[Adopted 10-6-2004 by Ord. No. 2004-06]
Pursuant to the York Rules of Criminal Procedure, Chapter 4000-Bail, Rule 4007, Supervision of Bondsmen, these regulations are being promulgated by the District Attorney and adopted by the County of York to insure that professional bondsmen are financially responsible and able to meet all bonding requirements.
A. 
Professional bondsmen.
(1) 
No person shall engage in the business of giving bail in York County unless he or she is registered and currently licensed as a professional bondsman by the Pennsylvania Insurance Department.
(2) 
Each professional bondsman shall file a copy of his or her license annually in the office of the York County Clerk of Criminal Courts and the District Attorney's Office.
B. 
Fidelity or surety company.
(1) 
No fidelity or surety company shall engage in the business of entering bail unless it is authorized to act as a bail surety by the Pennsylvania Insurance Department.
(2) 
Each fidelity or surety company shall file a copy of the Pennsylvania Insurance Department authorization to enter bail with the York County Clerk of Criminal Courts and the District Attorney's Office.
(3) 
Each fidelity or surety company shall file a certified copy of a resolution of the board of directors, under corporate seal, authorizing the entering of bail for each bail when entered.
[Amended 2-2-2005 by Ord. No. 2005-01]
A. 
The professional bondsman shall maintain a suitable place of business in a fixed location in York County, with a street address. Post office boxes are not acceptable as a business address.
B. 
The professional bondsman shall visibly identify the place of business as a bail bondsman's office.
C. 
The professional bondsman shall have a telephone, listed in his or her name, under the address of the office.
D. 
The professional bondsman shall answer the telephone in a manner indicating that the location is a bail bondsman's office.
E. 
The professional bondsman shall authorize and designate a suitable individual, by specific name, at the place of business to accept service of process.
A. 
Professional bondsman.
(1) 
The professional bondsman shall annually submit a full and complete personal financial statement to the District Attorney between January 1 and 15.
(2) 
The professional bondsman shall notify the District Attorney of any decrease in personal net assets as soon as known.
(3) 
The professional bondsman shall be permitted to write bail bonds not to exceed three times his or her personal net assets.
B. 
Fidelity or surety company. The fidelity or surety shall not enter bail in excess of the limits approved by the Pennsylvania Insurance Department.
A. 
Professional bondsman.
(1) 
The professional bondsman shall file monthly bond status reports to the York County Clerk of Courts and District Attorney, detailing all bail bonds executed and terminated, using the form supplied by the Clerk of Courts.
(2) 
The professional bondsman shall notify the District Attorney of any change in the information to the most recently filed annual professional bondsman license individual application.
B. 
Fidelity or surety company. The fidelity or insurance company shall file a quarterly statement summarizing all bail entered by the company during the previous quarter, with the compensation charged therefor, with the York County Clerk of Criminal Courts and the District Attorney's Office.
A. 
If a defendant fails to appear or is found to otherwise have violated the conditions of bail, the District Attorney shall request the Court to declare the bail forfeited and issue a warrant for the defendant's arrest.
B. 
The District Attorney or Clerk of Courts shall notify the bail bondsman by mail at the registered address of the forfeiture of bail and arrest warrant.
C. 
If the professional bondsman and/or fidelity or surety company agent does not produce the defendant or pay the bail obligation into the Bail Bond Judgement Account in compliance with the provisions of Chapter 151 of the York County Code, the bondsman's right to post bail shall be immediately suspended until the obligation is paid or the suspension is lifted by the Court.
The professional bondsman and/or fidelity or surety company agent shall return a bail piece to the York County Clerk of Courts after five days after service of the bail piece upon the defendant.
The District Attorney shall conduct random checks to insure that professional bondsman and/or fidelity or surety company agent are in compliance with the requirements of this chapter, and the requirements of the Pennsylvania Insurance Department.
A. 
Other than bail forfeiture provisions of this chapter, the District Attorney shall give a written notice to a professional bondsman and/or fidelity or surety company agent not complying with any of the provisions of this chapter or the requirements of the Pennsylvania Insurance Department. The notice shall include a detailed explanation of the provision that has not been complied with and a reasonable number of days to respond and/or comply.
B. 
Other than bail forfeiture provisions of this chapter, if the professional bondsman and/or fidelity or surety company agent does not comply or respond to the satisfaction of the District Attorney, the District Attorney shall petition the Court of Common Pleas for a rule, returnable in not less than 10 days, to suspend or revoke the ability to enter bail in York County.
A. 
The District Attorney shall annually prepare, and update as necessary, a listing of bail bondsmen approved to enter bail as professional bondsmen and/or fidelity or surety company agents in York County. The listing shall include name, address, identification number, telephone number, expiration date, authorized agents/power of attorney and amount of bail limitations.
B. 
The District Attorney shall distribute the list of approved bail bondsmen to the York County Court Administrator, the Clerk of Criminal Courts, District Justices, County Solicitor and County Prison,
The provisions of this chapter shall be considered severable, and if any clause, sentence, subsection or section shall be adjudged by any court of common jurisdiction to be illegal, invalid or unconstitutional, such judgment or decision shall not affect, impair or invalidate the remainder of the chapter but shall be confined in its operation and application to the clause, sentence, subsection or part thereof rendered invalid or unconstitutional.
All provisions of this chapter shall take effect immediately.