CHAPTER 321

An Act to amend and reenact § 58-871.2, as amended, of the Code of
Virginia, relating to the licensing of professional bondsmen.
(S 31}

Approved April 1, 1966

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
ordinance; 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 con-
tinues to remain in full force and effect, no such license shal] be issued
by the authorities of any such county or city unless and until the applicant
shall have first obtained 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 shal] authorize such person to enter into such bonds in such
county or city.
No professional bondsman shall enter into any such bond if the
aggregate 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 hustings 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 penalty 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
reasonable 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 negotiable 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, provided that said clerk is acting under a bond of sufficient amount
and coverage to insure protection against loss, theft, or misappropriation.
Upon his violation of such rules, he may, after hearing upon a charge
of such violation, 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
me ordinance and may in addition prescribe penalties for violations

ereof.

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, except that in any city in this
Siute having a population of more than seventy thousand and less than
ninety-five thousand, the provisions of this section shall apply to
agents and attorneys in fact of guaranty, indemnity, fidelity and security
companies entering into bonds for bail, appearances, costs or appeal in
such city, except that such company shall not be required to place cash
or bonds in escrow with the court as hereinbefore required in other
countiee and cities.