SB164 Alabama 2011 Session

Summary

Primary Sponsor

Cam Ward

Republican

Session

Regular Session 2011

Title

Criminal bail bonds, bondsmen and professional surety companies, requirements increased, Secs. 15-13-22, 15-13-159 am'd.

Summary

SB164 would tighten bail-bond requirements by raising bond amounts for non-corporate bondsmen and introducing escrow and reporting rules for bonds and professional surety companies.

What This Bill Does

It increases the required bond amount for non-corporate bondsmen from 25,000 to 50,000 dollars. It requires bondsmen and professional surety companies to place in escrow five percent of the total outstanding liability above 500,000 dollars, up to a maximum of 200,000 dollars, in a federally insured, interest-bearing account. It requires monthly liability reports to the circuit clerk in each county where the person does business, detailing outstanding liability and the escrowed amount, and allows suspension of bail-certification if escrow rules are not followed. For professional surety companies, it adds an annual authorization process with required documents from the Department of Insurance, a qualifying power of attorney, agent licenses, and certifications about ownership, conflicts of interest, and past compliance, and it mirrors the escrow and reporting requirements above.

Who It Affects

• Bondsmen who are not corporations qualified to do a bonding business in Alabama: must post a $50,000 bond and place escrow of 5% of liability over $500,000 (up to $200,000) plus monthly liability reporting.
• Professional surety companies: must obtain an annual authorization, provide required Department of Insurance documents and agent licenses, supply qualifying powers of attorney and compliance certifications, and also place escrow and file monthly liability reports.
• Circuit clerks and probate judges: oversee bond approvals, receive liability and escrow reports, and may suspend a bondsman's or profession surety’s authority if reports show noncompliance.

Key Provisions

• Amends §15-13-22 to raise the required bond amount for non-corporate bondsmen to $50,000 (from $25,000; previously $10,000 in Cullman County).
• Adds an escrow requirement for non-corporate bondsmen and professional surety companies: place five percent of total outstanding liability in excess of $500,000 into a federally insured, interest-bearing account, up to a maximum of $200,000.
• Requires monthly liability reports to the circuit clerk in each county where the bondsman or company does business, stating outstanding liability and escrowed amount; noncompliance can suspend certification to write bail.
• Amends §15-13-159 to require professional surety companies to obtain an annual authorization order, and to submit Department of Insurance documents, a qualifying power of attorney, agent licenses, and certifications about ownership, conduct, and compliance.
• Requires professional surety companies to maintain escrow and monthly liability reporting similar to non-corporate bondsmen, with suspension mechanisms for noncompliance.
• Overall, the bill increases financial safeguards around bail bonds and expands oversight of both non-corporate bondsmen and professional surety companies.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes and Offenses