31A-35-702.  Early surrender without cause.

(1)  The bail or bail bond premium shall be returned in full if a bail bond producer without good cause surrenders a defendant to custody before:

Terms Used In Utah Code 31A-35-702

  • Agency: means :
(a) a person other than an individual, including a sole proprietorship by which an individual does business under an assumed name; and
(b) an insurance organization licensed or required to be licensed under Section 31A-23a-301, 31A-25-207, or 31A-26-209. See Utah Code 31A-1-301
  • Application: means a document:
    (a) 
    (i) completed by an applicant to provide information about the risk to be insured; and
    (ii) that contains information that is used by the insurer to evaluate risk and decide whether to:
    (A) insure the risk under:
    (I) the coverage as originally offered; or
    (II) a modification of the coverage as originally offered; or
    (B) decline to insure the risk; or
    (b) used by the insurer to gather information from the applicant before issuance of an annuity contract. See Utah Code 31A-1-301
  • 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.
  • Bail bond: means a bail bond insurance product for a specified monetary amount that is:
    (a) executed by a bail bond producer licensed in accordance with Section 31A-35-401; and
    (b) issued to a court, magistrate, or authorized officer to secure:
    (i) the release of a person from incarceration; and
    (ii) the appearance of the released person at court hearings the person is required to attend. See Utah Code 31A-35-102
  • Bail bond agency: means any sole proprietor or entity that:
    (a) is licensed under Subsection 31A-35-404(1) or (2);
    (b) 
    (i) is the agent of a surety insurer that sells a bail bond in connection with judicial proceedings;
    (ii) pledges the assets of a letter of credit from a Utah depository institution for a bail bond in connection with judicial proceedings; or
    (iii) pledges personal or real property, or both, as security for a bail bond in connection with judicial proceedings; and
    (c) receives or is promised money or other things of value for a service described in Subsection (2)(b). See Utah Code 31A-35-102
  • Bail bond producer: means an individual who:
    (a) is appointed by:
    (i) a surety insurer that sells bail bonds; or
    (ii) a bail bond agency licensed under this chapter;
    (b) is appointed to execute or countersign undertakings of bail in connection with judicial proceedings; and
    (c) receives or is promised money or other things of value for engaging in an act described in Subsection (3)(b). See Utah Code 31A-35-102
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Insurance Department. See Utah Code 31A-1-301
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes :
    (a) an individual;
    (b) a partnership;
    (c) a corporation;
    (d) an incorporated or unincorporated association;
    (e) a joint stock company;
    (f) a trust;
    (g) a limited liability company;
    (h) a reciprocal;
    (i) a syndicate; or
    (j) another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301
  • Premium: means the specified monetary amount used to purchase a bail bond. See Utah Code 31A-35-102
  • producer: means a person licensed or required to be licensed under the laws of this state to sell, solicit, or negotiate insurance. See Utah Code 31A-1-301
  • (a)  the time specified in the undertaking of bail or the bail bond for the appearance of the defendant; or

    (b)  any other occasion where the presence of the defendant in court is lawfully required.
  • (2)  As used in this section, “good cause” includes:

    (a)  the defendant providing materially false information on the application for bail or a bail bond;

    (b)  the court’s increasing the amount of bail beyond sound underwriting criteria employed by:

    (i)  the bail bond producer; or

    (ii)  the bail bond agency;

    (c)  a material and detrimental change in the collateral posted by:

    (i)  the defendant; or

    (ii)  a person acting on the defendant’s behalf;

    (d)  the defendant changing the defendant’s address or telephone number without giving reasonable notice to:

    (i)  the bail bond producer; or

    (ii)  the bail bond agency;

    (e)  the defendant commits another crime, other than a minor traffic violation, as defined by department rule, while on bail;

    (f)  failure by the defendant to appear in court at the appointed time; or

    (g)  a finding of guilt against the defendant by a court of competent jurisdiction.

    Amended by Chapter 234, 2016 General Session