.510 Prohibitions.
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431.510 Prohibitions.
(1)
It shall be unlawful for any person to engage in the business of bail bondsman as
defined in subsection (3) of this section, or to otherwise for compensation or other
consideration:
(a) Furnish bail or funds or property to serve as bail; or
(b) Make bonds or enter into undertakings as surety;
for the appearance of persons charged with any criminal offense or violation of law
or ordinance punishable by fine, imprisonment or death, before any of the courts of
this state, including city courts, or to secure the payment of fines imposed and of
costs assessed by such courts upon a final disposition.
(2)
Nothing contained herein shall serve to release any bail bondsman heretofore
licensed by this state from the obligation of undischarged bail bond liability existing
on June 19, 1976.
(3)
"Bail bondsman" shall mean any person, partnership, or corporation engaged for
profit in the business of furnishing bail, making bonds or entering into undertakings,
as surety, for the appearance of persons charged with any criminal offense or
violation of law or ordinance punishable by fine, imprisonment, or death, before any
of the courts of this state, or securing the payment of fines imposed and of costs
assessed by such courts upon final disposition thereof, and the business of a bail
bondsman shall be limited to the acts, transactions, and undertakings described in
this subsection and to no other.
(4)
KRS 431.510 to 431.550 shall not be construed to limit or repeal KRS 431.021 or to
prevent licensed insurers providing security required by Subtitle 39 of KRS Chapter
304 and nonprofit associations from posting or causing to be posted by licensed
insurers security or acting as surety for their insureds or members for an offense
arising from the operation of a motor vehicle, provided that such posting of security
or acting as surety is merely incidental to the terms and conditions of an insurance
contract or a membership agreement and provided further that no separate premium
or charge therefor is required from the insureds or members.
Effective: July 13, 2004
History: Amended 2004 Ky. Acts ch. 24, sec. 47, effective July 13, 2004. -- Created
1976 Ky. Acts ch. 2, sec. 1.