West Virginia Code of State Rules › Agency 114 - Insurance Commission › Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER › Series 114-103 - Bail Bondsmen in Criminal Cases › Section 114-103-5 - Responsibilities and Prohibited Activities

Current through Register Vol. XLI, No. 28, July 12, 2024
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.