(1) It is unlawful for any person who engages in the business of writing bail bonds to engage in any of the following activities related to a bail bond transaction:
(a) Specify, suggest, or advise the employment of a particular attorney to
represent the licensee’s principal;
(b) Pay a fee or rebate or give or promise anything of value to a jailer, peace
officer, clerk, deputy clerk, an employee of a court, district attorney or district
attorney’s employees, or any person who has power to arrest or to hold a person in
custody;
(c) Pay a fee or rebate or give anything of value to an attorney in bail bond
matters, except in defense of any action on a bond or as counsel to represent the
person who wrote or posted the bond or the person’s representative or employees;
(d) Pay a fee or rebate or give or promise to give anything of value to the
person on whose bond the person is surety;
(e) Accept anything of value from a person on whose bond the person in the
business of writing bail bonds is surety or from others on behalf of the person
except the fee or premium on the bond, but the producer or agent may accept
collateral security or other indemnity if:
(I) No collateral or security in tangible property is taken by pledge or debt
instrument that allows retention, sale, or other disposition of the property upon
default except in accordance with article 9 of title 4, C.R.S.;
(II) No collateral or security interest in real property is taken by deed or any
other instrument unless the interest in the property is limited to the amount of the
bond and the interest is recorded in the name of the bail insurance company or
insurance producer, cash-bonding agent, or professional cash-bail agent who
posted the bond with the court;
(III) The collateral or security is not pledged directly to any court as security
for any appearance bond; and
(IV) The person from whom the collateral or security is taken is issued a
receipt describing the condition of the collateral at the time it is taken into custody;
(f) Coerce, suggest, aid and abet, offer promise of favor, or threaten any
person on whose bail bond the person is surety or offers to become surety to induce
that person to commit any crime;
(g) Post a bail bond in any court of record in this state while the name of the
person is on the board under section 16-4-114 (5)(e), C.R.S., or under any
circumstance where the person has failed to pay a bail forfeiture judgment after all
applicable stays of execution have expired and the bond has not been exonerated
or discharged;
(h) Except for the bond fee, to fail to return any nonforfeited collateral or
security within fourteen days after receipt of a copy of the court order that results
in a release of the bond by the court, or if the defendant fails to appear and the
surety is exonerated, fails to return the collateral to the indemnitor upon request
within fourteen days after the three-year period, unless:
(I) The collateral also secures another obligation, premium payment plan, or
bail recovery fee; or
(II) The later of three years or, if the court grants an extension, six years have
elapsed from the date the bond was posted.
(i) Accept anything of value from a person on whose bond the person in the
business of writing bail bonds is indemnitor or from another on behalf of the
principal except the premium, except as authorized by title 10, C.R.S., or any rule of
the division of insurance promulgated under title 10, C.R.S.;
(j) Sign or countersign blank bail bonds;
(k) To have more than one bond posted at one time in one case on behalf of
one person;
(l) Fail to issue to the person from whom collateral or security is taken a
receipt that includes a description of the collateral or security when it is taken into
custody.
(2) A person who violates subsection (1) of this section commits a class 2
misdemeanor. Any criminal penalty prescribed in this section for a violation of this
article 13 is in addition to, and not exclusive of, any other applicable penalty
prescribed by law.
L. 2012: Entire section added, (HB 12-1266), ch. 280, p. 1526, § 46, effective July 1. L. 2013: (1)(g) amended, (HB 13-1236), ch. 202, p. 843, § 10, effective May 11. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3217, § 376, effective March 1, 2022.
This section is similar to former § 12-7-109 (1) and (2) as it existed prior to 2012.
