Mississippi Laws Regarding Bail Bonds & Bounty Hunters
Below is basic information on bail bond laws for Mississippi concerning Bail Enforcement, Bounty Hunters, Fugitive Apprehension and Bail Bondsman. This is not legal advice as laws change frequently. Please check the links provided for possible updates and current information.
- Mississippi bail bond law state statutes:
- West’s Annotated Mississippi Code Title 83. Insurance Chapter 39. Bail Bonds And Bondsmen.
West’s Annotated Mississippi Code Title 99. Criminal Procedure Chapter 5. Bail.
- Mississippi licensing requirements for Bail agents:
- Mississippi’s statutes contain extensive licensing provisions for bail agents.
- The department upon receipt of the license application, the required fee, and proof of good moral character and, in the case of a professional bail agent, an approved qualification bond in the required amount, shall issue to the applicant a license to do business as a professional bail agent, soliciting bail agent or bail enforcement agent as the case may be.
- No licensed professional bail agent shall have in his employ in the bail bond business any person who could not qualify for a license under this chapter, nor shall any licensed professional bail agent have as a partner or associate in such business any person who could not so qualify.
- § 83-39-15. Denial, suspension, nonrenewal and revocation of license.
- § 83-39-17. Notice and hearing.
- § 83-39-19. Appeals; procedures;
- § 83-39-21. Judicial proceeding to terminate license
- § 83-39-27. Unlawful activities
- § 83-39-29. Criminal penalties
West’s Annotated Mississippi Code Title 83. Insurance Chapter 39. Bail Bonds And Bondsmen § 83-39-1. Definitions
- (a) “Department” means the Department of Insurance.
(b) “Commissioner” means the Commissioner of Insurance.
(c) “Insurer” means any domestic or foreign insurance corporation or association engaged in the business of insurance or suretyship which has qualified to transact surety or casualty business in this state.
(d) “Professional bail agent” means any individual who shall furnish bail, acting as a licensed personal surety agent or as a licensed limited surety agent representing an insurer as defined by this chapter.The above definition shall not include, and this chapter does not apply to, any individual who acts as personal surety in instances where there is no compensation charged or received for such service.
(e) “Soliciting bail agent” means any person who is appointed by a professional bail agent to execute or countersign bail bonds in connection with judicial proceedings and who is duly licensed by the commissioner to represent such professional bail agent, as an agent or employee of a professional bail agent, or as an independent contractor, for compensation or otherwise, shall solicit, advertise or actively seek bail bond business for or in behalf of a professional bail agent.
(f) “Bail enforcement agent” means a person who assists the professional bail agent in presenting the defendant in court when required, or who assists in the apprehension and surrender of the defendant to the court or who keeps the defendant under necessary surveillance. Nothing herein shall affect the right of professional bail agents to have counsel or to ask assistance of law enforcement officers.
(g) “Limited surety agent” means any individual who is appointed by an insurer by power of attorney to execute or countersign bail bonds in connection with judicial proceedings, and who is duly licensed by the commissioner to represent such insurer for the restricted lines of bail, fidelity and surety, after successfully completing a limited examination by the department for the restricted lines of business.
(h) “Personal surety agent” means any individual who, having posted the necessary qualification bond with the commissioner as required by Section 83-39-7, and duly licensed by the commissioner, may execute and sign bail bonds in connection with judicial proceedings. All new personal surety agents licensed after July 1, 1994, shall complete successfully a limited examination by the department for the restricted lines of business.
§ 83-39-3. License required; pre-licensing and continuing education
- (1) No person shall act in the capacity of professional bail agent, soliciting bail agent or bail enforcement agent, as defined in Section 83-39-1, or perform any of the functions, duties or powers of the same unless that person shall be qualified and licensed as provided in this chapter. The terms of this chapter shall not apply to any automobile club or association, financial institution, insurance company or other organization or association or their employees who execute bail bonds on violations arising out of the use of a motor vehicle by their members, policyholders or borrowers when bail bond is not the principal benefit of membership, the policy of insurance or of a loan to such member, policyholder or borrower.
(2) No license shall be issued except in compliance with this chapter, and none shall be issued except to an individual. No firm, partnership, association or corporation, as such, shall be so licensed. No professional bail agent shall operate under more than one (1) trade name. A soliciting bail agent and bail enforcement agent shall operate only under the professional bail agent’s name. No person who has ever been convicted of a felony or any crime involving moral turpitude, or who has not been a resident of this state for at least one (1) year, unless presently licensed for bail bonds, or who is under twenty-one (21) years of age, shall be issued a license hereunder. No person engaged as a law enforcement or judicial official or attorney shall be licensed hereunder. No person licensed under this chapter shall act as a personal surety agent in the writing of bail during a period he or she is licensed as a limited surety agent, as defined herein.
(4) Each license issued hereunder shall expire annually on the last day of May, unless revoked or suspended prior thereto by the department, or upon notice served upon the commissioner by the insurer that the authority of a limited surety agent to act for or in behalf of such insurer had been terminated, or upon notice served upon the commissioner by a professional bail agent that the employment of a soliciting bail agent or bail enforcement agent had been terminated by such professional bail agent.
(6) The commissioner, after a hearing under Section 83-39-17, may refuse to issue a privilege license for a soliciting bail agent to change from one (1) professional bail agent to another if he owes any premium or debt to the professional bail agent with whom he is currently licensed.
(7) From and after May 1, 2000, prior to the issuance of any professional bail agent, soliciting bail agent or bail enforcement agent license, the applicant shall submit proof of completion of eight (8) hours of pre-licensing education approved by the department and the Professional Bail Agents Association of Mississippi, Inc., and conducted by the Mississippi Judicial College or any institution of higher learning or community college. An applicant may work as an agent without the pre-licensing education requirement but must complete such education at the first available offering.
(8) From and after May 1, 2000, prior to the renewal of any professional bail agent, soliciting bail agent or bail enforcement agent license, the applicant shall submit proof of completion of eight (8) hours of continuing education approved by the department and the Professional Bail Agents Association of Mississippi, Inc., and provided by the Mississippi Judicial College or any institution of higher learning or community college.
See § 83-39-5 for information to be included on a License application.
§ 83-39-9. License issuance
See § 83-39-11 for License fees.
For denials, suspensions, etc. of licenses and procedures for the appeal of such see:
- Mississippi bail agent’s arrest authority.
- West’s Annotated Mississippi Code Title 99. Criminal Procedure Chapter 5. Bail § 99-5-27. Surrender of principal on bond; liability; authority to make arrest; interview of defendant
- (2)(a) Bail, or its agent, at any time, may surrender its principal to any law enforcement agency or in open court in discharge of its liability on the principal’s bond if the law enforcement agency that was involved in setting the original bond approves of such surrender, to the State of Mississippi and any of its courts and at any time may arrest and transport its principal anywhere or may authorize another to do so, may be assisted by any law enforcement agency or its agents anywhere upon request of bail and may receive any information available to law enforcement or the courts pertaining to the principal for the purpose of safe surrender or for any reasonable cause in order to safely return the principal to the custody of law enforcement and the court.
(b) Bail, or its agent, at any time, may arrest its principal anywhere or authorize another to do so for the purpose of surrender of the principal on bail bond. Failure of the sheriff or chief of police or his jailer, any law enforcement agency or its agents or the court to accept surrender by bail or its agent shall relieve bail of any liability on principal’s bond, and the bond shall be held for naught.
(3) Bail, or its agent, at any time, upon request by the defendant or others on behalf of the defendant, may privately interview the defendant to obtain information to help with surrender before posting any bail bond on behalf of the defendant. All licensed bail agents shall have equal access to jails or detention facilities for the purpose of such interviews, the posting of bail bonds and the surrender of principal.
- Mississippi bounty hunter (fugitive apprehension) provisions:
- There are currently no provisions relating to bounty hunters
- Links to State and Local Authorities:
Please check with the Mississippi’s Department of Insurance, Licensing Board and/or Local Law Enforcement for the most recent updates. If you know of any updates to Mississippi’s bail bond laws, please provide as much detail as possible and send to us using our contact form.