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To: Judiciary, Division B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) Fillingane, McMahan
SENATE BILL NO. 2108
(As Passed the Senate)
AN ACT TO AMEND SECTION 83-39-3, MISSISSIPPI CODE OF 1972, TO 1
REQUIRE THE COMMISSIONER OF INSURANCE TO SUSPEND A BAIL LICENSE 2
WHERE A LICENSE HAS BEEN GRANTED TO A PROFESSIONAL BAIL AGENT, 3
SOLICITING BAIL AGENT OR BAIL ENFORCEMENT AGENT AND EVIDENCE IS 4
PRESENTED, SUBSEQUENTLY, THAT A COURT HAS RENDERED A CIVIL 5
JUDGMENT AGAINST THAT AGENT BECAUSE OF MONIES OWED TO AN INSURER 6
OR PROFESSIONAL BAIL AGENT FOR REASONS PERTAINING TO HIS OR HER 7
EMPLOYMENT OR TERMINATION OF EMPLOYMENT; TO PROVIDE THAT AFTER THE 8
JUDGMENT HAS BEEN SATISFIED, A HEARING TO REINSTATE THE LICENSE 9
MAY BE REQUESTED, AND THE LICENSE MAY BE REINSTATED UPON 10
PRESENTATION OF THE SATISFACTION OF THE JUDGMENT; TO AMEND SECTION 11
83-39-25, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT CREDIT CARD 12
TRANSACTION FEES, BOND TRANSFER FEES AND ANY OTHER FEES AUTHORIZED 13
BY LAW OR REGULATION SHALL NOT BE CONSIDERED PART OF THE PREMIUM, 14
COMMISSION OR FEE CHARGED UNDER THIS SECTION; TO BRING FORWARD 15
SECTION 99-5-9, MISSISSIPPI CODE OF 1972, FOR POSSIBLE AMENDMENT; 16
TO AUTHORIZE A COURT TO ASSESS THE COST OF ANY SERVICE OF PROCESS 17
OF A BAIL AGENT EITHER BY PERSONAL SERVICE OR BY CERTIFIED MAIL 18
AGAINST THE DEFENDANT IN ANY CRIMINAL CASE WHERE SUCH SERVICE IS 19
ISSUED BY THE COURT; AND FOR RELATED PURPOSES. 20
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 21
SECTION 1. Section 83-39-3, Mississippi Code of 1972, is 22
amended as follows: 23
83-39-3. (1) No person shall act in the capacity of 24
professional bail agent, soliciting bail agent or bail enforcement 25
agent, as defined in Section 83-39-1, or perform any of the 26
functions, duties or powers of the same unless that person shall 27
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be qualified and licensed as provided in this chapter. The terms 28
of this chapter shall not apply to any automobile club or 29
association, financial institution, insurance company or other 30
organization or association or their employees who execute bail 31
bonds on violations arising out of the use of a motor vehicle by 32
their members, policyholders or borrowers when bail bond is not 33
the principal benefit of membership, the policy of insurance or of 34
a loan to such member, policyholder or borrower. 35
(2) (a) No license shall be issued or renewed except in 36
compliance with this chapter, and none shall be issued except to 37
an individual. No firm, partnership, association or corporation, 38
as such, shall be so licensed. No professional bail agent shall 39
operate under more than one (1) trade name. A soliciting bail 40
agent and bail enforcement agent shall operate only under the 41
professional bail agent's name. No license shall be issued to or 42
renewed for any person who has ever been convicted of a crime that 43
the commissioner finds directly relates to the duties and 44
responsibilities of the business of a professional bail agent, 45
soliciting bail agent, or bail enforcement agent, including, but 46
not limited to, any felony that involves an act of fraud, 47
dishonesty, or a breach of trust, or money laundering. No license 48
shall be issued to any person who is under twenty-one (21) years 49
of age. No person engaged as a law enforcement or judicial 50
official or attorney shall be licensed hereunder. A person who is 51
employed in any capacity at any jail or corrections facility that 52
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houses state, county or municipal inmates who are or may be 53
eligible for bail, whether the person is a public employee, 54
independent contractor, or the employee of an independent 55
contractor, may not be licensed under this section. 56
(b) (i) No person who is a relative of either a sworn 57
state, county or municipal law enforcement official or judicial 58
official, or an employee, independent contractor or the 59
contractor's employee of any police department, sheriff's 60
department, jail or corrections facility that houses or holds 61
federal, state, county or municipal inmates who are or may be 62
eligible for bail, shall write a bond in the county where the law 63
enforcement entity or court in which the person's relative serves 64
is located. "Relative" means a spouse, parent, grandparent, 65
child, sister, brother, or a consanguineous aunt, uncle, niece or 66
nephew. Violation of this prohibition shall result in license 67
revocation. 68
(ii) No person licensed under this chapter shall 69
act as a personal surety agent in the writing of bail during a 70
period he or she is licensed as a limited surety agent, as defined 71
herein. 72
(iii) No person licensed under this chapter shall 73
give legal advice or a legal opinion in any form. 74
(3) The department is vested with the authority to enforce 75
this chapter. The department may conduct investigations or 76
request other state, county or local officials to conduct 77
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investigations and promulgate such rules and regulations as may be 78
necessary for the enforcement of this chapter. The department may 79
establish monetary fines and collect such fines as necessary for 80
the enforcement of such rules and regulations. All fines 81
collected shall be deposited in the Special Insurance Department 82
Fund for the operation of that agency. 83
(4) (a) Each license issued hereunder shall expire 84
biennially on the last day of September of each odd-numbered year, 85
unless revoked or suspended prior thereto by the department, or 86
upon notice served upon the commissioner by the insurer that the 87
authority of a limited surety agent to act for or on behalf of 88
such insurer had been terminated, or upon notice served upon the 89
commissioner that the authority of a soliciting bail agent or bail 90
enforcement agent had been terminated by such professional bail 91
agent. 92
(b) A soliciting bail agent or bail enforcement agent 93
may, upon termination by a professional bail agent or upon his 94
cessation of employment with a professional bail agent, be 95
relicensed without having to comply with the provisions of 96
subsection (7)(a) and (b) of this section, if he has held a 97
license in his respective license category within ninety (90) days 98
of the new application, meets all other requirements set forth in 99
Section 83-39-5 and subsection (7)(b) of this section, and 100
notifies the previous professional bail agent in writing that he 101
is submitting an application for a new license. 102
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(5) The department shall prepare and deliver to each 103
licensee a license showing the name, address and classification of 104
the licensee, and shall certify that the person is a licensed 105
professional bail agent, being designated as a personal surety 106
agent or a limited surety agent, a soliciting bail agent or a bail 107
enforcement agent. In addition, the license of a soliciting bail 108
agent or bail enforcement agent, shall show the name of the 109
professional bail agent and any other information as the 110
commissioner deems proper. 111
(6) The commissioner, after a hearing under Section 112
83-39-17, may refuse to issue a privilege license for a soliciting 113
bail agent to change from one (1) professional bail agent to 114
another if he or she owes any premium or debt to the professional 115
bail agent with whom he or she is currently licensed. The 116
commissioner, after a hearing under Section 83-39-17, shall refuse 117
to issue a license for a limited surety agent if he or she owes 118
any premium or debt to an insurer to which he or she has been 119
appointed. If a license has been granted to a * * * professional 120
bail agent, soliciting bail agent or bail enforcement agent and 121
evidence is presented, subsequently, that a court has rendered a 122
civil judgment against that agent because of monies owed to an 123
insurer or professional bail agent for reasons pertaining to his 124
or her employment or termination of employment, the 125
commissioner * * * shall * * * suspend the license until such time 126
as the judgment is satisfied. After the judgment has been 127
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satisfied, a hearing to reinstate the license for the professional 128
bail agent, soliciting bail agent or bail enforcement agent may be 129
requested under Section 83-39-17 and upon presentation of the 130
satisfaction of the judgment, the license may be reinstated. 131
(7) (a) Before the issuance of any initial professional 132
bail agent, soliciting bail agent or bail enforcement agent 133
license, the applicant shall submit proof of successful completion 134
of forty (40) hours of prelicensing education approved by the 135
Mississippi Insurance Department unless the applicant is currently 136
licensed under this chapter on July 1, 2014, and has maintained 137
that license in compliance with the continuing education 138
requirements of subsection (8) of this section. Any applicant who 139
has met all continuing education requirements as set forth in 140
subsection (8)(a) of this section and has been properly licensed 141
under this chapter within ninety (90) days of submitting an 142
application for a license shall not be subject to the prelicensing 143
education requirement. 144
(b) All applicants for a professional bail agent, 145
soliciting bail agent or bail enforcement agent license applying 146
for an original license after July 1, 2014, shall successfully 147
complete a limited examination by the department for the 148
restricted lines of business before the license can be issued; 149
however, this examination requirement shall not apply to any 150
licensed bail soliciting agent and bail enforcement agent 151
transferring to another professional bail agent license, any 152
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licensed bail soliciting agent applying for a bail enforcement 153
agent license, and any licensed bail enforcement agent applying 154
for a bail soliciting agent license. An applicant shall only be 155
required to successfully complete the limited examination once. 156
(c) Beginning on July 1, 2011, in order to assist the 157
department in determining an applicant's suitability for a license 158
under this chapter, the applicant shall submit a set of 159
fingerprints with the submission of an application for license. 160
The department shall forward the fingerprints to the Department of 161
Public Safety for the purpose of conducting a criminal history 162
record check. If no disqualifying record is identified at the 163
state level, the Department of Public Safety shall forward the 164
fingerprints to the Federal Bureau of Investigation for a national 165
criminal history record check. Fees related to the criminal 166
history record check shall be paid by the applicant to the 167
commissioner and the monies from such fees shall be deposited in 168
the special fund in the State Treasury designated as the 169
"Insurance Department Fund." 170
(8) (a) Before the renewal of the license of any 171
professional bail agent, soliciting bail agent or bail enforcement 172
agent, the applicant shall submit proof of successful completion 173
of continuing education hours as follows: 174
(i) There shall be no continuing education 175
required for the first licensure year; 176
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(ii) Except as provided in subparagraph (i), eight 177
(8) hours of continuing education for each year or part of a year 178
of the two-year license period, for a total of sixteen (16) hours 179
per license period. 180
(b) If an applicant for renewal failed to obtain the 181
required eight (8) hours for each year of the license period 182
during the actual license year in which the education was required 183
to be obtained, the applicant shall not be eligible for a renewal 184
license but shall be required to obtain an original license and be 185
subject to the education requirements set forth in subsection (7). 186
The commissioner shall not be required to comply with Section 187
83-39-17 in denying an application for a renewal license under 188
this paragraph (b). 189
(c) The education hours required under this subsection 190
(8) shall be approved by the Mississippi Insurance Department. 191
(d) The continuing education requirements under this 192
subsection (8) shall not be required for renewal of a bail agent 193
license for any applicant who is sixty-five (65) years of age and 194
who has been licensed as a bail agent for a continuous period of 195
twenty (20) years immediately preceding the submission of the 196
application as evidenced by submission of an affidavit, under 197
oath, on a form prescribed by the department, signed by the 198
licensee attesting to satisfaction of the age, licensing, and 199
experience requirements of this paragraph (d). 200
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(9) No license as a professional bail agent shall be issued 201
unless the applicant has been duly licensed by the department as a 202
soliciting bail agent for a period of three (3) consecutive years 203
immediately preceding the submission of the application. However, 204
this subsection (9) shall not apply to any person who was licensed 205
as a professional bail agent before July 1, 2011. 206
(10) A nonresident person may be licensed as a professional 207
bail agent, bail soliciting agent or bail enforcement agent if: 208
(a) The person's home state awards licenses to 209
residents of this state on the same basis; and 210
(b) The person has satisfied all requirements set forth 211
in this chapter. 212
(11) On or before October 1, 2016, the Insurance Department 213
shall establish a statewide Electronic Bondsmen Registry for all 214
licenses, powers of appointment and powers of attorney requiring 215
registration under this section. Once established, each 216
professional bail agent, limited surety agent, bail soliciting 217
agent, bail enforcement agent or insurance company writing bail 218
bonds shall be required under this subsection (11) to register and 219
maintain a record of each required license, power of appointment 220
and power of attorney in the registry. Failure to comply with 221
this provision will subject the agent to the penalties provided in 222
Section 83-39-29. 223
(12) From and after July 1, 2016, the expenses of this 224
agency shall be defrayed by appropriation from the State General 225
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Fund and all user charges and fees authorized under this section 226
shall be deposited into the State General Fund as authorized by 227
law. 228
(13) From and after July 1, 2016, no state agency shall 229
charge another state agency a fee, assessment, rent or other 230
charge for services or resources received by authority of this 231
section. 232
SECTION 2. Section 83-39-25, Mississippi Code of 1972, is 233
amended as follows: 234
83-39-25. (1) A professional bail agent or his or her agent 235
shall charge and collect for his or her premium, commission, or 236
fee an amount of ten percent (10%) of the amount of bail per bond 237
posted by him or her, or One Hundred Dollars ($100.00), whichever 238
is greater, except on a bond on a defendant who is charged with a 239
capital offense, or on a defendant who resides outside the State 240
of Mississippi, in which case the premium, commission or fee shall 241
be fifteen percent (15%) of the amount of bail, per bond posted by 242
him or her, or One Hundred Dollars ($100.00), whichever is 243
greater. 244
(2) A professional bail agent or his or her agent shall also 245
charge an additional Fifty Dollars ($50.00) processing fee on each 246
bond issued by him. 247
(3) Nothing herein shall prohibit a professional bail agent 248
or his or her agent from holding collateral or taking a security 249
interest in collateral for the purpose of insuring the payment of 250
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the premium of the bond posted or indemnifying the professional 251
bail agent for losses incurred due to a forfeiture of a bond or 252
the costs of apprehension and surrender of the principal. 253
(4) Any fee charged by a professional bail agent or his or 254
her agent for court-approved electronic monitoring or drug testing 255
shall not be considered part of the premium, commission or fee 256
charged under this section. Credit card transaction fees, bond 257
transfer fees and any other fees authorized by law or regulation 258
shall not be considered part of the premium, commission or fee 259
charged under this section. 260
SECTION 3. Section 99-5-9, Mississippi Code of 1972, is 261
brought forward as follows: 262
99-5-9. (1) In addition to any type of bail allowed by 263
statute, any committing court, in its discretion, may allow any 264
defendant, to whom bail is allowable, to deposit cash as bail bond 265
in lieu of a surety or property bail bond, by depositing such cash 266
sum as the court may direct with the sheriff or officer having 267
custody of defendant, who shall receipt therefor and who shall 268
forthwith deliver the said monies to the county treasurer, who 269
shall receipt therefor in duplicate. The sheriff, or other 270
officer, upon receipt of the county treasurer, shall forthwith 271
deliver one (1) copy of such receipt to the committing court who 272
shall then order the release of such defendant. 273
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ST: Bail; amend provisions related thereto.
(2) The order of the court shall set forth the conditions 274
upon which such cash bond is allowed and shall be determined to be 275
the agreement upon which the bailee has agreed. 276
(3) The sums received by the county treasurer shall be 277
deposited by him in a special fund to be known as "Cash Bail 278
Fund," and shall be received by him subject to the terms and 279
conditions of the order of the court. 280
(4) If the committing court authorizes bail by a cash 281
deposit under subsection (1) of this section, but anyone 282
authorized to release a criminal defendant allows the deposit of 283
an amount less than the full amount of the bail ordered by the 284
court, the defendant may post bail by a professional bail agent in 285
an amount equal to one-fourth (1/4) of the full amount fixed under 286
subsection (1) or the amount of the actual deposit whichever is 287
greater. 288
SECTION 4. The court may assess the cost of any service of 289
process of a bail agent either by personal service or by certified 290
mail against the defendant in any criminal case where such service 291
is issued by the court. 292
SECTION 5. This act shall take effect and be in force from 293
and after July 1, 2026, and shall stand repealed on June 30, 2026. 294