§ 58-71-95. Prohibited practices.
§58‑71‑95. Prohibited practices.
No bail bondsman or runnershall:
(1) Pay a fee or rebateor give or promise anything of value, directly or indirectly, to a jailer, law‑enforcementofficer, committing magistrate, or any other person who has power to arrest orhold in custody, or to any public official or public employee in order tosecure a settlement, compromise, remission or reduction of the amount of anybail bond or the forfeiture thereof, including the payment to law‑enforcementofficers, directly or indirectly, for the arrest or apprehension of a principalor principals who have caused or will cause a forfeiture.
(2) Pay a fee or rebateor give anything of value to an attorney in bail bond matters, except indefense of any action on a bond.
(3) Pay a fee or rebateor give or promise anything of value to the principal or anyone in his behalf.
(4) Participate in thecapacity of an attorney at a trial or hearing of one on whose bond he issurety, nor suggest or advise the employment of, or name for employment anyparticular attorney to represent his principal.
(5) Accept anything ofvalue from a principal or from anyone on behalf of a principal except thepremium, which shall not exceed fifteen percent (15%) of the face amount of thebond; provided that the bondsman shall be permitted to accept collateralsecurity or other indemnity from a principal or from anyone on behalf of aprincipal. Such collateral security or other indemnity required by the bondsmanmust be reasonable in relation to the amount of the bond and shall be returnedwithin 72 hours after final termination of liability on the bond. Any bailbondsman who knowingly and willfully fails to return any collateral security,the value of which exceeds one thousand five hundred dollars ($1,500), isguilty of a Class I felony. All collateral security, such as personal and realproperty, subject to be returned must be done so under the same conditions asrequested and received by the bail bondsman.
(6) Solicit business inany of the courts or on the premises of any of the courts of this State, in theoffice of any magistrate and in or about any place where prisoners areconfined. Loitering in or about a magistrate's office or any place whereprisoners are confined shall be prima facie evidence of soliciting.
(7) Advise or assist theprincipal for the purpose of forfeiting bond.
(8) Impersonate a law‑enforcementofficer.
(9) Falsely representthat the bail bondsman or runner is in any way connected with an agency of thefederal government or of a state or local government. (1963,c. 1225, s. 20; 1975, c. 619, s. 1; 1993, c. 409, s. 18; 1995 (Reg. Sess.,1996), c. 726, s. 16; 1998‑211, s. 31; 2000‑180, s. 5.)