California Insurance Code 1802 – (a) A bail agent’s license by its terms permits the licensee to …
(a) A bail agent’s license by its terms permits the licensee to solicit, negotiate, and effect undertakings of bail on behalf of any surety insurer while there is in effect an unrevoked notice of appointment of such insurer filed pursuant to Section 1802.1. Such license shall not be issued unless and until there is filed with the commissioner a bond having an admitted surety insurer as surety thereon in the penal sum of one thousand dollars ($1,000), conditioned upon the proper application and disposal of all moneys collected or received by the bail agent, the bail agent’s solicitors licensed pursuant to the bail agent’s appointment, and the bail agent’s employees, in favor of the people of the State of California.
(b) A bail fugitive recovery agent shall file all of the following with the commissioner:
Terms Used In California Insurance Code 1802
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Commissioner: means the Insurance Commissioner of this State. See California Insurance Code 20
- licensee: means an insurer, agent, broker, or any other person who is required to be licensed by the department. See California Insurance Code 38.6
- State: means the State of California, unless applied to the different parts of the United States. See California Insurance Code 28
(1) A bond having an admitted surety insurer as surety thereon in the penal sum of one thousand dollars ($1,000). The surety bond required by this section shall allow persons to recover for actionable injuries, loss, or damage resulting from the willful or wrongful acts or omissions of the licensee and protects this state, its agents, officers, and employees from judgments against the licensee, and is further conditioned upon the faithful and honest conduct of the licensee.
(2) (A) A policy of liability insurance that provides minimum limits of insurance of one million dollars ($1,000,000) for any one loss or occurrence due to either bodily injury or death, or property damage, or both.
(B) The commissioner shall delay the implementation of subparagraph (A) if there is either a reasonable lack of availability or affordability, or both, of liability insurance for bail fugitive recovery agents.
(c) Bail agents, bail permittees, and bail solicitors who apply for a bail fugitive recovery agent license are exempt from subdivision (b) if they have a current surety bond and liability insurance policy on file with the commissioner.
(d) This section shall become operative on July 1, 2023.
(Repealed (in Sec. 5) and added by Stats. 2022, Ch. 768, Sec. 6. (AB 2043) Effective January 1, 2023. Operative July 1, 2023, by its own provisions.)