CHAPTER 58-22

BAIL BONDSPERSONS

58-22-1    Definition of terms.

58-22-2    Qualifications of surety for release of person on bail.

58-22-3    Persons disqualified as bail bondsmen--Violation as felony.

58-22-4    Unqualified and unlicensed person acting as bail bondsman or runner prohibited--Pledging of property by individual as security for bail bond permitted--Penalties for violation.

58-22-5    Licenses to individuals only--Examination waived for persons previously acting--Exemptions.

58-22-6    Application for license--Affirmative showing of qualifications.

58-22-7    License fee submitted to director--Fingerprints and photograph of applicant.

58-22-8    Surety bondspersons--Annual list--Subsequent appointments--Fees.

58-22-9    Termination of appointment of surety bondsman by insurer--Notice to director--Information privileged.

58-22-10    Professional bondsman--Annual financial statement furnished by applicant.

58-22-11    Refusal, suspension, or cancellation of license for inadequate financial statement.

58-22-12    Application for license as runner--Affirmative showing of qualifications.

58-22-13    Runner's application--Fees--Fingerprints and photograph of applicant.

58-22-14    Application for license or renewal--Investigation of applicant's fitness--Criminal background check.

58-22-15    Failure of applicant for license to secure approval--Filing of another application.

58-22-16    Examination of bail bondsperson or runner.

58-22-17    Examination fee.

58-22-18    Failure of applicant to pass--Subsequent examinations.

58-22-19    Expiration of licenses.

58-22-20    Renewal license--Issuance by director--Fee.

58-22-21    Causes for denial, suspension, revocation, or refusal to renew license.

58-22-22    Suspension of license--Investigation by director--Notice and charges--Failure to answer or deny charges, revocation of license.

58-22-23    Denial of charges of unlawful conduct--Hearing by director, notice of time and place, rights of parties--Suspension or revocation of license.

58-22-24    Deposit by professional bondsman with director--Amount--Law governing--Waiver for person authorized to countersign for bail bondsman.

58-22-25    Annual registration of bail bondsman's license required--Violation as misdemeanor.

58-22-26    Notice to sheriffs of discontinuance of business during license period--Return of license for cancellation.

58-22-27    Appointment of runners--Director's approval required--Grounds for denying appointment.

58-22-28    Termination of appointment of runner--Notice filed with director--Notice to runner--Information privileged.

58-22-29    Giving or promising anything of value to principal as misdemeanor.

58-22-30    Acceptance of anything of value from principal except premium as misdemeanor--Collateral security or indemnity permitted.

58-22-31    Receipt for collateral--Description of collateral received.

58-22-32    Solicitation of business where prisoners confined as misdemeanor.

58-22-33    Giving or promising anything of value to public officials to secure settlement, remission, or reduction as felony.

58-22-34    Giving anything of value to attorney in bail bond matter as felony--Exception.

58-22-35    Bail bondsman or runner acting as attorney as misdemeanor.

58-22-36    Advising employment of particular attorney as misdemeanor.

58-22-37    Signing or countersigning of bond in blank by bail bondsman prohibited, exception.

58-22-38    Annual list of forfeitures of bonds--Contents.

58-22-39    Affidavit of property bondsman as to consideration for undertaking--Willful misstatement as perjury.

58-22-40    Surety's right to enforce indemnity agreement limited by affidavit.

58-22-41    Deposit by defendant admitted to bail.

58-22-42    Bail by surety substituted for deposit--Refunding of deposit--Cancellation of original undertaking.

58-22-43    Bail other than deposit--Cancellation by deposit.

58-22-44    Undertaking for appearance before a magistrate or court--Time of appearance.

58-22-45    Liability on undertaking unaffected by defects.

58-22-46    Validity of undertaking entered into on Sunday or holiday.

58-22-47    Administration and enforcement of chapter by director--Employment of personnel.

58-22-48    58-22-48. Repealed by SL 1978, ch 359, § 3

58-22-49    Written appointment required with application for runner's license.

58-22-50    Licensee to notify Division of certain convictions.

58-22-51    Out-of-state bail bondsperson--Notification of activities--Limitations on activities--License required.

58-22-52    List of runners to be furnished to director--Fee.

58-22-53    Posting of bond under bondsperson's own license for licensee's release prohibited.

58-22-54    Enforcement of title permitted although license surrendered or lapsed.

58-22-55    Report of felony criminal prosecution.

58-22-1. Definition of terms.

Terms used in this chapter mean:

(1)    "Bail bond," cash, property or surety given to obtain a defendant's release;

(1A)    "Bail bondsman," a surety bondsman, professional bondsman, or a property bondsman;

(1B)    "Cash," the coins and bills issued by the government of the United States and does not include the transfer of funds electronically;

(2)    "Insurer," any domestic, foreign, or alien surety company which has qualified generally to transact surety business and specifically to transact bail bond business in this state;

(3)    "Professional bondsman," any person who has been approved by the director and who pledges cash or approved unregistered bonds as security for a bail bond in connection with a judicial proceeding and receives or is promised money or other things of value;

(4)    "Property bondsman," a person who pledges real or other property as security for a bail bond in a judicial proceeding and who receives or is promised money or other things of value therefor;

(5)    "Runner," a person employed by a bail bondsman for the purpose of assisting the bail bondsman in presenting the defendant in court when required or to assist in apprehension and surrender of defendant to the court, or keeping defendant under necessary surveillance. This does not affect the right of a bail bondsman to hire counsel or to ask assistance of law enforcement officers;

(6)    "Surety bondsman," any person who has been approved by the director and appointed by an insurer by power of attorney to execute or countersign bail bonds for the insurer in connection with judicial proceedings and who receives or is promised money or other things of value therefor.

Source: SL 1966, ch 111, ch 31, § 1; SL 2013, ch 250, § 1.

58-22-2. Qualifications of surety for release of person on bail.

Each and every surety for the release of a person on bail shall be qualified as:

(1)    An insurer and represented by a surety bondsman or bondsmen; or

(2)    A professional bondsman properly qualified and approved by the director; or

(3)    A natural person who has reached the age of twenty-one years, a citizen of the United States and a bona fide resident of South Dakota for a period of one year immediately last past and who holds record title to property in South Dakota acceptable to the proper authority approving the bail bond.

Source: SL 1966, ch 111, ch 31, § 4.

58-22-3. Persons disqualified as bail bondspersons or runners--Violation as felony.

The following persons or classes may not be bail bondspersons or runners and may not directly or indirectly receive any benefits from the execution of any bail bond: jailers, police officers, committing magistrates, magistrate court judges, sheriffs, deputy sheriffs, and constables, any person having the power to arrest or having anything to do with the control of federal, state, county, or municipal prisoners. Violation of this section is a Class 6 felony.

Source: SL 1966, ch 111, ch 31, §§ 17, 27; SDCL, § 58-22-48; SL 1978, ch 359, § 2; SL 1998, ch 296, § 1.

58-22-4. License required to act as bail bondsperson or runner--Exception--Violation as felony or misdemeanor.

No person may act in the capacity of a bail bondsperson or runner or perform any of the functions, duties, or powers prescribed for bail bondsperson or runners under the provisions of this chapter unless that person is qualified and licensed as provided in this chapter. However, none of the provisions of this section prohibit any person, from pledging real or other property as security for a bail bond in judicial proceedings if that person does not receive, or is not promised, money or other things of value therefor. Acting in the capacity of a bail bondsperson or runner without being licensed is a Class 6 felony. Receipt of money or other things of value by any person not acting in the capacity of a bail bondsperson is a Class 2 misdemeanor.

Source: SL 1966, ch 111, ch 31, §§ 5, 27; SDCL, § 58-22-48; SL 1978, ch 359, § 2; SL 1998, ch 296, § 2.

58-22-5. Licenses to individuals only--Examination waived for persons previously acting--Exemptions.

No license may be issued except in compliance with this chapter and none may be issued except to an individual. However, any person performing the functions of a bail bondsperson or runner, within the definition of this chapter, on July 1, 1966, is not required to take an examination, but shall be issued a license upon making the application required by this chapter, and renewals shall be granted subject to the provisions of §§ 58-22-6, 58-22-19, and 58-22-21. The provisions of this chapter do not apply to the holder of a valid all lines fire and casualty insurance producer's license held prior to July 1, 1998.

A firm, partnership, association, or corporation, as such need not be licensed.

Source: SL 1966, ch 111, ch 31, § 5; SL 1998, ch 296, § 3; SL 2001, ch 286, § 131.

58-22-6. Application for license--Affirmative showing of qualifications.

The application for license, in addition to the other matters set out in this chapter to serve as a bail bondsperson shall affirmatively show that the applicant is a natural person who has reached the age of twenty-one years, is a citizen of the United States, has been a bona fide resident of the state for the preceding year, will actively engage in the bail bond business, and has not been convicted of, or pled guilty or nolo contendere to, a felony or a crime involving moral turpitude or any crime involving moral turpitude. The director of the Division of Insurance may waive the restriction relating to the conviction of, or plea of guilty or nolo contendere to, a felony if three years have elapsed since the completion of the sentence imposed by the court in connection with the violation.

Source: SL 1966, ch 111, ch 31, § 7; SL 1998, ch 296, § 4.

58-22-7. License fee submitted to director--Fingerprints and photograph of applicant.

A license fee of thirty dollars shall be submitted to the director with each application for license as bail bondsperson.

The applicant shall also furnish with the application, a complete set of the applicant's fingerprints and a recent credential-size full face photograph of the applicant. The applicant's fingerprints shall be certified by an authorized law enforcement officer.

Source: SL 1966, ch 111, ch 31, § 8; SL 1998, ch 296, § 5.

58-22-8. Surety bondspersons--Annual list--Subsequent appointments--Fees.

Every insurer shall annually, prior to May first, furnish the director a list of all surety bondsperson appointed by it to write bail bonds on its behalf accompanied by a renewal fee of ten dollars for each bondsperson being reappointed. Every such insurer who subsequently appoints a surety bondsperson in the state shall give notice to the director along with a written application for license for bondspersons accompanied by a ten dollar appointment fee. All such appointments are subject to the issuance of a license to such surety bondsperson.

Source: SL 1966, ch 111, ch 31, § 19; SL 1998, ch 296, § 6.

58-22-9. Termination of appointment of surety bondsman by insurer--Notice to director--Information privileged.

An insurer terminating the appointment of a surety bondsman shall file written notice thereof with the director, together with a statement that it has given or mailed notice to the surety bondsman. Such notice filed with the director shall state the reasons, if any, for such termination. Information so furnished the director shall be privileged and shall not be used as evidence in or basis for any action against the insurer or any of its representatives.

Source: SL 1966, ch 111, ch 31, § 19.

58-22-10. Professional bondsman--Annual financial statement furnished by applicant.

In addition to the requirements prescribed in § 58-22-6, an applicant for a professional bondsman license shall furnish annually a detailed financial statement under oath, and such statement shall be subject to the same examination as is prescribed by law for domestic insurers.

Source: SL 1966, ch 111, ch 31, § 9.

58-22-11. Refusal, suspension, or cancellation of license for inadequate financial statement.

A license may be refused, suspended, or canceled by the director at any time he determines that the financial statement filed by the applicant or professional bondsman is inadequate to meet the requirements of the director.

Source: SL 1966, ch 111, ch 31, § 24.

58-22-12. Application for license as runner--Affirmative showing of qualifications.

In addition to the other requirements prescribed in this chapter, an applicant for a license to serve as a runner shall affirmatively show:

(1)    That the applicant is a natural person who has reached the age of twenty-one years;

(2)    That the applicant is a citizen of the United States and has been a bona fide resident of this state for more than one year last past;

(3)    That each appointing bail bondsperson is obligated to supervise the applicant's activities, and be responsible for the applicant's conduct in the bail bond business; and

(4)    That the applicant has not been convicted of, nor has pled guilty or nolo contendere to, a felony or of any crime involving moral turpitude. The director of the Division of Insurance may waive the restriction relating to the conviction of, or plea of guilty or nolo contendere to, a felony or a crime involving moral turpitude if three years have elapsed since completion of the sentence imposed by the court in connection with the violation.

Source: SL 1966, ch 111, ch 31, § 10; SL 1998, ch 296, § 7.

58-22-13. Runner's application--Fees--Fingerprints and photograph of applicant.

Each runner's application shall be accompanied by a license fee of thirty dollars and an appointment fee of ten dollars for each bail bondsperson employing the applicant and shall be submitted to the director with each application for a license to serve as a runner, together with fingerprints and photograph. The employing bail bondsperson is responsible for submitting the application and appointment fee.

Source: SL 1966, ch 111, ch 31, § 10; SL 1998, ch 296, § 9.

58-22-14. Application for license or renewal--Investigation of applicant's fitness--Criminal background check.

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.

Source: SL 1966, ch 111, ch 31, § 5; SL 1998, ch 296, § 10; SL 2016, ch 233, § 4.

58-22-15. Failure of applicant for license to secure approval--Filing of another application.

The failure of the applicant to secure approval of the director shall not preclude him from applying as many times as he desires, but no application shall be considered by the director within one year subsequent to the date upon which the director denied the last application.

Source: SL 1966, ch 111, ch 31, § 5.

58-22-16. Examination of bail bondsperson or runner.

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.

Source: SL 1966, ch 111, ch 31, § 11; SL 2016, ch 233, § 5.

58-22-17. Examination fee.

The fee for such examination shall be ten dollars and shall be submitted with the application.

Source: SL 1966, ch 111, ch 31, § 11.

58-22-18. Failure of applicant to pass--Subsequent examinations.

The failure of an applicant to pass an examination shall not preclude him from taking subsequent examinations; provided, however, that at least one year must intervene between examinations.

Source: SL 1966, ch 111, ch 31, § 11.

58-22-19. Expiration of licenses.

All licenses issued shall expire annually on May first unless revoked or suspended prior thereto by the director, or upon notice served upon the director that the insurer or employer of any runner has canceled the licensee's authority to act for such insurer or employer.

Source: SL 1966, ch 111, ch 31, § 6.

58-22-20. Renewal license--Issuance by director--Fee.

A renewal license shall be issued by the director to a licensee who has continuously maintained a license in effect without further examination, unless deemed necessary by the director, but such license is in all other respects required to comply with and be subject to the provisions of this chapter. After the receipt of such licensee's application for renewal the current license shall continue in effect until the renewal license is issued or denied for cause.

Source: SL 1966, ch 111, ch 31, § 12; SL 1998, ch 296, § 12.

58-22-21. Causes for denial, suspension, revocation, or refusal to renew license.

The director may deny, suspend, revoke, or refuse to renew any license issued under this chapter for any of the following causes:

(1)    For any cause for which issuance of the license could have been refused had it then existed and been known to the director;

(2)    Violation of any laws of this state to bail in the course of dealings under the license issued the licensee by the director;

(3)    Material omission, misstatement, misrepresentation, or fraud in obtaining the license;

(4)    Misappropriation, conversion, or unlawful withholding of moneys, belonging to insurers or others and received in the conduct of business under the license;

(5)    Conviction of, or a plea of guilty or nolo contendere to, a felony or any crime involving moral turpitude;

(6)    Fraudulent or dishonest practices in the conduct of business under the license;

(7)    Willful failure to comply with, or willful violation of any proper order, rule, or regulation of the director, or the provisions of this chapter;

(8)    If, in the judgment of the director, the licensee has, in the conduct of affairs under the license, demonstrated incompetency, or untrustworthiness, or conduct or practices rendering the licensee unfit to carry on the bail bond business or making the licensee's continuance in such business detrimental to the public interest, or that the licensee is no longer in good faith carrying on the bail bond business, or that the licensee is guilty of rebating, or offering to rebate, or unlawfully dividing, or offering to divide such licensee's premiums in the case of professional bondsperson, and for such reasons is found by the director to be a source of detriment, injury, or loss to the public.

Source: SL 1966, ch 111, ch 31, § 13; SL 1998, ch 296, § 13.

58-22-22. Suspension of license--Investigation by director--Notice and charges--Failure to answer or deny charges, revocation of license.

If, after investigation, it shall appear to the satisfaction of the director that a bail bondsman or runner has been guilty of violating any of the laws of this state relating to bail bonds, the director shall, upon ten days' notice in writing to the bail bondsman or runner and to the insurer represented by him if a surety bondsman, accompanied by a copy of the charges of the unlawful conduct of such bail bondsman or runner, suspend the license of such bail bondsman or runner, unless on or before the expiration of the ten days the bail bondsman or runner shall make to the director answer to the charges. If, after the expiration of said ten days, and within twenty days thereafter, the bail bondsman or runner shall have failed to make answer or deny said charges the license of the bail bondsman or runner shall thereupon stand revoked.

Source: SL 1966, ch 111, ch 31, § 14.

58-22-23. Denial of charges of unlawful conduct--Hearing by director, notice of time and place, rights of parties--Suspension or revocation of license.

If, however, the bail bondsman or runner shall file written answer denying the charges within the time specified, the director shall call a hearing within a reasonable time for the purpose of taking testimony and evidence on any issue of fact made by the charges and answer. The director shall give notice to such bail bondsman or runner and to the insurer represented by him, if a surety bondsman, of the time and place of hearing. The parties shall have the right to produce witnesses, and to appear personally or by counsel. If upon such hearing the director shall determine that the bail bondsman or runner is guilty as alleged in said charges, he shall thereupon revoke the license of the bail bondsman or runner, or suspend him for a definite period of time to be fixed in the order of suspension.

Source: SL 1966, ch 111, ch 31, § 14.

58-22-24. Deposit by professional bondsperson--Amount--Law governing--Waiver.

Professional bondspersons shall, before writing cash or security bail bonds, deposit with the director in the same manner as required of domestic insurers, an amount determined by the director of not less than ten thousand dollars and an amount necessary to cover forfeitures as required to be filed with the director annually. Such deposit is subject to all laws, rules, and regulations concerning deposits by domestic insurers. The director may waive the deposit requirement contained in this section for a person authorized pursuant to § 58-22-37 to countersign for a bail bondsperson.

Source: SL 1966, ch 111, ch 31, § 24; SL 1966, ch 31, § 18 as added by SL 1967, ch 137; SL 1998, ch 296, § 14.

58-22-25. Annual registration required--Violation as misdemeanor.

No bail bondsperson may become a surety on an undertaking unless the bail bondsperson has registered in the office of the sheriff in the county in which the bondsperson resides. The bail bondsperson may then become a surety in any other county upon presenting to the official required to approve the sufficiency of bail, a certificate of such registration. A surety bondsperson shall also file a certified copy of appointment by power of attorney from each insurer which the bail bondsperson represents as agent with the sheriff. Registration and filing of certified copy of renewed power of attorney shall be performed annually on October first. No bail bondsperson may register with the sheriff unless such bail bondsperson is currently licensed with the director. Any violation of this section is a Class 1 misdemeanor.

Source: SL 1966, ch 111, ch 31, §§ 26, 27; SDCL, § 58-22-48; SL 1974, ch 55, § 48; SL 1978, ch 359, § 2; SL 1998, ch 296, § 15.

58-22-26. Notice to sheriffs of discontinuance of business during license period--Return of license for cancellation.

Any bail bondsperson who discontinues writing bail bonds during the period for which licensed shall notify the sheriffs with whom registered and return the license to the director for cancellation within thirty days from such discontinuance.

Source: SL 1966, ch 111, ch 31, § 20; SL 1974, ch 55, § 49; SL 1998, ch 296, § 17.

58-22-27. Appointment of runners--Director's approval required--Grounds for denying appointment.

Every person duly licensed as a bail bondsperson may appoint as a runner any person who holds or has qualified for a runner's license. Each bail bondsperson appointing a runner in this state shall file with, and obtain approval from the director for each appointment which shall be in a format prescribed by the director, and pay a fee of ten dollars. The appointment is effective upon the date it is processed by the Division of Insurance. The director may deny an appointment for reasons of protection of the public health, welfare, or safety, including the following:

(1)    The runner to be appointed is not properly licensed;

(2)    An investigation or administrative action concerning the runner or bail bondsperson by the Division of Insurance is eminent or on-going;

(3)    Material omission, misstatement, misrepresentation, or fraud in applying for the appointment; or

(4)    Conviction of, or a plea of guilty or nolo contendere to, a felony or any crime involving moral turpitude.

The director shall give written notice to the bail bondsperson of approval, denial, or delay of a runner's appointment within thirty days of the bail bondsperson filing the appointment and shall send a copy of the notice to the runner.

Source: SL 1966, ch 111, ch 31, § 21; SL 1998, ch 296, § 18.

58-22-28. Termination of appointment of runner--Notice filed with director--Notice to runner--Information privileged.

A bail bondsman terminating the appointment of a runner shall file written notice thereof with the director, together with a statement that he has given or mailed notice to the runner. Such notice filed with the director shall state the reasons, if any, for such termination. Information so furnished the director shall be privileged and shall not be used as evidence in any action against the bail bondsman.

Source: SL 1966, ch 111, ch 31, § 21.

58-22-29. Giving or promising anything of value to principal as misdemeanor.

No bail bondsperson or runner may pay a fee or rebate or give or promise anything of value to the principal or an agent of the principal. Violation of this section is a Class 1 misdemeanor.

Source: SL 1966, ch 111, ch 31, §§ 15 (4), 27; SDCL, § 58-22-48; SL 1978, ch 359, § 2; SL 1998, ch 296, § 20.

58-22-30. Acceptance of anything of value from principal except premium as misdemeanor--Collateral security or indemnity permitted.

No bail bondsperson or runner may accept anything of value from a principal except the premium. However, the bondsperson may accept collateral security or other indemnity from the principal which shall be returned upon final termination of liability on the bond. Such collateral security or other indemnity required by the bondsperson shall be reasonable in relation to the amount of the bond. Violation of this section is a Class 1 misdemeanor.

Source: SL 1966, ch 111, ch 31, §§ 15 (6), 27; SDCL, § 58-22-48; SL 1978, ch 359, § 2; SL 1998, ch 296, § 21.

58-22-31. Receipt for collateral--Description of collateral received.

When a bail bondsman accepts collateral he shall give a written receipt for same, and this receipt shall give in detail a full description of the collateral received.

Source: SL 1966, ch 111, ch 31, § 16.

58-22-32. Solicitation of business where prisoners confined as misdemeanor.

No bail bondsperson or runner may solicit business in or about any place where prisoners are confined. Violation of this section is a Class 1 misdemeanor.

Source: SL 1966, ch 111, ch 31, §§ 15 (7), 27; SDCL, § 58-22-48; SL 1978, ch 359, § 2; SL 1998, ch 296, § 22.

58-22-33. Giving or promising anything of value to public officials to secure settlement, remission, or reduction as felony.

No bail bondsperson or runner may pay a fee or rebate or give or promise anything of value to a jailer, police, peace officer, committing magistrate, or any other person who has power to arrest or hold in custody; or to any public official or public employee in order to secure a settlement, compromise, remission, or reduction of the amount of any bail bond or the forfeiture thereof. Violation of this section is a Class 6 felony.

Source: SL 1966, ch 111, ch 31, §§ 15 (2), 27; SDCL, § 58-22-48; SL 1978, ch 359, § 2; SL 1998, ch 296, § 23.

58-22-34. Giving anything of value to attorney in bail bond matter as felony--Exception.

No bail bondsperson or runner may pay a fee or rebate or give anything of value to an attorney in bail bond matters; except in defense of any action on a bond. Violation of this section is a Class 6 felony.

Source: SL 1966, ch 111, ch 31, §§ 15 (3), 27; SDCL, § 58-22-48; SL 1978, ch 359, § 2; SL 1998, ch 296, § 24.

58-22-35. Bail bondsperson or runner acting as attorney prohibited--Misdemeanor.

No bail bondsperson or runner may participate in the capacity of an attorney at a trial or hearing of one on whose bond such bail bondsperson or runner is surety. Violation of this section is a Class 1 misdemeanor.

Source: SL 1966, ch 111, ch 31, §§ 15 (5), 27; SDCL, § 58-22-48; SL 1978, ch 359, § 2; SL 1998, ch 296, § 25.

58-22-36. Advising employment of particular attorney as misdemeanor.

No bail bondsperson or runner may suggest or advise the employment of or name for employment any particular attorney to represent the bondsperson's or runner's principal. Violation of this section is a Class 2 misdemeanor.

Source: SL 1966, ch 111, ch 31, §§ 15 (1), 27; SDCL, § 58-22-48; SL 1978, ch 359, § 2; SL 1998, ch 296, § 26.

58-22-37. Signing or countersigning of bond in blank by bail bondsman prohibited, exception.

A bail bondsman shall not sign nor countersign in blank any bond, nor shall he give a power of attorney to, or otherwise authorize, anyone to countersign his name to bonds unless the person so authorized is a licensed bondsman and the power of attorney is filed and approved by the director.

Source: SL 1966, ch 111, ch 31, § 18; SL 1967, ch 137.

58-22-38. Annual list of forfeitures of bonds--Contents.

A professional bondsman shall on or before March first of each year file a sworn statement listing every forfeiture of bonds executed by him during the preceding calendar year giving date of forfeiture, amount of forfeiture and name of court where forfeiture is recorded, and date of payment.

Source: SL 1966, ch 111, ch 31, § 9.

58-22-39. Affidavit of property bondsman as to consideration for undertaking--Willful misstatement as perjury.

Every property bondsman shall file with the undertaking an affidavit stating whether or not he or anyone for his use has been promised or has received any security or consideration for his undertaking, and if so, the nature and amount thereof, and the name of the person by whom such promise was made or from whom such security or consideration was received. Any willful misstatement in such affidavit relating to the security or consideration promised or given shall render the person making it subject to the same prosecution and penalty as one who commits perjury.

Source: SL 1966, ch 111, ch 31, § 25.

58-22-40. Surety's right to enforce indemnity agreement limited by affidavit.

An action to enforce any indemnity agreement shall not lie in favor of the surety against such indemnitor, except with respect to agreements set forth in the affidavit required by § 58-22-39. In an action by the indemnitor, such surety shall have the right to retain only such security or collateral as is mentioned in the affidavit required by § 58-22-39.

Source: SL 1966, ch 111, ch 31, § 25.

58-22-41. Deposit by defendant admitted to bail.

When the defendant has been admitted to bail, he, or another in his behalf, may deposit with an official authorized to take bail, a sum of money, or nonregistered bonds of the United States, or of the state, or of any county, municipality within the state, equal in market value to the amount of such bail, together with his personal undertaking, and an undertaking of such other person, if the money or bonds are deposited by another. Upon delivery of a certificate of such deposit to the official having custody of the defendant, he shall be discharged from custody in the cause.

Source: SL 1966, ch 111, ch 31, § 23; SL 1992, ch 60, § 2.

58-22-42. Bail by surety substituted for deposit--Refunding of deposit--Cancellation of original undertaking.

If money or bonds have been deposited, bail by sureties may be substituted therefor at any time before a breach of the undertaking, and the official taking the new bail shall make an order that the money or bonds be refunded to the person depositing the same and they shall be refunded accordingly, and the original undertakings shall be canceled.

Source: SL 1966, ch 111, ch 31, § 22.

58-22-43. Bail other than deposit--Cancellation by deposit.

When bail other than a deposit of money or bonds has been given, the defendant or the surety may, at any time before a breach of the undertaking, deposit the sum mentioned in the undertaking, and upon such deposit being made, accompanied by a new undertaking, the original undertaking shall be canceled.

Source: SL 1966, ch 111, ch 31, § 23.

58-22-44. Undertaking for appearance before a magistrate or court--Time of appearance.

If no day is fixed for the appearance of the defendant, or an impossible day, or a day in vacation, the undertaking, if for his appearance before a magistrate for a hearing, shall bind the defendant to appear in ten days from the receipt of notice so to do by the defendant, his counsel, or any surety on the undertaking; and if for his appearance in a court for trial, shall bind the defendant so to appear on the first day of the next term of the court which shall commence more than three days after the giving of the undertaking.

Source: SL 1966, ch 111, ch 31, § 3.

58-22-45. Liability on undertaking unaffected by defects.

The liability of a person on an undertaking shall not be affected by reason of the lack of any qualifications, sufficiency, or competency provided in the criminal procedure law, or by reason of any other agreement that is expressed in the undertaking, or because the defendant has not joined in the undertaking.

Source: SL 1966, ch 111, ch 31, § 3.

58-22-46. Validity of undertaking entered into on Sunday or holiday.

No undertaking shall be invalid, nor shall any person be discharged from his undertaking, nor a forfeiture thereof be stayed nor shall judgment thereon be stayed, set aside, or reversed, the collection of any such judgment be barred or defeated by reason of any defect of form, omission or recital or of condition, failure to note or record the default of any principal or surety, or because of any other irregularity, or because the undertaking was entered into on Sunday or other holiday, if it appears from the tenor of the undertaking before what magistrate or at what court the principal was bound to appear, and that the official before whom it was entered into was legally authorized to take it and the amount of bail is stated.

Source: SL 1966, ch 111, ch 31, § 3.

58-22-47. Administration and enforcement of chapter by director--Employment of personnel.

The director may administer and enforce the provisions of this chapter. The Department of Labor and Regulation may employ and discharge such employees, examiners, counsel, and such other assistants as shall be deemed necessary, and it shall prescribe their duties, and their compensation shall be the same as other state employees receive for similar services.

Source: SL 1966, ch 111, ch 31, § 2; SL 1986, ch 22, § 32; SL 2004, ch 17, § 307; SL 2011, ch 1 (Ex. Ord. 11-1), § 162, eff. Apr. 12, 2011.