A. A licensed bail bondsman shall be permitted to accept collateral security or other indemnity from the principal, which shall be returned upon final termination of liability on the bond, including the conclusion of all appeals or appeal periods. Such collateral security or other indemnity required by the bail bondsman shall be reasonable in relation to the amount of the bond.
B. When a bondsman accepts collateral, he shall give a written receipt to the depositor. The receipt shall provide a full description of the collateral received and the terms of redemption or forfeiture. The receipt shall also include the depositor's name and contact information.
C. Any bail bondsman who receives collateral in connection with a bail transaction shall receive such collateral in a fiduciary capacity, and prior to any forfeiture of bail shall keep it separate and apart from any other funds or assets of such bail bondsman. In the event a bondsman receives collateral in the nature of a tangible good, it shall be a per se violation of the bail bondsman's fiduciary duty to make personal use of any such collateral unless there is a proper forfeiture of bail.
D. Any collateral received shall be returned with all due diligence to the person who deposited it with the bail bondsman or any assignee other than the bail bondsman as soon as the obligation is discharged and all fees owed to the bail bondsman have been paid. In any event, after a specific request for the return of the collateral by the depositor, the collateral shall be returned within 15 days after all fees owed have been paid.
2004, c. 460.
Structure Code of Virginia
Title 9.1 - Commonwealth Public Safety
Chapter 1 - Department of Criminal Justice Services
§ 9.1-100. Department of Criminal Justice Services
§ 9.1-101. (For contingent expiration date, see Acts 2021, Sp. Sess. I, cc. 524 and 542) Definitions
§ 9.1-101. (For contingent effective date, see Acts 2021, Sp. Sess. I, cc. 524 and 542) Definitions
§ 9.1-101.1. Certified mail; subsequent mail or notices may be sent by regular mail
§ 9.1-102. (Effective until January 1, 2023) Powers and duties of the Board and the Department
§ 9.1-102. (Effective January 1, 2023) Powers and duties of the Board and the Department
§ 9.1-102.1. Photo-identification cards
§ 9.1-103. Direct operational responsibilities in law enforcement not authorized
§ 9.1-104. Establishment of victim and witness assistance programs; purpose; guidelines
§ 9.1-105. Intensified Drug Enforcement Jurisdictions Fund
§ 9.1-106. Regional Criminal Justice Academy Training Fund; local fee
§ 9.1-107. Powers and duties of Director
§ 9.1-108.1. Executive Committee; authority; effect of certain actions
§ 9.1-109. Administration of federal programs
§ 9.1-110. School Resource Officer Grants Program and Fund
§ 9.1-112. Committee on Training; membership
§ 9.1-112.1. Criminal justice training academies; curriculum
§ 9.1-113. Compliance with minimum training standards by certain officers; exceptions
§ 9.1-114.1. Compliance with minimum training standards by school resource officers
§ 9.1-116. Exemptions of certain persons from certain training requirements
§ 9.1-116.1. Virginia Sexual and Domestic Violence Victim Fund; purpose; guidelines
§ 9.1-116.3. Virginia Sexual and Domestic Violence Program Professional Standards Committee
§ 9.1-116.4. Virginia Prevention of Sex Trafficking Fund; purpose; guidelines
§ 9.1-116.5. Sex Trafficking Response Coordinator; duties; report
§ 9.1-116.6. Virginia Gun Violence Intervention and Prevention Fund; purpose; guidelines
§ 9.1-116.7. (Expires July 1, 2023) Body-Worn Camera System Fund
§ 9.1-126. Application and construction of article
§ 9.1-129. Participation of state and local agencies in interstate system; access to system limited
§ 9.1-130. Procedures to be adopted by agencies maintaining criminal justice information systems
§ 9.1-132. Individual's right of access to and review and correction of information
§ 9.1-133. Certain information not subject to review or correction
§ 9.1-135. Civil remedies for violation of this chapter or Chapter 23 of Title 19.2
§ 9.1-136. Criminal penalty for violation
§ 9.1-137. Article to control over other laws; exceptions
§ 9.1-139. Licensing, certification, and registration required; qualifications; temporary licenses
§ 9.1-140.1. Registration; waiver of examination; locksmiths
§ 9.1-141. Powers of Board relating to private security services business
§ 9.1-142. Powers of Department relating to private security services businesses
§ 9.1-143. Private Security Services Advisory Board; membership
§ 9.1-145. Fingerprints required; penalty
§ 9.1-146. Limitation on powers of registered armed security officers
§ 9.1-147. Unlawful conduct generally; penalty
§ 9.1-148. Unlawful procurement of a license; penalty
§ 9.1-149. Unlicensed activity prohibited; penalty
§ 9.1-149.1. Unlawful advertisement for regulated services; notice; penalty
§ 9.1-150.4. Unlawful conduct; penalties
§ 9.1-151. Court-Appointed Special Advocate Program; appointment of advisory committee
§ 9.1-152. Local court-appointed special advocate programs; powers and duties
§ 9.1-155. Notice of hearings and proceedings
§ 9.1-156. Inspection and copying of records by advocate; confidentiality of records
§ 9.1-157. Cooperation of state and local entities
§ 9.1-161. Crime prevention specialists; duties
§ 9.1-162. Eligibility for crime prevention specialists
§ 9.1-166. Local governments to receive state funds for law enforcement
§ 9.1-167. Calculation of adjusted crime index; use
§ 9.1-168. Eligibility for funds
§ 9.1-169. Total amount and method of distribution of funds to counties and cities
§ 9.1-170. Distribution of funds to towns
§ 9.1-171. Distribution of discretionary fund
§ 9.1-172. Periodic determination of weights and constants
§ 9.1-173.1. Procedures for treatment of veterans and active service members
§ 9.1-174. Establishment of a community-based probation services agency
§ 9.1-175. Board to prescribe standards; biennial plan
§ 9.1-176. Mandated services; optional services and facilities
§ 9.1-176.1. Duties and responsibilities of local community-based probation officers
§ 9.1-177. Form of oath of office for local community-based probation officers
§ 9.1-178. Community criminal justice boards
§ 9.1-179. Withdrawal from services
§ 9.1-180. Responsibilities of community criminal justice boards
§ 9.1-181. Eligibility to participate
§ 9.1-182. Funding; failure to comply; prohibited use of funds
§ 9.1-183. City or county to act as administrator and fiscal agent
§ 9.1-184. Virginia Center for School and Campus Safety created; duties
§ 9.1-185.1. Inapplicability of this article
§ 9.1-185.2. Powers of the Criminal Justice Services Board relating to bail bondsmen
§ 9.1-185.3. Powers of Department of Criminal Justice Services relating to bail bondsmen
§ 9.1-185.4. Limitations on licensure
§ 9.1-185.5. Bail bondsman licensure requirements
§ 9.1-185.6. Licenses; renewal
§ 9.1-185.7. Licensure of nonresidents
§ 9.1-185.8. Professional conduct standards; grounds for disciplinary actions
§ 9.1-185.9. Solicitation of business; standards; restrictions and requirements
§ 9.1-185.10. Collateral received in the course of business; standards and requirements
§ 9.1-185.11. Firearms, training and usage; standards and requirements
§ 9.1-185.12. Uniforms and identification; standards and restrictions
§ 9.1-185.13. Documentation and recordkeeping standards and requirements
§ 9.1-185.14. Reporting standards and requirements
§ 9.1-185.15. Recovery of bailees; methods of capture; standards and requirements; limitations
§ 9.1-185.16. Department submission to the State Corporation Commission
§ 9.1-185.17. Department submissions to local and regional correctional facilities
§ 9.1-186.1. Inapplicability of article
§ 9.1-186.2. Powers of Department and Board relating to bail enforcement agents
§ 9.1-186.3. Powers of Department relating to bail enforcement agents
§ 9.1-186.4. Limitations on licensure
§ 9.1-186.5. Bail enforcement agent license; criminal history records check
§ 9.1-186.6. Licenses; renewal
§ 9.1-186.7. Licensure of nonresidents
§ 9.1-186.8. Professional conduct standards; grounds for disciplinary actions
§ 9.1-186.9. Firearms, training and usage; standards and requirements
§ 9.1-186.10. Uniforms and identification; standards and restrictions
§ 9.1-186.11. Reporting standards and requirements
§ 9.1-186.12. Recovery of bailees; methods of capture; standards and requirements; limitations
§ 9.1-186.13. Penalties, criminal and monetary
§ 9.1-187. Establishment of crisis intervention team programs
§ 9.1-188. Crisis intervention training program
§ 9.1-189. Crisis intervention team protocol
§ 9.1-190. Crisis intervention team program assessment
§ 9.1-191. Virginia sexual assault forensic examiner coordination program
§ 9.1-192. Community Policing Reporting Database; annual report