1. KANSAS STATUTES ANNOTATED CHAPTER 22.--CRIMINAL PROCEDURE KANSAS CODE OF CRIMINAL PROCEDURE ARTICLE 28.--CONDITIONS OF RELEASE 22-2806 – 22-809.

2. Kansas appears to have had extensive provisions regarding bail at one time in KANSAS STATUTES ANNOTATED CHAPTER 61.--PROCEDURE, CIVIL, FOR LIMITED ACTIONS ARTICLE 3.--ARREST AND BAIL. This entire article, however, has been repealed.

There do not appear to be any specific licensing requirement for bail recovery agents or anything of the exact equivalent. The Kansas statutes do provide, however, approval procedures for a "surety." In addition, the Kansas Attorney General Opinion, given below, provides further clarification on what a "surety" is. According to the opinion, non-insurance company bail bonds, or "pocket-bonds," may only be issued by an individual and not a company. 22-2806’s requirements for surety approval, therefore, may have application and be limited to individuals.

 

1. KANSAS STATUTES ANNOTATED CHAPTER 22.--CRIMINAL PROCEDURE KANSAS CODE OF CRIMINAL PROCEDURE ARTICLE 28.--CONDITIONS OF RELEASE 22-2806.

Establishes provisions for justification and approval of sureties.

• Every surety, except an insurance company authorized to transact business pursuant to subsection (d) of K.S.A. 40-1102, shall justify by affidavit and may be required to describe in the affidavit the property by which such surety proposes to justify and the encumbrances thereon, the number and amount of other bonds and undertakings for bail entered into by such surety and remaining undischarged and all such surety's other liabilities.

• No bond shall be approved unless the surety appears to be qualified. The appearance bond and the sureties may be approved and accepted by a judge of the court where the action is pending or by the sheriff of the county.

• The regulatory body is the Insurance Department.

2. Office of the Attorney General, State of Kansas. Opinion No. 87-11.

January 20, 1987.

Re: Insurance--General Provisions Relative to Casualty, Surety and Fidelity Companies--Bail Bonding Companies

Synopsis: There are generally two types of bonds accepted by courts in criminal proceedings. Insurance bail bonds are issued by a licensed surety under the authority of K.S.A. 40-1102. Non-insurance company bail bonds (commonly referred to as 'pocket bonds') are issued under the authority of K.S.A. 22-2806. Only a natural person may write 'pocket bonds' under the authority and regulation of K.S.A. 22-2806. A company may not write 'pocket bonds' under the purported authority of K.S.A. 22-2806 as such action would be in violation of K.S.A. 40-214 and the Uniform Unauthorized Insurers Act, K.S.A. 40-2701 et seq. Cited herein: K.S.A. 22-2806; 40-201; 40-214; ) 40-1101; 40-1102; 40-2701 et seq.

1. KANSAS STATUTES ANNOTATED CHAPTER 22.--CRIMINAL PROCEDURE KANSAS CODE OF CRIMINAL PROCEDURE ARTICLE 28.--CONDITIONS OF RELEASE 22-2807.

Deals with forfeiture of appearance bonds.

 

• If there is a breach of condition of an appearance bond, the court in which the bond is deposited shall declare a forfeiture of the bail.

• The motion and notice thereof may be served by the court, through the clerk, who shall mail copies to the obligors to their last known addresses.

• No default judgment shall be entered against the obligor in an appearance bond until more than 10 days after notice is served.

2. KANSAS STATUTES ANNOTATED CHAPTER 22.--CRIMINAL PROCEDURE KANSAS CODE OF CRIMINAL PROCEDURE ARTICLE 27.--UNIFORM CRIMINAL EXTRADITION ACT 22-2718.

Deals with forfeiture of bail in general.

• If the prisoner is admitted to bail, and fails to appear and surrender himself according to the conditions of his bond, the judge shall declare the bond forfeited and order his immediate arrest without warrant if he be within this state.

• Recovery may be had on such bond in the name of the state as in the case of other bonds given by the accused in criminal proceedings within this state.

1. See Section A above, 22-807 subparagraph 3.

• No default judgment shall be entered against the obligor in an appearance bond until more than 10 days after notice is served.

1. KANSAS STATUTES ANNOTATED CHAPTER 22.--CRIMINAL PROCEDURE KANSAS CODE OF CRIMINAL PROCEDURE ARTICLE 28.--CONDITIONS OF RELEASE 22-2807.

Deals with forfeiture of appearance bonds.

 

• The court may direct the forfeiture be set aside, upon such conditions as the court may impose, if it appears that justice does not require the enforcement of the forfeiture. (i.e. at the court’s discretion).

2. KANSAS STATUTES ANNOTATED CHAPTER 22.--CRIMINAL PROCEDURE KANSAS CODE OF CRIMINAL PROCEDURE ARTICLE 28.--CONDITIONS OF RELEASE 22-2808.

Sets forth conditions for exoneration.

 

• When the condition of the appearance bond has been satisfied or the forfeiture thereof has been set aside or remitted, the court shall exonerate the obligors and release them from liability.

• A surety may be exonerated by a deposit of cash in the amount of the bond or by a timely surrender of the defendant into custody.

1. KANSAS STATUTES ANNOTATED CHAPTER 22.--CRIMINAL PROCEDURE KANSAS CODE OF CRIMINAL PROCEDURE ARTICLE 28.--CONDITIONS OF RELEASE 22-2807.

Deals with forfeiture of appearance bonds.

 

• After entry of such judgment, the court may remit it in whole or in part under the conditions applying to the setting aside of forfeiture in subsection (2).

• (2) The court may direct forfeiture be set aside, upon such conditions as the court may impose, if it appears that justice does not require the enforcement of the forfeiture. (i.e. at the court’s discretion).

2. State v. Midland Insurance Co., 494 P.2d 1228.

• Where surety redelivers defendant to sheriff at its own expense, motion to set aside bond forfeiture will be allowed to stand.

1. KANSAS STATUTES ANNOTATED CHAPTER 22.--CRIMINAL PROCEDURE KANSAS CODE OF CRIMINAL PROCEDURE ARTICLE 28.--CONDITIONS OF RELEASE 22-2809.

Establishes arrest and surrender authority, and procedure, of an obligor by a surety.

 

• Any person who is released on an appearance bond may be arrested by his surety or any person authorized by such surety and delivered to a custodial officer of the court in any county in the state in which he is charged.

• A surety may subsequently bring the arrested person and before any magistrate having power to commit for the crime charged.

• At the request of the surety, the magistrate shall commit the party and indorse on the bond, or a certified copy thereof, the discharge of such surety.

1. KANSAS STATUTES ANNOTATED CHAPTER 21.--CRIMES AND PUNISHMENTS KANSAS CRIMINAL CODE (ARTICLES 31 TO 47) PART II.--PROHIBITED CONDUCT ARTICLE 38.--CRIMES AFFECTING GOVERNMENTAL FUNCTIONS 21-3835.

Establishes that violation of a court order may result in forfeiture of bail.

 

• Violation of an order entered pursuant to K.S.A. 21-3834 may be punished by:

• Revocation of any form of pretrial release of a criminal defendant or by the forfeiture of bail and the issuance of a bench warrant for the defendant's arrest or remanding the defendant into custody.

• After a hearing and upon a showing by clear and convincing evidence, the court, in its sound discretion, may order the revocation whether the violation was committed by the defendant personally or in any way caused or encouraged it to be committed.

1. KANSAS STATUTES ANNOTATED CHAPTER 21.--CRIMES AND PUNISHMENTS KANSAS CRIMINAL CODE (ARTICLES 31 TO 47) PART II.--PROHIBITED CONDUCT ARTICLE 38.--CRIMES AFFECTING GOVERNMENTAL FUNCTIONS 21-3825.

Prohibits false impersonation, including that of a bail.

 

• Aggravated false impersonation is falsely representing or impersonating another and in a falsely assumed character.

• Falsely acting as bail or security, or acknowledging any recognizance, or executing any bond or other instrument as bail or security, for any party in any proceeding, civil or criminal, before any court or officer authorized to take such bail or security; is punishable under this section.

1. STATE of Kansas, Appellee, v. William D. BUCKLE and Alta Buckle, Appellants.

No. 51325.

Court of Appeals of Kansas.

Dec. 28, 1979.

 

• Judgment on a forfeited appearance bond reversed because sufficient notice was not given to fairly apprise the surety of the action proposed to be taken.

Surety on appearance bond appealed from a judgment of default rendered by the Montgomery District Court, Raymond Belt, Associate Judge, for the $20,000 face amount of the bond. The Court of Appeals held that: (1) assuming there had been a motion to set aside forfeiture of appearance bond, mere suggestion of death of defendant would not have prevented rendering of a valid judgment against surety; (2) the motion for judgment and accompanying documents served on surety did not adequately apprise her that judgment would be taken against her; and (3) surety did not waive the required notice.

The order of forfeiture was reversed.

1. STATE of Kansas, Appellee, v. INDEMNITY INSURANCE CO. OF NORTH

AMERICA, Appellant.

No. 54727.

Court of Appeals of Kansas.

Nov. 10, 1983.

Review Denied Jan. 30, 1984.

 

• The trial court did not abuse discretion in ordering a bond forfeited even though the defendant failed to appear on additional charges not originally covered.

Appeal was taken by corporate surety on criminal appearance bond from judgment against it (in the Neosho District Court ) after forfeiture of a bond. The Court of Appeals held that: (1) filing of additional charges against defendant did not relieve surety from liability on bond, and (2) trial court did not abuse its discretion in refusing to set aside bond forfeiture.

• The trial court’s forfeiture of the bond was affirmed.

There appear to be no specific regulations for "Bounty Hunters" in the Kansas statutes. (See KS 22-2809)

 

1. Applicable Statutes

Kansas Statutes Chapter 22: Criminal Procedure, Article 28: Conditions of Release

KS 22-2806 through KS 22-2809.

 

The regulatory body is the Insurance Department.

 

2. Licensing Requirements [KS 22-2809a]

 

• A "Surety" means a person or commercial surety, other than a defendant in a criminal proceeding, that guarantees the appearance of a defendant in a criminal proceeding, by executing an appearance bond;
• An “agent of a surety" means a person not performing the duties of a law enforcement officer who tracks down, captures and surrenders to the custody of a court a fugitive who has violated a surety or bail bond agreement.
• Every surety, except an insurance company authorized to transact business pursuant to subsection (d) of K.S.A. 40-1102, and amendments thereto, shall justify by affidavit and may be required to describe in the affidavit the property by which such surety proposes to justify and the encumbrances thereon, the number and amount of other bonds and undertakings for bail entered into by such surety and remaining undischarged and all such surety's other liabilities.
• No bond shall be approved unless the surety appears to be qualified. The appearance bond and the sureties may be approved and accepted by a judge of the court where the action is pending or by the sheriff of the county.
• No person who, within the past 10 years, has been convicted of a felony, may act as a surety or as an agent of a surety.

 

 

3. Notice of Forfeiture [KS 22-2807.]

 

If there is a breach of condition of an appearance bond, the court in which the bond is deposited shall declare a forfeiture of the bail.

The motion and notice thereof may be served on the clerk of the court, who shall forthwith mail copies to the obligors to their last known addresses.

 

 

4. Forfeiture to Judgment

When a forfeiture has not been set aside, the court shall on motion enter a judgment of default and execution may issue thereon.

 

No default judgment shall be entered against the obligor in an appearance bond until more than 10 days after notice is served as provided herein.

 

 

5. Forfeiture Defenses

 

The court may direct that a forfeiture be set aside, upon such conditions as the court may impose, if it appears that justice does not require the enforcement of the forfeiture. [KS 22-2807]

 

 

6. Remission

 

After entry of a judgment, the court may remit it in whole or in part under the conditions applying to the setting aside of forfeiture in subsection. (See forfeiture defenses)

 

7. Bail Agent's Arrest Authority [KS 22-2809]

Any person who is released on an appearance bond may be arrested by such person's surety or any person authorized by such surety and delivered to a custodial officer of the court in any county in the state in which such person is charged. The magistrate shall indorse on the bond, or a certified copy of such bond, the discharge of such surety upon the sworn statement, either written or oral, of the surety setting forth the reasons for the discharge.

 

8. Other Noteworthy Provisions

 

9. Noteworthy Appellate Decisions

State of Kansas v. Indemnity Insurance Co. of North America Court of Appeals of Kansas, Nov. 10, 1983.

Appeal was taken by corporate surety on criminal appearance bond from judgment against it (in the Neosho District Court) after forfeiture of a bond. The Court of Appeals held that: (1) filing of additional charges against defendant did not relieve surety from liability on bond, and (2) trial court did not abuse its discretion in refusing to set aside bond forfeiture. The trial court did not abuse discretion in ordering a bond forfeited even though the defendant failed to appear on additional charges not originally covered. The trial court's forfeiture of the bond was affirmed.

 

 

10. Bounty Hunter Provisions [KS 22-2809a]

• Any surety or agent of a surety, commonly referred to as a bounty hunter, who intends to apprehend any person shall inform law enforcement authorities in the city or county in which such surety or bounty hunter intends such apprehension, before attempting such apprehension.
• The surety or agent of a surety shall present to the local law enforcement authorities a certified copy of the bond, a valid government-issued photo identification, written appointment of agency, if not the actual surety, and all other appropriate paperwork identifying the principal and the person to be apprehended.
• Local law enforcement may accompany the surety or agent.
• No person who, within the past 10 years, has been convicted, in this or any other jurisdiction, of a person felony, may act as a surety or as an agent of a surety.