First Substitute H.B. 371

Representative Stephen H. Urquhart proposes to substitute the following bill:

1 BAIL BOND AMENDMENT
2 2001 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Stephen H. Urquhart
5 This act modifies the Bail Bond Sureties and Agents Act to clarify that members of the
6 immediate family of a person employed at a jail or other correctional facility may not act as
7 bail bond agents or benefit from the execution of a bail bond. This act also defines
8 immediate family.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 31A-35-701, as last amended by Chapter 259, Laws of Utah 2000
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 31A-35-701 is amended to read:
14 31A-35-701. Prohibited acts.
15 (1) A bail bond agent or bail bond surety may not:
16 (a) solicit business in or about:
17 (i) any place where persons in the custody of the state or any local law enforcement or
18 correctional agency are confined; or
19 (ii) any court;
20 (b) pay a fee or rebate or give or promise anything of value to any person in order to secure
21 a settlement, compromise, remission, or reduction of the amount of any undertaking or bail bond;
22 (c) pay a fee or rebate or give anything of value to an attorney in regard to any bail bond
23 matter, except payment for legal services actually rendered for the bail bond agent or bail bond
24 surety;
25 (d) pay a fee or rebate or give or promise anything of value to the principal or anyone in

26 the principal's behalf; or
27 (e) engage in any other act prohibited by the commissioner by rule.
28 (2) The following persons may not act as bail bond agents and may not, directly or
29 indirectly, receive any benefits from the execution of any bail bond:
30 (a) a person employed at any jail, correctional facility, or other facility used for the
31 incarceration of persons, or a member of that person's immediate family;
32 (b) a peace officer;
33 (c) a judge; and
34 (d) a trustee or prisoner incarcerated in any jail, correctional facility, or other facility used
35 for the incarceration of persons.
36 (3) A bail bond agent may not:
37 (a) sign or countersign in blank any bail bond; or
38 (b) give the power of attorney to, or otherwise authorize anyone to, countersign in the bail
39 bond agent's name to a bail bond.
40 (4) A bail bond agent may not advertise or hold himself out to be a bail bond surety.
41 (5) The following persons or members of their immediate families may not solicit business
42 on behalf of a bail bond surety or bail bond agent:
43 (a) a person employed at any jail, correctional facility, or other facility used for the
44 incarceration of persons;
45 (b) a peace officer;
46 (c) a judge; and
47 (d) a trustee or prisoner incarcerated in any jail, correctional facility, or other facility used
48 for the incarceration of persons.
49 (6) As used in this section, "immediate family member" means a person's spouse, child,
50 stepchild, parent, stepparent, or sibling.