1. Applicable Statutes

New Hampshire Statutes Annotated Title LIX. Proceedings in Criminal Cases, Chapter 597: Bail and Recognizances, § 597:7 – 36.

New Hampshire Statutes Annotated Title LIX. Proceedings in Criminal Cases, Chapter 598-A, Professional Bondsmen, § 598-A:1-6.

The regulatory body is the Secretary of State.

2. Licensing Requirements

Professional Bondsmen must comply with the following for licensure:

• Pay initial $400 application fee and $100 annual renewal fee [N.H. Rev. Stat. § 598-A:1-a]
• Be approved and registered with the Secretary of State.
• The Secretary of State shall set forth rules governing conduct for professional bondsmen.
• Approval and registration can be revoked for failure to pay a judgment after 30 days

3. Notice of Forfeiture

Forfeiture proceedings can begin immediately after the defendant's failure to appear. If any party recognized to appear makes default, the recognizance shall be declared forfeited, and the state may cause proceedings to be had immediately for the recovery of such forfeiture. [N.H. Rev. Stat. § 597:31]

4. Forfeiture to Judgment

The superior court may render judgment for the whole amount of any forfeited recognizance and interest and costs, or for such part thereof as the court may think proper.

There appears to be no grace period between forfeiture and judgment, but courts have discretion to vacate the default for good cause shown. [N.H. Rev. Stat. § 597:33]

5. Defenses to Forfeiture

Any court, for good cause, may strike off a default upon a recognizance or order it to be struck off at a future day, upon a substantial compliance with the condition. [N.H. Rev. Stat. § 597:32]

When the sureties in a recognizance, without their fault, are prevented from surrendering their principal by an act of God or of the government of the state or of the United States, or by sentence of law, the superior court, on petition and notice thereof to the county commissioners and state's counsel, may discharge them on such terms as may be deemed just. [N.H. Rev. Stat. § 597:30]

6. Remission

There does not appear to be specific provisions relating to remission, outside the court's discretion to strike a default for good cause shown. See N.H. Rev. Stat. § 597:32.

7. Bail Agent's Arrest Authority

After the bond has been declared forfeited, the agent may arrest the defendant. See N.H. Rev. Stat. § 618:12.

8. Other Noteworthy Provisions

9. Noteworthy Appellate Decisions

The State of New Hampshire v. Nicholas MOCCIA et al. , (N.H. 1980).

A bail bondsmen sought to overturn a forfeiture of bail ordered by the lower court. The Supreme Court held that (1) even though bail bondsman might have executed a new bond with principals during pendency of their appeal, the Superior Court was not obligated to notify bondsman of conviction of his principals and failure to do so did not entitle bondsman to discharge on the bonds, and (2) if bondsman had no notice of principals' trial date and thus no opportunity to cause principals to appear, default should be stricken and bondsman given reasonable time in which to bring the principals before the court, but, after notice, should bondsman fail in his task, court could take appropriate steps to declare a forfeiture. The case was reversed and remanded.

John DOE et al. v. Thomas F. O'BRIEN et al. , (N.H. 1966).

The Supreme Court held that insurer was not properly licensed to serve as a professional bondsman where it had not complied with statute pertaining to registration of professional bondsmen with the clerk of court even though insurer was licensed under another statute as a foreign insurance company to transact business as a surety. The failure of clerk of court to accept surety on the defendant's bail bond for reason that surety was not registered as a professional bondsman was not a de facto deprivation of defendant's right to bail.

10. Bounty Hunter Provisions [N.H. Rev. Stat. § 597:7b]

"Recovery agent" means a person who is offered or given any compensation by a bail agent or surety in exchange for assisting the bail agent or surety in apprehending or surrendering any defendant, or keeping the defendant under necessary surveillance.

Any person who operates as a recovery agent in this state, excluding licensed private detectives, shall be trained and certified through a program approved by the Professional Bail Agents of the United States and shall register annually with the secretary of state. The secretary of state shall issue to each registered recovery agent proof of such registration.

Effective July 1, 2000, each bail agency operating in this state shall annually provide to the secretary of state proof of liability insurance coverage in the amount of $300,000 for bail recovery activities of the agency's bail agents and bail recovery agents.