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.

Attorney's Note

Under the South Dakota Laws, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class 1 misdemeanorup to 1 yearup to $2,00
For details, see § 22-6-2

Terms Used In South Dakota Codified Laws 58-22-25

  • 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.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC

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.