2087
See also Bail Negotiation & Fees
2087. Waiver of Rights of Guarantor, Prohibited
No bail licensee shall require the waiver by a depositor of collateral or by a guarantor of
any right he might have or thereafter acquire in connection with any bail transaction. No
bail licensee shall require or accept in connection with any bail transaction any waiver
of defense, confession of judgment, or other agreement impairing the right of the
person with whom the bail is negotiated or any depositor of collateral or guarantor to a
determination of his rights in a civil court.
Guilt; admission; prerequisite for placement in program
Penal 1001.66
1001.66. At no time shall a defendant be required to make an admission of guilt as a prerequisite for placement in a precomplaint diversion program.
Habeas corpus; preparation; prohibited
Title 10 2073
2073. Preparation of Writ of Habeas Corpus; Prohibited
No bail licensee or his employees shall prepare, make, or assist in any manner in the
preparing, making or filing of a petition for a writ of habeas corpus for or on behalf of an
arrestee. Such licensee or his employees may, however, without charge and in
accordance with the specific directions of the attorney of the arrestee, perform such
mechanical ministerial acts as will assist such attorney in preparing or making such
petition.
Improper forms; notice
Title 10 2096
See also Insurance Commissioner
2096. Improper Forms; Notice
If the commissioner finds that any form or document, the filing of which is required by
Section 2095 (k), is misleading or contrary to any provision of this article or any law
relating to bail, he shall notify the bail licensee specifying wherein such form or
document is misleading or contrary to any provision of this article or any law relating to
bail. Thereafter such bail licensee may not use such form or document. If such
notification is not given to such licensee within 30 days after the filing of such form or
document, the commissioner shall prescribe a reasonable time after which such form or
document may not be used.
Misleading or untrue statements; forfeitures
Title 10 2091
2091. Forfeitures; Misrepresentations
No bail licensee shall make any misleading or untrue representation to a court or to a
public official for the purpose of avoiding or preventing a forfeiture of bail or of having
set aside a forfeiture which has occurred, or for the release of an arrestee on his own
recognizance after bail has once been placed by the licensee. A copy of all written
representations made by or on behalf of a bail licensee for such purpose shall be kept
as provided in Section 2098, unless such representations are filed by an official as a
public record.
Misrepresentation; license type
Insurance 1730
1730. A licensee shall not misrepresent the type of license under which he is transacting insurance, nor shall he engage in transactions not authorized by the licenses held by him.
Premiums; return; upon surrender of arrestee
Title 10 2090
See also Failure to Appear & Fugitives
2090. Surrender of Arrestee to Custody; Return of Premiums
No bail licensee shall surrender an arrestee to custody prior to the time specified in the
undertaking of bail or the bail bond for the appearance of the arrestee, or prior to any
other occasion when the presence of the arrestee in court is lawfully required, without
returning all premium paid for such undertaking or bond; except that when as the result
of judicial action, information concealed or misrepresented by the arrestee or other
reasonable cause, any one of which was material to the hazard assumed, and the
licensee can show that the hazard was substantially increased, then the bail licensee
may retain incurred out of pocket expenses permitted to be charged by Section 2081
(c) and (d). The surrender of an arrestee who is again in custody for an offense for
which a penalty greater than that for the original offense may not be imposed, or his
surrender at the request of the guarantor shall never, in and of themselves, be
considered to be reasonable cause for surrender, and in case of any surrender under
such circumstances, and no actual and substantial increase in hazard can be shown by
the licensee, all premiums received and incurred expenses shall be returned.
Compliance with an Order of the Court made pursuant to Section 1300(b) of the Penal
Code shall be in compliance with this Section; and a licensee at the time of any
surrender of an arrestee prior to the time specified in the undertaking of bail shall
inform such arrestee of his rights under said Section 1300(b) to petition the Court for a
ruling as to return of premium.
Prohibited associations
Title 10 2057
2057. Prohibited Associations
An original or renewal bail license shall not be issued to any person nor shall it be kept
in force if he is:
(a) Regularly or frequently employed by or associated with:
(1) A court of law in respect to its exercise of its criminal jurisdiction,
if any,
(2) A public law enforcement agency possessing the power of arrest
and detention of persons suspected of violating the law in the specific
terms of the statutes establishing and governing the agency.
(b) A private patrol operator.
(c) An active member of the State Bar of California.
(d) An associate of persons of bad general or bad business reputation, or
criminals, except to the extent that such association is required in the
transaction of bail with such persons.
(e) In case the associations defined in (d) above are only with persons
related to the licensee or applicant by blood or marriage, on good cause shown
the commissioner may issue the license applied for or a restricted license, or
may revoke an existing license and issue in lieu thereof a restricted license.
Prohibited; other licenses; solicitors
Title 10 2059
2059. Solicitor, Other Licenses Prohibited
A person licensed as a bail solicitor may not at the same time be licensed
as:
(a) A bail agent.
(b) A bail permittee.
(c) A bail solicitor for more than one employer unless all such employers are
partners, in which event he shall be licensed as a solicitor for all partners.
Prohibitions; copartnership
Title 10 2061.4
2061.4. Copartnership Suspension; Prohibitions
If the license of any partner is suspended such partner may not engage in the
transaction of bail nor may he receive any commission on, or profit derived from, such
transactions entered into by other persons during the period of suspension.
Prohibitions; unlicensed persons
Title 10 2068
2068. Transactions by Unlicensed Persons; Prohibitions
No bail licensee shall directly or indirectly permit any person on his behalf to solicit or
negotiate undertakings of bail or bail bonds or to effect undertakings of bail or to issue
or deliver bail bonds unless such person is properly licensed by the commissioner to
perform such acts, even though such person acts in a purely mechanical or ministerial
manner or renders his services gratuitously. This section shall not prevent a bail agent
or permittee from suing [using] the mail, or any messenger or delivery generally, to file
executed undertakings of bail or deliver bail bonds, nor shall it prevent such filing or
such delivery by the attorney or other agent of the arrestee. No person in the
employment of the licensee shall act as an agent of the arrestee in the performance of
any of the acts specified herein.
Rebates
Insurance 1809
1809. The provisions of law relating to unlawful rebates shall not apply to commissions or other consideration paid or exchanged between licensees under this chapter, except that in such case the licensee who executes the undertaking or executes or delivers the bail bond shall, in all matters in respect thereto, be deemed the principal and all licensees otherwise connected with the transaction shall be deemed his agents in respect thereto.
Statements of information; admissibility
Penal 1001.67
1001.67. No statement, or information procured therefrom, made by the defendant in connection with the determination of his or her eligibility for diversion, and no statement, or information procured therefrom, made by the defendant, subsequent to the granting of diversion or while participating in the program, and no information contained in any report made with respect thereto, and no statement or other information concerning the defendant’s participation in the program shall be admissible in any action or proceeding.
Theft of funds; fiduciaries
Insurance 1733
1733. All funds received by any person acting as an insurance agent, broker, or solicitor, life agent, life analyst, surplus line broker, special lines surplus line broker, motor club agent, bail agent, permittee, administrator as defined in Section 1759, or solicitor, as premium or return premium on or under any policy of insurance or undertaking of bail, are received and held by that person in his or her fiduciary capacity. Any such person who diverts or appropriates those fiduciary funds to his or her own use is guilty of theft and punishable for theft as provided by law. Any premium that a premium financer agrees to advance pursuant to the terms of a premium finance agreement shall constitute fiduciary funds as defined in this section only if actually received by a person licensed in one or more of the capacities herein specified.
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Updated: 03/03/2010