PA BAIL

1. Applicable Statutes

Pennsylvania Statutes Annotated, Title 42 Judiciary and Judicial Procedures, Part VI: Actions, Proceedings and Other Matters Generally. Chapter 57: Bonds and Recognizances, Subchapter B: Professional Bondsmen.

Pennsylvania Rules of Criminal Procedure, Rule 536

The regulatory body is the Department of Insurance.

2. Licensing Procedures

Professional bondsmen must comply with the following for licensure:

• Submit application forms and fees to the Department of Insurance
• Maintain an office in the county in which he or she intends to conduct business

3. Notice of Forfeiture

When a defendant has violated a condition of the bail bond, the bail authority may order the cash or other security forfeited and shall state in writing or on the record the reasons for so doing. Written notice of the forfeiture shall be given to the defendant and any surety, personally or by both first class and certified mail at the defendant and the surety's last known addresses. [ Pa. R. Crim. P. Rule 536]

4. Forfeiture to Judgment

The forfeiture shall not be executed until 20 days after notice of the forfeiture order. [ Pa. R. Crim. P. Rule 536]

5. Defenses to Forfeiture

The bail authority may direct that a forfeiture be set aside or remitted if justice does not require the full enforcement of the forfeiture order. [ Pa. R. Crim. P. Rule 536]

6. Remission

The bail authority may direct that a forfeiture be set aside or remitted if justice does not require the full enforcement of the forfeiture order. [ Pa. R. Crim. P. Rule 536]

7. Bail Agent's Arrest Authority

• A surety or bail agency may apply to the court for a bail piece.
• If the court is satisfied that a bail piece is required, it may issue a bail piece authorizing the surety or bail agency to apprehend and detain the defendant, and to bring the defendant before the bail authority without unnecessary delay. [ Pa. R. Crim. P. Rule 536]

8. Other Noteworthy Provisions

No professional bondsman shall charge a premium or compensation for acting as surety on any undertaking in excess of 10% for the first $100, and 5% for each additional $100 of such undertaking.

In any action brought to recover an overcharge by a professional bondsman, where such overcharge is proved, the professional bondsman shall be liable to pay treble damages therefor and reasonable counsel fees. [42 Pa.C.S.A. § 5748]

9. Noteworthy Appellate Decisions

Commonwealth v. Hernandez , 886 A.2d 231 (Pa.Super.,2005)

Defendant failed to appear but was later captured. The Bail bond company petitioned the court to vacate the forfeiture of bail posted on behalf of the defendant. The Court of Common Pleas denied the motion and the bond company appealed. The Superior Court held that because the bail bond company did not have any impact on the defendant's ultimate capture, remission of the forfeited bond was unwarranted. They further stated that equitable considerations did not warrant remission of forfeiture either.

Commonwealth v. Elmobdy , 823 A.2d 180 (Pa.Super.,2003)

The defendant was charged with assault and released on a bail bond. He then failed to appear and was sought by the bail bondsmen with whom he had the contract. When the bondsmen found him, they searched him and found marijuana in his bag. They turned him over to the police and he was later convicted in a bench trial in the Court of Common Pleas of possession of a controlled substance (marijuana) with intent to deliver. The defendant appealed, asserting that trial court erred in refusing to suppress the evidence of the marijuana the bondsmen found on him. The Superior Court affirmed the lower court, and held that: (1) Bail bondsmen were not State actors when they apprehended defendant; (2) even if bondsmen were State actors, their actions which resulted in discovery of marijuana in defendant's bag did not constitute unreasonable search and seizure; and (3) bondsmen were not required to comply with State's procedural requirements regarding apprehension and extradition to New Jersey, where bondsmen turned defendant over to State police.

Commonwealth v. Horce , 726 A.2d 1067 (Pa.Super, 1999).

After defendant who was released on reinstated bail failed to appear for trial, capias was issued and bail was ordered forfeited. Commonwealth petitioned to execute on surety bond. The Court of Common Pleas, entered judgment against bail bondsman. Bondsman appealed. The Superior Court held that bondsman remained liable on surety bond after first forfeiture was set aside and bail was reinstated.  Affirmed.

Commonwealth v. Atkins , 644 A.2d 751 (Pa.Super. 1994).

Motion was filed for total remission of bail forfeiture. The Court of Common Pleas denied the motion. Appeal was taken. The Superior Court held that defendant's failure to appear while being held by authorities in another state was not willful and did not justify forfeiture of bail.  Reversed and remanded.

10. Bounty Hunter Provisions

There are currently no regulations pertaining to bounty hunters.