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As Introduced
136th
General Assembly
Regular
Session
H. B. No. 703
2025-2026
Representative Williams
To
amend sections 2713.21
,
2937.22, 2937.24,
and 3905.85 of the Revised Code
to
permit the surrender of a defendant by a surety bail bond agent and
to require surety bail bond agents to be licensed property and
casualty insurance agents.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 2713.21
,
2937.22, 2937.24,
and 3905.85 of the Revised Code be amended to read as follows:
Sec.
2713.21.
A
(A)(1)
Except as provided in division (A)(2) of this section, a
surrender
of a defendant to the sheriff of the county in which
he
the defendant
was arrested, with a delivery of a certified copy of the bond of the
bail, whether such surrender is made by the defendant
himself
personally
or by
his
the
defendant or another person posting the defendant's
bail, discharges the bail.
(2)
A surrender of a defendant by a surety bail bond agent to any
sheriff, with delivery of a certified copy of the bond of bail and a
copy of the surety bail bond application signed by the defendant,
discharges the bail.
(B)(1)
A
surrender may be made before the return day of the summons in an
action against the
bail
defendant
.
The sheriff shall give to the
person
posting
bail
a written acknowledgment of the surrender, and hold the defendant in
his
custody
upon such copy of the bond of the bail as upon an order of arrest.
The clerk of the court, on the production to
him
the clerk
of the sheriff's acknowledgment of the surrender, shall enter on the
bond an exoneration of the bail.
(2)
If the surrender of the defendant is by a surety bail bond agent, the
surety bail bond agent shall file a motion with the court that issued
the bond that the surety bail bond agent be released from the bond
not later than forty-eight hours after the defendant surrendered, and
shall include with the motion a copy of the surety bail bond
application signed by the defendant.
Sec.
2937.22.
(A)
Bail is security for the appearance of an accused to appear and
answer to a specific criminal or quasi-criminal charge in any court
or before any magistrate at a specific time or at any time to which a
case may be continued, and not depart without leave. It may take any
of the following forms:
(1)
The deposit of cash by the accused or by some other person for the
accused;
(2)
The deposit by the accused or by some other person for the accused in
form of bonds of the United States, this state, or any political
subdivision thereof in a face amount equal to the sum set by the
court or magistrate. In case of bonds not negotiable by delivery such
bonds shall be properly endorsed for transfer.
(3)
The written undertaking by one or more persons to forfeit the sum of
money set by the court or magistrate, if the accused is in default
for appearance, which shall be known as a recognizance.
(4)
A surety pursuant to section 2937.24 of the Revised Code or pursuant
to a surety bail bond agreement with a surety bail bond agent
appointed under sections 3905.83 to 3905.95 of the Revised Code.
(B)
Whenever a person is charged with any offense other than a traffic
offense that is not a moving violation and posts bail, the person
shall pay a surcharge of twenty-five dollars. The clerk of the court
shall retain the twenty-five dollars until the person is convicted,
pleads guilty, forfeits bail, is found not guilty, or has the charges
dismissed. If the person is convicted, pleads guilty, or forfeits
bail, the clerk shall transmit the twenty-five dollars on or before
the twentieth day of the month following the month in which the
person was convicted, pleaded guilty, or forfeited bail to the
treasurer of state, and the treasurer of state shall deposit it into
the indigent defense support fund created under section 120.08 of the
Revised Code. If the person is found not guilty or the charges are
dismissed, the clerk shall return the twenty-five dollars to the
person.
(C)
All bail shall be received by the clerk of the court, deputy clerk of
court, or by the magistrate, or by a special referee appointed by the
supreme court pursuant to section 2937.46 of the Revised Code, and,
except in cases of recognizances, receipt shall be given therefor.
(D)
As used in this section, "moving violation" has the same
meaning as in section 2743.70 of the Revised Code.
Sec.
2937.24.
(A)
When
a recognizance is offered under section 2937.22 of the Revised Code,
the surety on which recognizance qualifies as a real property owner,
the judge or magistrate shall require such surety to pledge to this
state real property owned by the surety and located in this state.
Whenever such pledge of real property has been given by any such
proposed surety,
he
the
proposed surety
shall execute the usual form of recognizance, and in addition thereto
there shall be filed
his
an
affidavit of justification of suretyship, to be attached to said
recognizance as a part thereof. The surety may be required in such
affidavit to depose as to whether
he
the
surety
is, at the time of executing the same, surety upon any other
recognizance and as to whether there are any unsatisfied judgments or
executions against
him
the
surety
.
He
The
surety
may also be required to state any other fact which the court thinks
relevant and material to a correct determination of the surety's
sufficiency to act as bail. Such surety shall state in such affidavit
where notices under section 2937.38 of the Revised Code may be served
on
himself
the
surety
,
and service of notice of summons at such place is sufficient service
for all purposes.
Such
affidavit shall be executed by the proposed surety under an oath and
may be in the following form:
"State
of Ohio, County of __________________,ss:
______________
residing at __________________, who offers
himself
self
as surety for __________ being first duly sworn, says that
he
the
surety
owns in
his
the
surety's
own legal right, real property subject to execution, located in the
county of __________, State of Ohio, consisting of __________ and
described as follows to wit: __________; that the title to the same
is in
his
the
surety's
own name; that the value of the same is not less than __________
dollars, and is subject to no encumbrances whatever except
__________; that
he
the
surety
is not surety upon any unpaid or forfeited recognizance, and that
he
the
surety
is not party to any unsatisfied judgment upon any recognizance; that
he
the
surety
is worth not less than __________ dollars over and above all debts,
liabilities, and lawful claims against
him
the
surety
,
and all liens, encumbrances, and lawful claims against
his
the
surety's
property."
(B)
A surrender of a defendant by a surety to any sheriff, with delivery
of a certified copy of the affidavit and the bond of bail discharges
the bail. The surety shall file a motion with the court that issued
the bond that the surety be released from the bond not later than
forty-eight hours after the defendant surrendered.
(C)
A surrender of a defendant by a surety bail bond agent appointed
under sections 3905.83 to 3905.95 of the Revised Code to any sheriff,
with delivery of a certified copy of the bond of bail and a copy of
the surety bail bond application signed by the defendant, discharges
the bail. The surety bail bond agent shall file a motion with the
court that issued the bond that the surety bail bond agent be
released from the bond not later than forty-eight hours after the
defendant surrendered and shall include with the motion a copy of the
surety bail bond application signed by the defendant.
Sec.
3905.85.
(A)(1)
An individual who applies for a license as a surety bail bond agent
shall submit an application for the license in a manner prescribed by
the superintendent of insurance. The application shall be accompanied
by a one-hundred-fifty-dollar fee and a statement that gives the
applicant's name, age, residence, present occupation, occupation for
the five years next preceding the date of the application, and such
other information as the superintendent may require.
(2)
An applicant for an individual resident license shall also submit to
a criminal records check pursuant to section 3905.051 of the Revised
Code.
(B)(1)
The superintendent shall issue to an applicant an individual resident
license that states in substance that the person is authorized to do
the business of a surety bail bond agent, if the superintendent is
satisfied that all of the following apply:
(a)
The applicant is eighteen years of age or older.
(b)
The applicant's home state is Ohio.
(c)
The applicant has not committed any act that is grounds for the
refusal to issue, suspension of, or revocation of a license under
section 3905.14 of the Revised Code.
(d)
The applicant is a United States citizen or has provided proof of
having legal authorization to work in the United States.
(e)
The applicant has successfully completed the educational requirements
set forth in section 3905.04 of the Revised Code and passed the
examination required by that section.
(f)
Beginning on the first day of the second year that begins after the
effective date of this amendment, the applicant holds, in good
standing, an insurance agent license that authorizes the applicant to
sell, solicit, or negotiate lines of property and casualty insurance
in this state under section 3905.06 of the Revised Code.
(2)
The superintendent shall issue to an applicant an individual
nonresident license that states in substance that the person is
authorized to do the business of a surety bail bond agent, if the
superintendent is satisfied that all of the following apply:
(a)
The applicant is eighteen years of age or older.
(b)
The applicant is currently licensed as a resident in another state
and is in good standing in the applicant's home state for surety bail
bond or is qualified for the same authority.
(c)
The applicant has not committed any act that is grounds for the
refusal to issue, suspension of, or revocation of a license under
section 3905.14 of the Revised Code.
(d)
Beginning on the first day of the second year that begins after the
effective date of this amendment, the applicant holds, in good
standing, either a license that authorizes the applicant to sell,
solicit, or negotiate lines of property and casualty insurance in
this state under section 3905.06 of the Revised Code, or a
substantially equivalent license in another state.
(3)
The superintendent shall issue an applicant a resident business
entity license that states in substance that the person is authorized
to do the business of a surety bail bond agent if the superintendent
is satisfied that all of the following apply:
(a)
The applicant has submitted an application for the license in a
manner prescribed by the superintendent and the
one-hundred-fifty-dollar application fee.
(b)
The applicant either is domiciled in this state or maintains its
principal place of business in this state.
(c)
The applicant has designated an individual licensed surety bail bond
agent who will be responsible for the applicant's compliance with the
insurance laws of this state.
(d)
The applicant has not committed any act that is grounds for the
refusal to issue, suspension of, or revocation of a license under
section 3905.14 of the Revised Code.
(e)
The applicant is authorized to do business in this state by the
secretary of state if so required under the applicable provisions of
Title XVII of the Revised Code.
(f)
The applicant has submitted any other documents requested by the
superintendent.
(4)
The superintendent shall issue an applicant a nonresident business
entity license that states in substance that the person is authorized
to do the business of a surety bail bond agent if the superintendent
is satisfied that all of the following apply:
(a)
The applicant has submitted an application for the license in a
manner prescribed by the superintendent and the
one-hundred-fifty-dollar application fee.
(b)
The applicant is currently licensed and is in good standing in the
applicant's home state with surety bail bond authority.
(c)
The applicant has designated an individual licensed surety bail bond
agent who will be responsible for the applicant's compliance with the
insurance laws of this state.
(d)
The applicant has not committed any act that is grounds for the
refusal to issue, suspension of, or revocation of a license under
section 3905.14 of the Revised Code.
(e)
The applicant has submitted any other documents requested by the
superintendent.
(C)
A resident and nonresident surety bail bond agent license issued
pursuant to this section authorizes the holder, when appointed by an
insurer, to execute or countersign bail bonds in connection with
judicial proceedings and to receive money or other things of value
for those services. However, the holder shall not execute or deliver
a bond during the first one hundred eighty days after the license is
initially issued. This restriction does not apply with respect to
license renewals or any license issued under divisions (B)(3) and (4)
of this section.
(D)
The superintendent may refuse to renew a surety bail bond agent's
license as provided in division (B) of section 3905.88 of the Revised
Code, and may suspend, revoke, or refuse to issue or renew such a
license as provided in section 3905.14 of the Revised Code.
If
the superintendent refuses to issue such a license based in whole or
in part upon the written response to a criminal records check
completed pursuant to division (A) of this section, the
superintendent shall send a copy of the response that was transmitted
to the superintendent to the applicant at the applicant's home
address upon the applicant's submission of a written request to the
superintendent.
(E)
Any person licensed as a surety bail bond agent may surrender the
person's license in accordance with section 3905.16 of the Revised
Code.
(F)(1)
A person seeking to renew a surety bail bond agent license shall
apply annually for a renewal of the license on or before the first
day of April. Applications shall be submitted to the superintendent
on forms prescribed by the superintendent. Each application shall be
accompanied by a one-hundred-fifty-dollar renewal fee.
(2)
To be eligible for renewal, an individual applicant shall
complete
do
both of the following:
(a)
Complete
the
continuing education requirements pursuant to section 3905.88 of the
Revised Code prior to the renewal date
;
(b)
Beginning on the first day of the third year that begins after the
effective date of this amendment, demonstrate that the individual
applicant holds, in good standing, either a license that authorizes
the individual applicant to sell, solicit, or negotiate lines of
property and casualty insurance in this state under section 3905.06
of the Revised Code, or a substantially equivalent license in another
state
.
(3)
If an applicant submits a completed renewal application, qualifies
for renewal pursuant to divisions (F)(1) and (2) of this section, and
has not committed any act that is a ground for the refusal to issue,
suspension of, or revocation of a license under section 3905.14 or
sections 3905.83 to 3905.99 of the Revised Code, the superintendent
shall renew the applicant's surety bail bond insurance agent license.
(4)
If an individual or business entity does not apply for the renewal of
the individual or business entity's license on or before the license
renewal date specified in division (F)(1) of this section, the
individual or business entity may submit a late renewal application
along with all applicable fees required under this chapter prior to
the first day of May following the renewal date. The superintendent
shall renew the license of an applicant that submits a late renewal
application if the applicant satisfies all of the following
conditions:
(a)
The applicant submits a completed renewal application.
(b)
The applicant pays the one-hundred-fifty-dollar renewal fee.
(c)
The applicant pays the late renewal fee established by the
superintendent.
(d)
The applicant provides proof of compliance with the continuing
education requirements pursuant to section 3905.88 of the Revised
Code.
(e)
The
applicant provides proof that the requirements of division (F)(2) of
this section have been met, if applicable.
(f)
The
applicant has not committed any act that is grounds for the refusal
to issue, suspension of, or revocation of a license under section
3905.14 or sections 3905.83 to 3905.99 of the Revised Code.
(5)
A license issued under this section that is not renewed on or before
its late renewal date specified in division (F)(4) of this section is
automatically suspended for nonrenewal effective the second day of
May.
(6)
If a license is suspended for nonrenewal pursuant to division (F)(5)
of this section, the individual or business entity is eligible to
apply for reinstatement of the license within the twelve-month period
following the date by which the license should have been renewed by
complying with the reinstatement procedure established by the
superintendent and paying all applicable fees required under this
chapter.
(7)
A license that is suspended for nonrenewal that is not reinstated
pursuant to division (F)(6) of this section automatically is canceled
unless the superintendent is investigating any allegations of
wrongdoing by the agent or has initiated proceedings under Chapter
119. of the Revised Code. In that case, the license automatically is
canceled after the completion of the investigation or proceedings
unless the superintendent revokes the license.
(G)
The superintendent may prescribe the forms to be used as evidence of
the issuance of a license under this section. The superintendent
shall require each licensee to acquire, from a source designated by
the superintendent, a wallet identification card that includes the
licensee's photograph and any other information required by the
superintendent. The licensee shall keep the wallet identification
card on the licensee's person while engaging in the bail bond
business.
(H)(1)
The superintendent of insurance shall not issue or renew the license
of a business entity organized under the laws of this or any other
state unless the business entity is qualified to do business in this
state under the applicable provisions of Title XVII of the Revised
Code.
(2)
The failure of a business entity to be in good standing with the
secretary of state or to maintain a valid appointment of statutory
agent is grounds for suspending, revoking, or refusing to renew its
license.
(3)
By applying for a surety bail bond agent license under this section,
an individual or business entity consents to the jurisdiction of the
courts of this state.
(I)
A surety bail bond agent licensed pursuant to this section is an
officer of the court.
(J)
Any fee collected under this section shall be paid into the state
treasury to the credit of the department of insurance operating fund
created by section 3901.021 of the Revised Code.
Section
2.
That
existing sections 2713.21
,
2937.22, 2937.24,
and 3905.85 of the Revised Code are hereby repealed.
Section
3.
Section
3905.85 of the Revised Code is presented in this act as a composite
of the section as amended by both H.B. 263 and H.B. 339 of the 133rd
General Assembly. The General Assembly, applying the principle stated
in division (B) of section 1.52 of the Revised Code that amendments
are to be harmonized if reasonably capable of simultaneous operation,
finds that the composite is the resulting version of the section in
effect prior to the effective date of the section as presented in
this act.