Enact law regarding charitable bail organizations

hb946_00_IN

As Introduced

136th
General Assembly

Regular
Session
H. B. No. 946

2025-2026

Representative Abrams

To
amend sections 3905.83

and

3905.84 and to enact
sections

109.861

and 3905.96

of the Revised Code
to
enact law regarding charitable bail organizations.

BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section
1.
That
sections 3905.83

and

3905.84 be amended and
sections

109.861

and 3905.96

of the Revised Code be enacted to read as follows:

Sec.
109.861.
(A)
The attorney general shall investigate any civil violation of section
3905.84 or 3905.96 of the Revised Code relating to charitable bail
organizations.

(B)
When it appears to the attorney general, as a result of an
investigation under division (A) of this section, that there is cause
to pursue a civil remedy, the attorney general may initiate and
prosecute any civil action in any court or tribunal of competent
jurisdiction in this state. When proceeding under this section, the
attorney general has all rights, privileges, and powers of
prosecuting attorneys, and any assistant or special counsel
designated by the attorney general for that purpose has the same
authority.

Sec.
3905.83.
As
used in sections 3905.83 to 3905.95 of the Revised Code:

(A)

"Charitable
bail organization" means an organization, including an
organization that is exempt from federal income taxation under 26
U.S.C. 501(a) and described in subsection 501(c) and (d), that
solicits or accepts donations from the public for the purpose of
furnishing a cash bond or surety bail bond for a person indicted for
or otherwise charged with a criminal offense.

(B)

"Insurer"
means any domestic, foreign, or alien insurance company that has been
issued a certificate of authority by the superintendent of insurance
to transact surety business in this state.

(B)
(C)

"Managing general agent" means any person that is appointed
or employed by an insurer to supervise or otherwise manage the bail
bond business written in this state by surety bail bond agents
appointed by the insurer.

(C)
(D)

"Surety" means an insurer that agrees to be responsible for
the fulfillment of the obligation of a principal if the principal
fails to fulfill that obligation.

Sec.
3905.84.
No
person

or charitable bail organization

shall act in the capacity of a surety bail bond agent, or perform any
of the functions, duties, or powers prescribed for surety bail bond
agents under sections 3905.83 to 3905.95 of the Revised Code, unless
that person is qualified, licensed, and appointed as provided in
those sections.

Sec.
3905.96.
(A)
No charitable bail organization shall furnish a person indicted for
or otherwise charged with a criminal offense with a cash bond or
surety bail bond if any of the following apply:

(1)
The person is indicted for or otherwise charged with an offense of
violence.

(2)
The person is indicted for or otherwise charged with a felony, and
the person previously has been convicted of or pleaded guilty to an
offense of violence.

(3)
The person has previously been released on bond and failed to appear
for two or more court appearances.

(B)
The attorney general may commence a civil action under this section.
If the court finds that a charitable bail organization has violated
this section, the court shall impose on the charitable bail
organization a civil fine in an amount of ten thousand dollars and
may grant injunctive relief. If the court imposes a civil fine on a
charitable bail organization under this section, the attorney general
shall deposit the civil fine into the reparations fund created by
section 2743.191 of the Revised Code.

Section
2.
That
existing sections 3905.83

and

3905.84 of the Revised Code are hereby repealed.