58-22-1. Definition of terms.
Terms used in this chapter mean:
(1)"Bail bond," cash, property or surety given to obtain a defendant's release;
(1A)"Bail bondsman," a surety bondsman, professional bondsman, or a property bondsman;
(1B)"Cash," the coins and bills issued by the government of the United States and does not include the transfer of funds electronically;
(2)"Insurer," any domestic, foreign, or alien surety company which has qualified generally to transact surety business and specifically to transact bail bond business in this state;
(3)"Professional bondsman," any person who has been approved by the director and who pledges cash or approved unregistered bonds as security for a bail bond in connection with a judicial proceeding and receives or is promised money or other things of value;
(4)"Property bondsman," a person who pledges real or other property as security for a bail bond in a judicial proceeding and who receives or is promised money or other things of value therefor;
(5)"Runner," a person employed by a bail bondsman for the purpose of assisting the bail bondsman in presenting the defendant in court when required or to assist in apprehension and surrender of defendant to the court, or keeping defendant under necessary surveillance. This does not affect the right of a bail bondsman to hire counsel or to ask assistance of law enforcement officers;
(6)"Surety bondsman," any person who has been approved by the director and appointed by an insurer by power of attorney to execute or countersign bail bonds for the insurer in connection with judicial proceedings and who receives or is promised money or other things of value therefor.
Source: SL 1966, ch 111, ch 31, §1; SL 2013, ch 250, §1.
Structure South Dakota Codified Laws
Chapter 22 - Bail Bondspersons
Section 58-22-1 - Definition of terms.
Section 58-22-2 - Qualifications of surety for release of person on bail.
Section 58-22-3 - Persons disqualified as bail bondspersons or runners--Violation as felony.
Section 58-22-6 - Application for license--Affirmative showing of qualifications.
Section 58-22-7 - License fee submitted to director--Fingerprints and photograph of applicant.
Section 58-22-8 - Surety bondspersons annual list--Subsequent appointments--Fees.
Section 58-22-10 - Professional bondsman--Annual financial statement furnished by applicant.
Section 58-22-12 - Application for license as runner--Affirmative showing of qualifications.
Section 58-22-13 - Runner's application--Fees--Fingerprints and photograph of applicant.
Section 58-22-16 - Examination of bail bondsperson or runner.
Section 58-22-17 - Examination fee.
Section 58-22-18 - Failure of applicant to pass--Subsequent examinations.
Section 58-22-19 - Expiration of licenses.
Section 58-22-20 - Renewal license--Issuance by director--Fee.
Section 58-22-21 - Causes for denial, suspension, revocation, or refusal to renew license.
Section 58-22-24 - Deposit by professional bondsperson--Amount--Law governing--Waiver.
Section 58-22-25 - Annual registration required--Violation as misdemeanor.
Section 58-22-29 - Giving or promising anything of value to principal as misdemeanor.
Section 58-22-31 - Receipt for collateral--Description of collateral received.
Section 58-22-32 - Solicitation of business where prisoners confined as misdemeanor.
Section 58-22-34 - Giving anything of value to attorney in bail bond matter as felony--Exception.
Section 58-22-35 - Bail bondsperson or runner acting as attorney prohibited--Misdemeanor.
Section 58-22-36 - Advising employment of particular attorney as misdemeanor.
Section 58-22-38 - Annual list of forfeitures of bonds--Contents.
Section 58-22-40 - Surety's right to enforce indemnity agreement limited by affidavit.
Section 58-22-41 - Deposit by defendant admitted to bail.
Section 58-22-43 - Bail other than deposit--Cancellation by deposit.
Section 58-22-44 - Undertaking for appearance before a magistrate or court--Time of appearance.
Section 58-22-45 - Liability on undertaking unaffected by defects.
Section 58-22-46 - Validity of undertaking entered into on Sunday or holiday.
Section 58-22-47 - Administration and enforcement of chapter by director--Employment of personnel.
Section 58-22-49 - Written appointment required with application for runner's license.
Section 58-22-50 - Licensee to notify Division of certain convictions.
Section 58-22-52 - List of runners to be furnished to director--Fee.
Section 58-22-54 - Enforcement of title permitted although license surrendered or lapsed.