1. Applicable Statutes

Arkansas Code Article 17: Chapter 19, Bail Bondsmen

Arkansas Code: Title 16: Practice, Procedure and Court, Subtitle 6, Chapter 84: Bail Generally

2. Licensing Requirements [AC 17-19-201 et. seq.]

A professional bail bondsman must comply with the following for licensure:

• Be a resident of Arkansas
• Hold a valid appointment from a professional bail bond company and a numbered power of attorney
• Pay an annual $100 license fee
• File with the Professional Bail Bond Company and Professional Bail Bondsman Licensing Board written statements from at least 3 persons who know his or her character
• Submit to and pay for fingerprinting and criminal background check
• Pay a $25 examination fee and pass the written examination
• Complete a minimum of 8 hours of education in subjects pertaining to the authority and responsibilities of a bail bondsman and a review of the laws and regulations relating thereto
• Submit such other proof as the board may require that he or she is competent, trustworthy, financially responsible, and of good personal and business reputation and has not been convicted of a felony or any offense involving moral turpitude.

A professional bail bond company must comply with the following for licensure: [AC 17-19-202]

• Prove that it is an Arkansas corporation or if a foreign corporation, that is registered to do business in Arkansas . Proof of its most recent payment of the annual franchise tax is also required
• Pay the annual license fee of $1,000
• File with the Board an irrevocable letter of credit from an Arkansas chartered bank or a federally chartered bank in Arkansas . The minimum amount for company licensed before July 1, 1989 shall be $25,000, After July 7, 1989, the amount shall be $100,000. [17-29-205]

The regulatory body is the Arkansas Professional Bail Bond Company and Professional Bail Bondsman Licensing Board comprised of seven members approved by the governor for seven-year term. [17-19-106]

3. Notice of Forfeiture

If the defendant fails to appear in district court: [AC 16-84-201]

• The court shall promptly issue an order requiring the surety to appear, on a date set by the district court not more than one hundred twenty (120) days after the issuance of the order, to show cause why the sum specified in the bail bond or the money deposited in lieu of bail should not be forfeited.
• The one hundred twenty-day period in which the defendant must be surrendered or apprehended pursuant to subdivision (c)(2) of this section begins to run from the date notice is sent by certified mail to the surety company at the address shown on the bond, whether or not it is received by the surety.

If the defendant fails to appear in the circuit court: [AC 16-84-207]

• The court shall immediately issue a summons on each surety on the bail bond requiring the surety to personally appear on the date and time stated in the summons to show cause why judgment should not be rendered for the sum specified in the bail bond on account of the forfeiture.
• If the defendant is apprehended and brought before the circuit court within seventy-five (75) days of the date notification is sent under subdivision (b)(2)(A) of this section, then no judgment of forfeiture may be entered against the surety.

• The surety shall be liable for the cost of returning the defendant to the circuit court in an amount not to exceed the face amount of the bond.

4. Forfeiture to Judgment [AC 16-84-201]

If after 120 days in the district court, or 75 days in the circuit court, the defendant has not surrendered or been arrested, the bail bond may be forfeited without further notice or hearing.

5. Forfeiture Defenses [AC 16-84-201]

If the defendant is surrendered or arrested, or good cause is shown for his or her failure to appear before judgment is entered against the surety, the district court shall exonerate a reasonable amount of the surety's liability under the bail bond.

If the surety causes the apprehension of the defendant or the defendant is apprehended within one hundred twenty (120) days from the date of receipt of written notification to the surety of the defendant's failure to appear, no judgment or forfeiture of bond may be entered against the surety, except as provided in subsection (e) of this section.

No judgment or forfeiture will be entered against the surety where:

• A sworn affidavit of a physician shows that the defendant is prevented from attending by some physical or mental disability;
• A sworn affidavit of the jailer, warden, or other responsible officer of a jail or penitentiary in which the principal is being detained shall be furnished for the court; or
• A sworn affidavit of any officer in charge is furnished the court showing that the principal in the bond is prevented from attending due to the fact that he is being detained by a force claiming to act under the authority of the federal government which neither the state nor the surety could control.

The appearance or bail bond shall remain in full force and effect until the principal is physically or mentally able to appear or until a detainer against the principal is filed with the detaining authority.

6. Remission

There appears to be no period of remission in Arkansas .

7. Bail Agent's Arrest Authority [AC 16-84-114]

• For the purpose of surrendering the defendant, the surety may obtain from the officer having in his custody the bail bond or recognizance a certified copy thereof, and thereupon at any place in the state may arrest the defendant.

• The surety may arrest the defendant without the certified copy.

• Any bail bond agent attempting to apprehend a defendant shall notify the local law enforcement agency or agencies of his or her presence and provide the local law enforcement agency or agencies with the defendant's name, charges, and suspected location.

8. Other Noteworthy Provisions

Each company shall charge and collect from the defendant a non-refundable fee an additional $10.00 per bail bond which shall be collected quarterly and filed with the Insurance Commissioner no later than 15 days after the end of the quarter [AC 17-19-111(b)(1) and (2)].

9. Noteworthy Appellate Decisions

10. Bounty Hunter Laws

No person shall represent himself or herself to be a bail enforcement agent, bounty hunter, or similar title in this state. [AC 16-84-114]