THE COURTS

Title 255—LOCAL
COURT RULES

LANCASTER COUNTY

Rules of Criminal Procedure No. 531; Qualifications of Surety; No. 7 AD 2011; CPJ. No. 7, Page 1357

[41 Pa.B. 3972]
[Saturday, July 23, 2011]

Administrative Order

 And Now, this 28th day of June, 2011, it is hereby Ordered that new Lancaster County Rule of Criminal Procedure No. 531 is adopted as follows:

 The Court Administrator is directed to:

 1. File one (1) certified copy of this Order and Rule with the Administrative Office of Pennsylvania Courts.

 2. File two (2) certified paper copies and one (1) diskette or CD-ROM containing this Order and Rule with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

 3. Publish a copy of this Order and Rule on the Unified Judicial System's web site at http://ujsportal.pacourts.us/localrules/ruleselection.aspx

 4. Keep continuously available for public inspection copies of the Order and Rule in the Prothonotary and Clerk of Courts Office.

 This Order shall become effective 30 days after publication in the Pennsylvania Bulletin.

By the Court

JOSEPH C. MADENSPACHER, 
President Judge

Rule 531. Qualifications of Surety.

A. Approved Bondsman List

 1. The Clerk of Courts shall compile, maintain, and make available for public inspection a list of approved bondsman (professional or fidelity/surety agent), hereinafter referred to as the ''Approved Bondsman List'', qualified to act as bail sureties in Lancaster County.

 2. A bondsman (professional or fidelity/surety agent) is not permitted to act as a bail surety in Lancaster County unless he/she appears on the Approved Bondsman List on the date the bond is signed.

 3. The Clerk of Courts shall promptly notify the District Attorney's Office, Solicitor's Office, Prison Warden, Bail Administration, the Office of the Prothonotary, and Court Administration of the addition or removal of any bondsman to the Approved Bondsman List.

B. Professional Bondsman

 A professional bondsman shall not be included on the Approved Bondsman List unless he/she:

 1. Provides the Clerk of Courts with a currently valid registration and license from the Commonwealth of Pennsylvania, Department of Insurance pursuant to 42 Pa.C.S.A. § 5742;

 2. Provides the Clerk of Courts with proof that he/she maintains an office within Lancaster County, Pennsylvania, from which he/she conducts business pursuant to 42 Pa.C.S.A. § 5744, and;

 3. Posts and maintains as security with the Clerk of Courts, a Reserve Account in the amount of twenty-five thousand dollars ($25,000.00) in United States currency.

C. Fidelity/Surety Company and Agent

 1. A fidelity/surety company shall not be permitted to have agents on the Approved Bondsman List unless a currently valid registration and license from the Commonwealth of Pennsylvania, Department of Insurance pursuant to 40 P. S. §§ 831 et. seq. is provided to the Clerk of Courts.

 2. Each agent of the fidelity/surety company must post and maintain as security with the Clerk of Courts a Reserve Account in the amount of twenty-five thousand dollars ($25,000.00) in United States currency.

D. Removal from Approved Bondsman List

 1. A bondsman (professional or fidelity/surety agent) may be removed from the Approved Bondsman List for any of the following reasons:

 a. failure to comply with any of the rules as set forth herein;

 b. failure to comply with any applicable law or regulation of the Commonwealth of Pennsylvania or Rule of Court of Pennsylvania or of Lancaster County;

 c. suspension or revocation of a license or registration by the Commonwealth of Pennsylvania, Department of Insurance or by any Court of Common Pleas;

 d. failure to maintain a Reserve Account in the amount of twenty-five thousand dollars ($25,000.00);

 e. the amount of the professional bondsman's outstanding bail forfeitures exceeds three hundred thousand dollars ($300,000.00) as determined by the Lancaster County Solicitor's Office;

 f. failure to pay a bail obligation into the Bail Judgment Account, referred to in Rule 536.1, as required, or;

 g. failure to file quarterly reports with the Clerk of Courts within thirty (30) days of the end of each quarter.

 2. A fidelity/surety company and its agents may be removed from the Approved Bondsman List if the aggregate amount of outstanding bail forfeitures for the fidelity/surety company exceeds five hundred thousand dollars ($500,000.00) as determined by the Lancaster County Solicitor's Office.

 3. Prior to the removal of a bondsman or fidelity/surety company from the Approved Bondsman List, the bondsman or fidelity/surety company shall be notified in writing of the intent to remove the bondsman or fidelity/surety company from the Approved Bondsman List and the reason(s) for removal and shall be provided with ten (10) days to remedy the basis for removal.

E. Reserve Account

 1. The Clerk of Courts shall create and maintain a separate account known as the ''Reserve Account'' for each bondsman or fidelity/surety company on the Approved Bondsman List.

 2. The bondsman or fidelity/surety company shall be solely responsible for making the deposits into his/her/its respective Reserve Account as required by this Rule.

[Pa.B. Doc. No. 11-1217. Filed for public inspection July 22, 2011, 9:00 a.m.]

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