1. Applicable Statutes

Missouri Statutes Title XXIV: Business and Financial Institutions, Chapter 374: Insurance

Missouri Statutes Title XXXVII: Criminal Procedure, Chapter 544: Arrest, examination, commitment and bail.

The regulatory body is the Department of Insurance.

2. Licensing Requirements

Bail bond agents must comply with the following for licensure: [MRS 374.760, 374.710]

• Obtain 24 hours of initial basic training in subjects pertaining to the bail bond profession.
• Be a United States citizen and a least 21 years of age
• Have a high school diploma or GED
• Submit application forms, pass examination, and pay required fees
• Be of good moral character
• File each month an affidavit stating there are no unsatisfied judgments against him.

3. Notice of Forfeiture [MRS 374.770]

If the defendant fails to appear, the court shall declare a forfeiture, unless the defendant is incarcerated.

4. Forfeiture to Judgment [MRS 374.763]

If any final judgment ordering forfeiture of a defendant's bond is not paid within a six-month period of time, the court shall extend the judgment date or notify the department of the failure to satisfy such judgment. The director shall draw upon the assets of the surety, remit the sum to the court, and obtain a receipt of such sum from the court. The director may take action as provided by section 374.755, regarding the license of the surety and any bail bond agents writing upon the surety's liability.

5. Forfeiture Defenses [MRS 374.770]

If the defendant fails to appear, the court shall declare a forfeiture, unless the defendant is incarcerated.

If a forfeiture is not ordered because the defendant is incarcerated somewhere within the United States , the surety is responsible for the return of the defendant. If bond forfeiture is ordered and the surety can subsequently prove the defendant is incarcerated somewhere within the United States , then the bond forfeiture shall be set aside and the surety be responsible for the return of the defendant. When the surety notifies the court of the whereabouts of the defendant, a hold order shall be placed by the court having jurisdiction on the defendant in the state in which the defendant is being held.

6. Remission

There appear to be no provisions relating to remission.

7. Bail Agent's Arrest Authority

Bail agents have arrest authority and do not need further authorization to act in bail recovery.

When a bail desires to surrender his principal, he may procure a copy of the recognizance from the clerk, by virtue of which the bail, or any person authorized by him, may take the principal in any county within this state. [MRS 544.600]

8. Other Noteworthy Provisions

9. Noteworthy Appellate Decisions

State v. Head , 804 S.W.2d 833 (App. W.D. 1991). 

The section providing that surety is entitled to have bail bond forfeiture set aside if forfeiture is ordered and surety can subsequently prove that defendant is incarcerated would not be read to have additional requirement that incarceration must be as of time of bond forfeiture.

State v. Foster , 512 S.W.2d 448 (App. 1974).

If a surety has taken every step possible in making defendant available to the jurisdiction of the State, so that at time of hearing for judgment on bond the only step necessary to produce defendant for trial is that an official of the State travel to a foreign prison to take custody of defendant, forfeiture of the bond should be set aside to extent that it exceeds any costs incurred by State in transporting defendant to state detention facility.

State v. Woods, 984 S.W.2d 201 (Mo.App. W.D. 1999).

Defendant was convicted second-degree assault and first-degree trespassing for breaking and entering victim's home in search of bond jumper and for shooting victim. Defendant appealed. The Court of Appeals held that: (1) there was sufficient evidence that defendant knowingly entered residence unlawfully to support trespass conviction; (2) no instruction on ignorance or mistake of the law was warranted; and (3) tape of emergency 911 call made by defendant's partner after incident was excludable.  Affirmed.

State v. Siemens , 12 S.W.3d 776 (Mo.App. W.D 2000).

Bonding company moved to set aside judgment ordering forfeiture of bond for accused's failure to appear at trial, claiming that accused was incarcerated after initial order of forfeiture. The Circuit Court denied the motion. Bonding company appealed. The Court of Appeals held that Circuit Court was statutorily required to set aside forfeiture.  Reversed and remanded with directions.

State ex rel. Wright v. Poelker, 548 S.W.2d 285 (App. 1977).

Activity engaged in by deputy marshal of city while on leave of absence, acting as bail bondsman in city courts, constituted "conflict of interest" justifying dismissal from position as deputy marshal where, at time of commission hearing resulting in dismissal, judgments of forfeiture on bonds signed by him were still outstanding where, if he were reinstated at time he requested it, it would be possible for further forfeitures to occur on bonds written while he was on leave, and where testimony of city marshal indicated that part of his job included collecting on bail bond judgments.

State v. Cummings, 724 S.W.2d 316 ( App. S.D. 1987).

Bail bond agent, whom State claimed had not acted with diligence or had acquiesced or participated in removal of defendant to another jurisdiction, nevertheless was entitled to have bail bond forfeiture set aside, where defendant was incarcerated in federal prison.

State v. Virgilito, 377 S.W.2d 361 (Sup. 1964).

Ten-year statute, governing actions upon writing for payment of money, rather than three-year statute (§ 516.130), governing actions for penalty or forfeiture, was applicable to proceeding on motion for default judgment on bail bond.

10. Bounty Hunter Provisions [MRS 374.695 to 374.77]

Bounty Hunters are known as surety recovery agents.

No person shall hold himself or herself out as being a surety recovery agent in this state, unless such person is licensed in accordance with the provisions of sections 374.783 to 374.789. Licensed bail bond agents and general bail bond agents may perform fugitive recovery without being licensed as a surety recovery agent.

The director of Insurance shall have authority to license all surety recovery agents.

Surety Recovery Agents must comply with the following for licensure:

• Be a citizen of the United States and at least 21 years of age
• Have a high school diploma or GED
• Complete 24-hours of initial minimum training through an approved surety recovery agent course
• Receive 8 hours of additional training every two years

Prior law enforcement officers with at least two years of service within the ten years prior to submitting their application are exempt from the training requirements.

Agents shall inform law enforcement authorities and provide them with a certified copy of the bond in the city or county in which such agent intends such apprehension, before attempting such apprehension. [MRS 374.757]

The surety recovery agent shall inform the local law enforcement in the county or city where such agent is planning to enter a residence.