CHAPTER 576
An Act to amend and reenact § 58-371.2, as amended, of the Code of
Virginia, relating to revenue licenses for professional bondsmen.

[H 681]
Approved March 31, 1964
Be it enacted by the General Assembly of Virginia:

1. That § 58-371.2, as amended, of the Code of Virginia, be amended
and reenacted as follows:

§ 58-371.2. The governing body of any county or city may by ordi-
nance require that every person who shall, for compensation, enter into
any bond or bonds for others, whether as a principal or surety, shall obtain
a revenue license the amount of which shall be prescribed in such ordi-
nance; and no such professional bondsman or his agent shall enter into any
such bond or bonds in any such county or city until he shall have obtained
such license. With the exception of any bondsman or his agent who has
heretofore obtained a certificate and license under this section and whose
certificate, license and right to act as a bondsman continues to remain in
full force and effect, no such license shall be issued by the authorities of
any such county or city unless and until the applicant shall have first ob-
tained a certificate from the judge of the circuit court of the county, or the
judge of the corporation, or hustings court, or of the circuit court if there
be no corporation or hustings court of the city, in which he desires to
carry on the business of professional bondsman, approving the issuance of
the license and certifying that the applicant is of good moral character,
that his past conduct before the courts of said county or city has not been
unsatisfactory and is suitable to be so licensed, and provided further that
before the issuance of such certificate the judge of the corporation, hustings
or circuit court, as the case may be, may confer with the judge or judges of
those courts in which such bondsman seeks to act. A license granted to a
professional bondsman in any such county or city shall authorize such per-
son to enter into such bonds in such county or city.

No professional bondsman shall enter into any such bond if the ag-
gregate of the penalty of such bond and all other bonds, on which he has
not been released from liability, is in excess of the true market value of his
real estate. Each professional bondsman licensed hereunder shall file with
the clerk of the circuit court of a county or the corporation, circuit or hust-
ings court of the city in which he is licensed not later than the fifth day of
each month a list of all outstanding bonds on which he was obligated as of
the last day of the preceding month, together with the amount of the pen-
alty of each such bond.

Any professional bondsman or agent for any professional bondsman,
qualified under this section, shall be subject to and governed by any reason-
able rules of conduct or procedure set up by the judge or justice of the
court in which he is acting as a bondsman which may include a requirement
that such bondsman or agent place a reasonable amount of cash or ne-
gotiable bonds in escrow with the clerk of said court to be held during the
time such bondsman or agent is acting as a bondsman in said court, pro-
vided that said clerk is acting under a bond of sufficient amount and cover-
age to insure protection against loss, theft, or misappropriation. Upon his
violation of such rules, he may, after hearing upon a charge of such viola-
tion, be suspended from entering into further bonds in said court by the
judge or justice thereof. If such bondsman or agent fails to have in escrow
with the clerk of said court a sum sufficient to cover any forfeiture of
bond against him and fails or refuses to pay such forfeiture after notice
and demand by the judge or justice of the court he may be suspended by
such judge or justice from entering into further bonds in said court until
the forfeiture is paid or it is adjudicated that he is not liable thereon.

No person shall be licensed hereunder either as a professional bonds-
man or agent for any professional bondsman, when such person, or his or
her spouse, holds any office as justice of the peace, magistrate, clerk or
deputy clerk of any court.

Any ordinance enacted pursuant to the provisions of this section may
provide for revocation of licenses for failure to comply with the terms of
such ordinance and may in addition prescribe penalties for violations
thereof.

Nothing in this section shall be construed to apply to guaranty, in-
demnity, fidelity and security companies doing business in Virginia under
the provisions of §§ 38.1-269 to 38.1-657.