W. Va. Code R. § 114-103-5

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 114-103-5 - Responsibilities and Prohibited Activities

5.1. The bonding fee required by a bail bondsman shall be at least 10 percent of the amount of the bond, but shall not, in the aggregate, exceed the amount of the bond. The bonding fee may be paid in full at the time of the issuance of the bond, or at least three percent paid at the issuance of the bond with the remaining percentage to be paid over a period not to exceed 12 months.

5.2. A bail bondsman, or any agent, clerk, or representative thereof shall not, either directly or indirectly, charge, accept, or receive any sum of money, or other thing of value, other than the authorized bonding fee from any person for whom he or she has posted or executed bond, for any other service whatsoever performed in connection with any indictment or charge upon which said person is bailed or held in the State of West Virginia.

5.3. A bail bondsman, or any agent, clerk or representative thereof, shall not, either directly or indirectly, give, donate, lend, contribute or promise to give, donate, loan, or contribute any money, property, entertainment, or other thing of value whatsoever to any attorney, police officer, sheriff, deputy sheriff, constable, jailer, probation officer, clerk, or other attaché of a criminal court, or public official of any character for procuring or assisting in procuring any person to employ said bail bondsman to execute as surety any bond for compensation in any criminal case in the State of West Virginia. It shall further be unlawful for any attorney, police officer, sheriff, deputy sheriff, constable, jailer, probation officer, clerk, bailiff, or other attaché of a criminal court, or public official of any character, to accept or receive from any bail bondsman, or any agent, clerk, or representative thereof, money, property, entertainment, or other thing of value whatsoever for procuring or assisting in procuring any person to employ any bondsman to execute as surety any bond for compensation in any criminal case in the State of West Virginia.

5.4. A bail bondsman, or any agent, clerk, or representative thereof, shall not settle, attempt to settle, procure, or attempt to procure the dismissal of any indictment, information, or charge against any person in custody or held upon bond in the State of West Virginia, with any court, prosecuting attorney or police officer.

5.5. A bail bondsman, or any agent, clerk, or representative thereof, shall not procure, assist in procuring or attempt to procure the retention or employment of any attorney to represent any person charged with a crime in any court in this State. A bail bondsman shall not accept from any attorney, either directly or indirectly, a loan, donation, contribution, or promise to give, loan, donate, or contribute any money, property, entertainment, or other thing of value whatsoever to, or to split or divide any fee or commission with, any attorney for causing or procuring or assisting in causing or procuring any person to employ such attorney in any criminal case in the State of West Virginia.

5.6. A bail bondsman shall not have or attempt to have a personal relationship, which includes but is not limited to any type of a sexual relationship, with any person for whom the bail bondsman has posted a bond for the period during which the bond is posted regardless of whether said personal relationship is consensual or not. A bail bondsman is prohibited from accepting or attempting to obtain any type of personal service, favor, or nonmonetary item in lieu of payment for bond. This subsection is not subject to waiver by anyone under any circumstances.

5.7. A bail bondsman is prohibited from initiating contact with persons for whom arrest warrants are pending for the purpose of soliciting business.

5.8. A bail bondsman, or any agent, clerk, or representative thereof, is prohibited from entering a police precinct, jail, prison, court or other place of detention for the purpose of obtaining employment as a bail bondsman, without having been previously contacted by a person detained, or by some relative, or other authorized person acting for or on behalf of the person detained. Whenever a bail bondsman, or any agent, clerk, or representative thereof, enters a place of detention, he or she shall immediately identify the purpose of the visit and the name of the person who has contacted him or her to request their services.

5.9. No single bond shall be taken or approved which obligates the bail bondsman in any amount exceeding one-half of the bondsman's maximum amount of bonding authority.

5.10. A bail bondsman, or any agent, clerk or representative thereof, shall not impersonate a law enforcement officer or falsely represent that the bondsman is in any way connected with an agency of the federal, state or local government.

5.11. No police officer, sheriff, deputy sheriff, other law enforcement officer, judicial official, attorney, parole officer, probation officer, jailer, clerk, or other attaché of a criminal court may become surety on a bail bond for any person. In addition, no person covered by this subsection may act as an agent, clerk or representative for any bail bondsman or bail bonding business. No such person may have an interest, directly or indirectly, in the financial affairs of any firm or corporation whose principal business is acting as a bail bondsman. However, nothing in this subsection prohibits any such person from being surety upon the bond of his or her spouse, parent, brother, sister, child, grandchild, or dependent.

5.12. A bail bondsman shall not sign or countersign in blank bail bonds, nor shall he give a power of attorney to, or otherwise authorize, anyone to countersign his or her name to bonds unless the person so authorized is a licensed bondsman.

W. Va. Code R. § 114-103-5