CHAPTER 533
PROFESSIONAL BONDSMEN

      Sec. 29-144. Definition. Any person who makes a business of furnishing bail in criminal cases or who furnishes bail in five or more criminal cases in any one year, whether for compensation or otherwise, shall be deemed a professional bondsman and shall be subject to the provisions of this chapter. Any resident elector of the state of Connecticut who is of good moral character and of sound financial responsibility may, upon obtaining a license therefor in accordance with the provisions of this chapter, engage in the business of professional bondsman within this state.

      (1949 Rev., S. 3728.)

      Expressly exempts state from showing defendant received compensation. 25 CA 643.

      Sec. 29-145. Bondsmen to be licensed. Any person desiring to engage in the business of a professional bondsman shall apply to the Commissioner of Public Safety for a license therefor. Such application shall set forth under oath the full name, age, residence and occupation of the applicant, whether the applicant intends to engage in the business of a professional bondsman individually or in partnership or association with another or others, and, if so, the identity of each. It shall also set forth under oath a statement of the assets and liabilities of the applicant, and whether the applicant has been charged with or convicted of crime, and such other information, including fingerprints and photographs, as said commissioner from time to time may require. The commissioner shall require the applicant to submit to state and national criminal history records checks. The criminal history records checks required pursuant to this section shall be conducted in accordance with section 29-17a. No person who has been convicted of a felony shall be licensed to do business as a professional bondsman in this state. No person engaged in law enforcement or vested with police powers shall be licensed to do business as a professional bondsman.

      (1949 Rev., S. 3729; P.A. 77-614, S. 486, 610; P.A. 01-175, S. 24, 32.)

      History: P.A. 77-614 replaced commissioner of state police with commissioner of public safety, effective January 1, 1979; P.A. 01-175 added language re criminal history records checks in accordance with Sec. 29-17a and made a technical change for purposes of gender neutrality, effective July 1, 2001.

      Cited. 25 CA 643.

      Sec. 29-146. Investigation of applicant for license. Fee. Term of license. The Commissioner of Public Safety shall, upon receipt of such application, cause an investigation to be made of the character and financial responsibility of the applicant and, if he finds that such applicant is a resident elector of good moral character and of sound financial responsibility, he shall, upon payment by such applicant to the state of a license fee of two hundred dollars, issue a license to such applicant to do business in this state as a professional bondsman. Each such license shall be for such term not exceeding one year as said commissioner determines.

      (1949 Rev., S. 3730; P.A. 96-180, S. 154, 166; June Sp. Sess. P.A. 09-3, S. 313.)

      History: P.A. 96-180 substituted "The Commissioner of Public Safety" for "Said commissioner", effective June 3, 1996; June Sp. Sess. P.A. 09-3 increased license fee from $100 to $200.

      Sec. 29-147. Renewal, revocation or suspension of license. Each professional bondsman licensed under the provisions of this chapter may apply for a renewal of his license upon renewal application forms provided by the Commissioner of Public Safety and requiring the disclosure of such information as said commissioner requires in determining whether or not such professional bondsman's financial responsibility remains unimpaired or whether for any other reason such bondsman's fitness to continue in such business has been otherwise altered since the issuance of any prior license. Said commissioner may suspend for a definite term or revoke any license issued under the provisions of this chapter if it appears to said commissioner that such licensee has been convicted of a felony in this state or elsewhere or is engaged in any unlawful activity affecting his fitness to continue in the business of professional bondsman or that his financial responsibility has been substantially impaired.

      (1949 Rev., S. 3731; P.A. 77-614, S. 486, 610.)

      History: P.A. 77-614 replaced commissioner of state police with commissioner of public safety, effective January 1, 1979.

      Sec. 29-147a. Suspension of license for failure to pay forfeited bond. The Commissioner of Public Safety may suspend any license issued under the provisions of this chapter of any professional bondsman when he finds that such surety has failed to pay a forfeited bond. Such license shall remain so suspended and shall not be reinstated nor shall any such license be issued to such surety until such person pays such forfeited bond.

      (P.A. 80-312.)

      Sec. 29-148. Statement of assets and liabilities. Each professional bondsman licensed under the provisions of this chapter shall forthwith inform the Commissioner of Public Safety in writing of any material change in his assets or liabilities affecting his responsibility as a bondsman and shall at any time, upon request of said commissioner, furnish him with a statement under oath of his assets and liabilities, including all bonds on which such bondsman is obligated.

      (1949 Rev., S. 3732; P.A. 96-180, S. 155, 166.)

      History: P.A. 96-180 substituted "the Commissioner of Public Safety" for "said commissioner", effective June 3, 1996.

      Sec. 29-149. Notice to courts and municipal departments of names of bondsmen. The Commissioner of Public Safety shall furnish to all courts and to all town, city and borough departments in the state, having authority to accept bail, the names of all professional bondsmen licensed under the provisions of this chapter and shall forthwith notify such courts and all such town, city and borough departments of any change in any such bondsman's status or of the suspension or revocation of any bondsman's license to engage in such business.

      (1949 Rev., S. 3733; P.A. 96-180, S. 156, 166.)

      History: P.A. 96-180 substituted "The Commissioner of Public Safety" for "Said commissioner", effective June 3, 1996.

      Sec. 29-150. Oath of bondsmen. Form. Each professional bondsman shall, when furnishing surety for recognizances of any person charged with crime, take oath to the sufficiency of his security upon a uniform form furnished for such purpose by the clerk of the Superior Court and approved by the Commissioner of Public Safety. No person who offers himself as surety on bail in any criminal case shall falsely represent that he is the legal or equitable owner of any stated property.

      (1949 Rev., S. 3734; 1961, P.A. 129; 1969, P.A. 57; P.A. 74-183, S. 265, 291; P.A. 76-436, S. 228, 681; P.A. 77-614, S. 486, 610.)

      History: 1961 act provided for furnishing of forms by state police commissioner in lieu of superior court clerk; 1969 act required use of "uniform" form and transferred responsibility for furnishing form from state police commissioner to clerks of superior or circuit courts; P.A. 74-183 replaced circuit court with court of common pleas; P.A. 76-436 deleted reference to court of common pleas, effective July 1, 1978; P.A. 77-614 replaced commissioner of state police with commissioner of public safety, effective January 1, 1979.

      Sec. 29-151. Maximum commission or fee. Reports to Commissioner of Public Safety. No such professional bondsman shall charge for his commission or fee more than fifty dollars for the amount of bail furnished by him up to five hundred dollars, nor more than ten per cent of the amount of bail furnished by him from five hundred dollars up to five thousand dollars, nor more than seven per cent of the amount of bail furnished by him on sums in excess of five thousand dollars. When a professional bondsman has furnished bail to an accused in a criminal proceeding, the fee which he receives therefor shall be credited on account of his fee for any subsequent bail in an increased amount which he may furnish for the same person in the same criminal proceeding; but this provision shall not apply to bail furnished on appeal of a conviction or bindover of an accused. Each professional bondsman licensed under the provisions of this chapter shall annually, during the month of January, on forms furnished by the Commissioner of Public Safety, report to said commissioner in detail the names of the persons for whom such bondsman has become surety during the year ended December thirty-first preceding, with the date, the amount of bond and the fee charged and paid and such further information as said commissioner requires.

      (1949 Rev., S. 3735; 1969, P.A. 206; P.A. 77-614, S. 486, 610; P.A. 83-163; P.A. 86-183.)

      History: 1969 act increased bondsman's commission from $5 to $20 on bail amounts up to $300, rather than $100, from 5% to 7% for changed $300 lower range up to $5,000 and from 2.5% to 5% for amounts exceeding $5,000; P.A. 77-614 replaced commissioner of state police with commissioner of public safety, effective January 1, 1979; P.A. 83-163 increased bondsman's commission from a maximum of 7% to a maximum of 10% for amounts of bail furnished from $300 up to $5,000; P.A. 86-183 increased maximum fee from $20 to $50 on bail up to $500, 10% of amount of bail from $500 to $5,000 and changed percentage from 5% to 7% of amount of bail in excess of $5,000.

      Cited. 147 C. 1.

      Statute upheld as constitutional. 2 Conn. Cir. Ct. 83. Defendant, after accepting license under statute and acting thereunder, cannot then claim statute is unconstitutional. Id.

      Sec. 29-152. Penalty. Any person who violates any provision of this chapter shall be fined not more than one thousand dollars or imprisoned not more than two years or both and his right to engage in the business of a professional bondsman in this state shall thereupon be permanently forfeited.

      (1949 Rev., S. 3736.)

      Secs. 29-152a to 29-152d. Reserved for future use.