AN ACT
ENTITLED, An Act to revise certain provisions concerning bail bondspersons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 58-22 be amended by adding a NEW SECTION to read:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 58-22 be amended by adding a NEW SECTION to read:
No bail bondsperson may post a corporate surety bond under the bondsperson's own license for
the licensee's release from incarceration.
Section 2. That chapter 58-22 be amended by adding a NEW SECTION to read:
Section 2. That chapter 58-22 be amended by adding a NEW SECTION to read:
The director retains the authority to enforce the provisions of and impose any penalty or remedy
authorized by this chapter and title 58 against any person who is under investigation for or charged
with any violation of this chapter or title 58 even if the person's license has been surrendered or has
lapsed by operation of law.
Section 3. That chapter 58-22 be amended by adding a NEW SECTION to read:
Section 3. That chapter 58-22 be amended by adding a NEW SECTION to read:
A person licensed under this chapter shall report any felony criminal prosecution of the person
taken in any jurisdiction to the director within thirty days of the initial pretrial hearing date. The
report shall include a copy of the initial complaint filed, the order resulting from the hearing, and any
other relevant legal documents.
For purposes of this section, initial pretrial hearing means either a defendant's arraignment or the
first time that a defendant who is accused of a crime, or the defendant's attorney, appears before a
court in a criminal action in any jurisdiction, whichever occurs first.
Section 4. That § 58-22-14 be amended to read:
58-22-14. The applicant for any license under this chapter shall apply in writing, on forms prepared and supplied by the director, and the director may propound any reasonable interrogatories to an applicant for a license under this chapter or on any renewal thereof, relating to the applicant's qualifications, residence, prospective place of business, and any other matters which, in the opinion
Section 4. That § 58-22-14 be amended to read:
58-22-14. The applicant for any license under this chapter shall apply in writing, on forms prepared and supplied by the director, and the director may propound any reasonable interrogatories to an applicant for a license under this chapter or on any renewal thereof, relating to the applicant's qualifications, residence, prospective place of business, and any other matters which, in the opinion
of the director, are deemed necessary or expedient in order to protect the public and ascertain the
qualifications of the applicant. The director may also conduct any reasonable inquiry or investigation
the director sees fit, relative to the determination of the applicant's fitness to be licensed or to
continue to be licensed. The applicant shall provide any necessary authorization requested by the
director to facilitate an inquiry or investigation.
As part of any application to obtain licensure as a bail bondsperson or runner under this chapter,
each applicant shall submit to a state and federal criminal background investigation by means of
fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation.
Upon application, the director shall submit completed fingerprint cards to the Division of Criminal
Investigation for purposes of conducting both the state and federal criminal background
investigation. Upon completion of the criminal background investigation the Division of Criminal
Investigation shall forward to the director all information obtained as a result of the criminal
background investigation. The applicant is responsible for any costs associated with background
investigations as charged by the appropriate agency conducting and furnishing any background
investigations. Failure to submit or cooperate with any criminal background investigation is grounds
for denial of an application for licensure under this chapter.
Section 5. That § 58-22-16 be amended to read:
58-22-16. The applicant shall appear in person and take a written examination prepared by the director, testing the applicant's ability and qualifications to be a bail bondsperson or runner.
Section 5. That § 58-22-16 be amended to read:
58-22-16. The applicant shall appear in person and take a written examination prepared by the director, testing the applicant's ability and qualifications to be a bail bondsperson or runner.
Each examination shall be held at a time and place as designated by the director.
An Act to revise certain provisions concerning bail bondspersons.
An Act to revise certain provisions concerning bail bondspersons.
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I certify that the attached Act originated in the
SENATE as Bill No. 38
____________________________
Secretary of the Senate ____________________________
President of the Senate
Attest:
____________________________
Secretary of the Senate
____________________________
Attest:
____________________________
Chief Clerk
Senate Bill No. 38 File No. ____ Chapter No. ______ |
Received at this Executive Office this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor STATE OF SOUTH DAKOTA, ss.
Office of the Secretary of State
Filed ____________ , 20___
____________________________ Secretary of State
By _________________________ |
