HB 313 - Limits Charitable Bail Assistance - Kentucky Key Vote

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Title: Limits Charitable Bail Assistance

Vote Smart's Synopsis:

Vote to pass a bill that limits charitable bail assistance.

Highlights:

 

  • Defines “bail bondsman” as any person, partnership, or corporation partaking in a for profit business of, but not limited to, the following (Sec. 1):

    • Furnishing bail, making bonds, or entering undertakings for the appearance of individuals charged with law violations punishable by fines, imprisonment, or death; or

    • Acquiring the payment regarding imposed fines and the court's final disposition of assessed costs.

  • Specifies that bail bondsmen are limited to the business of the acts, transactions, and undertakings described (Sec. 1).

  • Defines “charitable bail organization” as an institution soliciting or accepting donations from the public for, but not limited to, the following purposes (Sec. 1):

    • Furnishing bail, making bonds, or entering undertakings for the appearance of individuals charged with law violations punishable by fines, imprisonment, or death; or

    • Acquiring the payment regarding imposed fines and the court's final disposition of assessed costs. 

  • Specifies that charitable bail organizations are unable to perform the following (Sec. 1): 

    • Furnishing bail, funds or property serving as bail in the amount of $5,000 or more; or 

    • Making bonds or entering undertakings with a value of $5,000 or more. 

  • Requires the photo identification of any person posting bail or bond on behalf of an organization (Sec. 1).

  • Prohibits any person from engaging in the business of bail bondsman for compensation or other consideration in the form of (Sec. 1):

    • Furnishing bails, funds, or property servings as bail;

    • Making bonds; 

    • Entering undertakings for the appearance of individuals charged with law violations punishable by fines, imprisonment, or death; or

    • Acquiring the payment regarding imposed fines and the court's final disposition of assessed costs. 

  • Prohibits charitable bail organizations, regardless of the amount, from the furnishing of bail, funds, or property used as bail, entering undertakings for (Sec. 1): 

    • Offenses regarding domestic violence and abuse;

    • Offenses regarding dating violence and abuse; or

    • Individuals being held under a civil court order issued under KRS 222.430 to 222.437.

  • Requires that charitable bail organizations must maintain and disclose the following information to the Interim Joint Committee on Judiciary every year no later than October 31 (Sec. 1):

    • Organization expenditures;

    • A separate report containing the amount furnished for bail, funds, or property servings as bail; and

    • Total number of individuals and offense classifications for those who were provided those resources.

  • Requires that if a bond posted by a charitable organization is ruled forfeited due to engagement of a new criminal offense, the victim of the recent crime will be given the bond (Sec. 1).

  • Specifies that bail bondsmen licensed by this state are still under the obligation of undischarged bail bond liability (Sec.1).

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