A. No bail bondsman shall become a surety on an undertaking unless he or she has first registered his or her license in the office of the sheriff and with the court clerk in the county in which the bondsman resides or offices, but not both. In the county in which a bondsman registers his or her license, the bondsman shall provide the court clerk with proof that he or she is a resident of the county or that the bondsman offices in the county, and shall provide notice to the court clerk in writing of any change in residence or business address within five (5) business days after a change. The court clerk of the county shall provide a list of bondsmen permitted to write bail in that county to the judges and law enforcement offices of that county. Law enforcement shall post the list conspicuously near all telephones used by prisoners. The list shall be updated and distributed to law enforcement by the court clerk at least monthly, provided there has been a change to the list, and shall consist of professional, multicounty agent, property, cash and surety bail bondsmen. Any surety bondsman without a current surety appointment shall be removed from the list. In any county not having a licensed bondsman authorized to do business within the county, the court having jurisdiction shall allow and fix bail.

B. Notwithstanding the foregoing provisions of this section, a bondsman may write bonds on no more than ten defendants per year in each of the remaining seventy-six counties of this state in which the bondsman cannot register his license. Provided, however, a bondsman shall not be limited to writing bonds on only ten defendants per year in a county which does not have a licensed bondsman registered in said county. The bondsman shall advise the court clerk of each such county in writing of his intention to write bonds in the county and shall file a certified copy of his license with such court clerk.

C. A surety bondsman shall also file with the court clerk a certified copy of his or her appointment by power of attorney from the insurer whom he or she represents as an agent.

D. A fee of Twenty Dollars ($20.00) shall be paid to the court clerk for each county in which the bail bondsman registers or files his or her license. The fee shall be payable biennially by the date of license renewal. The court clerk and the sheriff shall not permit the registration or filing of a bail bondsman unless such bondsman is currently licensed by the Insurance Commissioner under the provisions of Section 1301 et seq. of this title.

Added by Laws 1965, c. 184, § 20, eff. Jan. 1, 1966. Amended by Laws 1984, c. 225, § 21, emerg. eff. May 23, 1984; Laws 1987, c. 211, § 18, eff. Nov. 1, 1987; Laws 1989, c. 257, § 9, eff. Nov. 1, 1989; Laws 1992, c. 98, § 7, eff. Sept. 1, 1992; Laws 2013, c. 150, § 8, eff. Nov. 1, 2013; Laws 2014, c. 385, § 4, eff. Nov. 1, 2014; Laws 2015, c. 110, § 10, eff. Nov. 1, 2015; Laws 2017, c. 161, § 4, eff. Nov. 1, 2017.