Colorado § 18-13-130 - Bail bond - prohibited activities - penalties.

§ 18-13-130. Bail bond - prohibited activities - penalties.

(1) It is unlawful for any person who engages in the business of writing bail bonds to engage in any of the following activities related to a bail bond transaction:

(a) Specify, suggest, or advise the employment of a particular attorney to represent the licensee's principal;

(b) Pay a fee or rebate or give or promise anything of value to a jailer, peace officer, clerk, deputy clerk, an employee of a court, district attorney or district attorney's employees, or any person who has power to arrest or to hold a person in custody;

(c) 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 or as counsel to represent the person who wrote or posted the bond or the person's representative or employees;

(d) Pay a fee or rebate or give or promise to give anything of value to the person on whose bond the person is surety;

(e) Accept anything of value from a person on whose bond the person in the business of writing bail bonds is surety or from others on behalf of the person except the fee or premium on the bond, but the producer or agent may accept collateral security or other indemnity if:

(I) No collateral or security in tangible property is taken by pledge or debt instrument that allows retention, sale, or other disposition of the property upon default except in accordance with article 9 of title 4, C.R.S.;

(II) No collateral or security interest in real property is taken by deed or any other instrument unless the interest in the property is limited to the amount of the bond and the interest is recorded in the name of the bail insurance company or insurance producer, cash-bonding agent, or professional cash-bail agent who posted the bond with the court;

(III) The collateral or security is not pledged directly to any court as security for any appearance bond; and

(IV) The person from whom the collateral or security is taken is issued a receipt describing the condition of the collateral at the time it is taken into custody;

(f) Coerce, suggest, aid and abet, offer promise of favor, or threaten any person on whose bail bond the person is surety or offers to become surety to induce that person to commit any crime;

(g) Post a bail bond in any court of record in this state while the name of the person is on the board under section 16-4-114 (5)(e), C.R.S., or under any circumstance where the person has failed to pay a bail forfeiture judgment after all applicable stays of execution have expired and the bond has not been exonerated or discharged;

(h) Except for the bond fee, to fail to return any nonforfeited collateral or security within fourteen days after receipt of a copy of the court order that results in a release of the bond by the court, or if the defendant fails to appear and the surety is exonerated, fails to return the collateral to the indemnitor upon request within fourteen days after the three-year period, unless:

(I) The collateral also secures another obligation, premium payment plan, or bail recovery fee; or

(II) The later of three years or, if the court grants an extension, six years have elapsed from the date the bond was posted.

(i) Accept anything of value from a person on whose bond the person in the business of writing bail bonds is indemnitor or from another on behalf of the principal except the premium, except as authorized by title 10, C.R.S., or any rule of the division of insurance promulgated under title 10, C.R.S.;

(j) Sign or countersign blank bail bonds;

(k) To have more than one bond posted at one time in one case on behalf of one person;

(l) Fail to issue to the person from whom collateral or security is taken a receipt that includes a description of the collateral or security when it is taken into custody.

(2) A person who violates subsection (1) of this section commits a class 2 misdemeanor. Any criminal penalty prescribed in this section for a violation of this article 13 is in addition to, and not exclusive of, any other applicable penalty prescribed by law.

Source: L. 2012: Entire section added, (HB 12-1266), ch. 280, p. 1526, § 46, effective July 1. L. 2013: (1)(g) amended, (HB 13-1236), ch. 202, p. 843, § 10, effective May 11. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3217, § 376, effective March 1, 2022.

Editor's note: This section is similar to former § 12-7-109 (1) and (2) as it existed prior to 2012.

ANNOTATION

Annotator's note. Since § 18-13-130 is similar to § 12-7-109 as it existed prior to its 2012 relocation with amendments to this section, a relevant case construing that provision has been included in the annotations to this section.

A constitutional challenge on the basis of vagueness to this section is without merit since this section is definite that gifts shall not be made to court employees by professional bondsmen. Herbertson v. Dept. of Ins., 173 Colo. 327, 478 P.2d 668 (1970).

It is generally recognized that the bail bond business is a matter of public concern, and hence, is subject to reasonable regulation under the police power of the state. Herbertson v. Dept. of Ins., 173 Colo. 327, 478 P.2d 668 (1970).

Where the general assembly has proscribed the making of a gift to certain specified officials with whom bail bondsmen must deal in the normal course of their licensed activities, and has not required that such act be done with an evil purpose, guilty knowledge, scienter, or mens rea, held, under such circumstances, the constitutional challenge to this section on the basis of lack of mens rea or criminal intent is without merit. Herbertson v. Dept. of Ins., 173 Colo. 327, 478 P.2d 668 (1970).