Sec. 36-126.33. Bail bondsmen.
(a) Except in those instances where the context clearly indicates a different meaning, the following words and terms, when used in this article, shall, for the purpose of this article, have the following meanings:
(1) Bail bond; bond shall include every recognizance or acknowledgement of indebtedness conditioned upon the appearance of any person charged with violation of law before any court or judicial officer having criminal jurisdiction.
(2) Bondsman shall mean every person who, for compensation, enters into any bond or recognizance as surety.
(3) Collateral shall include any money, note, stock, bond, real or personal property, whether tangible or intangible, used or put as security or indemnity for entering into any bail bond.
(4) Principal shall mean the person charged with violation of law and whose appearance is required in any bail bond.
(5) Surety shall mean every person, firm or corporation, other than a corporation licensed to do business as a bonding company, who for compensation, enters into any recognizance or bond other than as a principal.
(b) No bondsman shall enter into any such bond if the aggregate or penalty of such bond, and other bonds, whether entered into this city or some other jurisdiction, on which he has not released from liability is in excess of the unencumbered true market value of his real estate.
(c) Each bondsman entering into bonds in the City of Lynchburg, if so directed by the judge of the circuit court of the City of Lynchburg or the judge of the circuit court of any other county or city in which he is licensed, shall place a deed of trust on the real estate that he is using for the limit of his expected bond indebtedness to secure the Commonwealth of Virginia and shall name the commonwealth's attorney of the City of Lynchburg as trustee under the deed of trust. In addition thereto, such bondsman shall furnish the clerk of the circuit court of the City of Lynchburg an acceptable appraisal and title of certificate of the real estate subject to any such deed of trust. Each bondsman entering into bonds in the city shall also file with the clerk of the circuit court of the City of Lynchburg not later than the fifth (5th) day of each month a list of all outstanding bonds, whether entered into in this city or some other jurisdiction, on which the bondsman was obligated as of the last day of the preceding month together with the amount of the penalty of each such bond and the unencumbered true market value of the bondsman's real estate.
(d) Every bondsman shall keep a book or other record of all bail bonds executed by him, in which he shall be accurately and fairly written, in the English language, the name of the principal, the court and the time in which the principal is to appear, the amount of compensation paid or to be paid, the amount, kind and brief description of any collateral received therefore and the person from whom received. Such book and record shall at all reasonable times be open to inspection by the judges of the Lynchburg circuit court, the Lynchburg chief of police or any police officer of the city and the commonwealth's attorney or any of the other assistant commonwealth's attorneys.
(e) Any bondsman violating any of the provisions of this chapter, upon conviction thereof, shall be guilty of a class 1 misdemeanor and, upon conviction, shall forfeit his license issued under this chapter.
(f) If any bondsman licensed hereunder fails or refuses to pay any forfeiture after notice and demand by the judge of the court having jurisdiction, he shall forfeit his license and shall be suspended from any further bonds in the city until the forfeiture is paid or it is adjudicated that he is not liable thereon. (Ord. No. O- 96-319, 12-10-96, eff. 1-1-97)
Last updated date: 10/23/2006 4:15:21 PM