CHAPTER 186

An Act to amend the Code of Virginia by adding in Chapter 10, Title 38,
sections numbered 88-348.1 and 88-843.2, so as to authorize qualified
surety companies to become surety to the extent of two hundred dol-
lars with respect to guaranteed arrest bond certificates of automobile
clubs and associations, and requiring the acceptance of such guaran-
teed arrest bond certificates in lieu of cash bail in the event of cer-
tain violations of motor vehicle laws. 3 109)

Approved March 5, 1952

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding in Chapter 10,
Title 38, sections numbered 38-343.1 and 38-343.2, as follows:

5 Op 48.1. (1) Any domestic or foreign surety company which has
qualified to transact surety business in this State may, in any year, be-
come surety in an amount not to exceed two hundred dollars with respect
to any guaranteed arrest bond certificates issued in such year by an auto-
mobile club or association by filing with the State Corporation Commis-
sion an undertaking thus to become surety. |

(2) Such undertaking shall be in form to be prescribed by the Com-
mission and shall state the following:

(a) The name and address of the automobile club or clubs or auto-
mobile association or associations with respect to the guaranteed arrest
bond certificates of which the surety company undertakes to be surety.

(b) The unqualified obligation of the surety company to pay the
fine or forfeiture in an amount not to exceed two hundred dollars of any
person who, after posting a guaranteed arrest bond certificate with re-
spect to which the surety company has undertaken to be surety, fails to
make the appearance to guarantee which the guaranteed arrest bond cer-
tificate was posted.

(3) The term, guaranteed arrest bond certificate, as used herein,
means any printed card or other certificate issued by an automobile club
or association to any of its members, which said card or certificate is
signed by such member and contains a printed statement that such auto-
mobile club or association and a surety company guarantee the appearance
of the person whose signature appears on the card or certificate and that
they will, in the event of failure of such person to appear in court at the
time of trial, pay any fine or forfeiture imposed on such person in an
amount not to exceed two hundred dollars.

§ 38-343.2. Any guaranteed arrest bond certificate with respect to
which a surety company has become surety, as provided in § 38-343.1,
shall, when posted by the person whose signature appears thereon, be
accepted in lieu of cash bail in an amount not to exceed two hundred dol-
lars, as a bail bond, to guarantee the appearance of such person in any
court, including municipal courts, in this State, at such time as may be
required by the court, when such person is arrested for violation of any
motor vehicle law of this State or ordinance of any municipality in this
State (except for the offense of driving while intoxicated or for any felony)
committed prior to the date of expiration shown on such guaranteed ar-
rest bond certificates; provided, that any such guaranteed arrest bond
certificate so posted as a bail bond in any court in this State shall be sub-
ject to the forfeiture and enforcement provisions with respect to bai
bonds posted in criminal cases as set forth in Chapter 5 of Title 19 of
the Code of Virginia as it now exists or may hereafter be amended, anc
that any such guaranteed arrest bond certificate posted as a bail bond ir
any municipal court in this State shall be subject to the forfeiture anc
enforcement provisions of the chapter or ordinance of the particular muni.
cipality pertaining to bail bonds posted.

2. If any clause, phrase, word or section of this act be declared unconsti.
tutional or invalid for any reason by any court of competent jurisdiction.
the remaining portions of this act shall be and remain in full force anc
as valid as if such clause, phrase, word or section had not been incorpo-
rated herein.
3. An emergency exists and this act is in force from its passage.