THE COURTS
LEHIGH COUNTY
Adoption of Criminal Rules 101.1, 103.1, 531.2 and 536.1 Relating to Bail; AD-7-2014
[44 Pa.B. 7663]
[Saturday, December 13, 2014]
Order And Now, this 19th day of November, 2014, It Is Ordered that the Bail Rules promulgated on May 30, 2014 by this Court are hereby Vacated;
It Is Further Ordered that the following Rules of Criminal Procedure, in and for the 31st Judicial District of Pennsylvania composed of Lehigh County, be, and the same are, promulgated herewith, to become effective thirty (30) days after their publication in the Pennsylvania Bulletin.
It Is Further Ordered that two (2) certified copies and one (1) electronic copy shall be filed with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin; that one (1) certified copy shall be filed with the Criminal Rules Committee of the Supreme Court of Pennsylvania; that one (1) certified copy shall be filed with the Administrative Offices of Pennsylvania Courts; that one (1) copy shall be filed with the Clerk of Judicial Records of Lehigh County; and that one (1) copy shall be published in The Lehigh County Bar Journal.
By the Court
KELLY L. BANACH,
Administrative Judge
Lehigh County Bail Rules Rule 101.1. Construction of Rules; Consistency with Statewide Rules.
(a) All rules of construction adopted by the Supreme Court of Pennsylvania shall apply to local rules adopted by the Court of Common Pleas of Lehigh County that govern the practice and procedure in criminal matters.
(b) Any requirement imposed by these rules is in addition to, and not in lieu of, the requirements under the Pennsylvania Rules of Criminal Procedure.
(c) No pleading or other legal paper shall be refused for filing by the clerk of courts based upon a failure to comply with a requirement imposed by these rules. No case shall be dismissed nor request for relief granted or denied because of a failure to comply with such a requirement. If a party fails to comply with such a requirement, the court shall notify the party of the failure and provide a reasonable time for the party to comply with the requirement.
Rule 103.1. Definitions.
(a) Definitions contained in Pa.R.Crim.P. 103 shall apply to all local rules heretofore and hereafter adopted which govern practice and procedure in criminal matters.
(b) The following words and phrases, when used in any Lehigh County Rule of Criminal Procedure, shall have the following meanings:
Bail Enforcement Agent is an individual who performs services or takes action for the purpose of enforcing the terms and conditions of a defendant's release from custody on bail, including locating, apprehending and surrendering a defendant released from custody on bail who has failed to appear at a specified time and place pursuant to Order of Court. The term does not include police officers, sheriffs, court officers or law enforcement personnel who execute warrants of arrest for bail forfeitures pursuant to their official duties.
Clerk of Judicial Records, Criminal Division is the Chief Deputy of the Lehigh County Clerk of Judicial Records, Criminal Division.
Corporate Surety is any corporation, limited liability corporation, fidelity company or other legal entity which issues bail bonds as an insurer and is licensed by the Pennsylvania Department of Insurance to do so in the Commonwealth of Pennsylvania.
Surety Agent is any individual appointed by a Corporate Surety as an agent and engages in the business of providing bail, providing or soliciting bail undertakings and/or providing or soliciting indemnity or counter-indemnity to others on bail undertakings and is licensed by the Pennsylvania Department of Insurance to do so in the Commonwealth of Pennsylvania.
Surety Agency is a corporation, partnership, limited liability company or other legal entity directly appointed by a Corporate Surety which engages in the business of providing bail, providing or soliciting bail undertakings and/or providing or soliciting indemnity or counter-indemnity to others on bail undertakings and is licensed by the Pennsylvania Department of Insurance to do so in the Commonwealth of Pennsylvania; or a corporation, partnership, limited liability company or other legal entity which is owned by, employs or contracts with one or more individual Surety Agents as defined herein.
Department of Law is the Lehigh County Department of Law.
Pretrial Services is Lehigh Valley Pretrial Services, Inc.
President Judge is the President Judge of the Court of Common Pleas of Lehigh County.
Professional Bail Bondsman is an individual who, in strict compliance with the Pennsylvania Professional Bondsman Act, 42 Pa.C.S. § 5741—5749: (1) engages in the business of giving bail, giving or soliciting undertakings, or giving or soliciting indemnity or counter-indemnity to securities on undertakings; or (2) within a period of 30 days has become a surety, or has indemnified a surety, for the release on bail of a person, with or without a fee or compensation, or promise thereof; in three or more matters not arising out of the same transaction and is licensed by the Pennsylvania Department of Insurance to do business in the Commonwealth of Pennsylvania.
Rule 531.2. Regulation of Corporate Sureties, Surety Agents, Surety Agencies and Professional Bail Bondsmen.
(a) Seeking Approval as a Surety Agent, Surety Agency or Professional Bail Bondman. A Surety Agency, on behalf of itself and its Surety Agents, or Professional Bail Bondsman may seek approval to post bail in the Thirty-first Judicial District by filing a petition with the Clerk of Judicial Records, Criminal Division. The petition must provide the information and have attached as exhibits any documents and certifications required of the petitioner in subsection (b) herein. Upon filing, the petition will be assigned to a Judge for determination.
(b) Requirements to Become Qualified. To become qualified to post bond in Lehigh County:
(1) Each Corporate Surety, Surety Agent, Surety Agency and Professional Bail Bondsman must be in compliance with all laws, statutes, local and state rules of court as may be established from time to time;
(2) Each Corporate Surety must file with the Clerk of Judicial Records, Criminal Division satisfactory proof that the Corporate Surety is authorized by the Pennsylvania Department of Insurance to do business in the Commonwealth of Pennsylvania. A current and valid Certificate of Authority issued by the Pennsylvania Insurance Department showing that the Corporate Surety is authorized to transact the business of Fidelity and Surety under 40 P. S. § 382(1) shall be deemed satisfactory proof under this subsection;
(3) Each Corporate Surety must file with the Clerk of Judicial Records, Criminal Division satisfactory proof of the agency relationship between the Corporate Surety and the Surety Agents and Surety Agencies authorized to act on its behalf. A current and valid Appointment Form filed with the Pennsylvania Insurance Department shall be deemed satisfactory proof under this subsection. The execution of any bail bond by such Surety Agent or Surety Agency shall create a valid and binding obligation of the Corporate Surety;
(4) Each Surety Agency must file with the Clerk of Judicial Records, Criminal Division, satisfactory proof that each of its Surety Agents is licensed by the Pennsylvania Department of Insurance;
(5) Each Surety Agency must file with the Clerk of Judicial Records, Criminal Division, a list of all Surety Agents who are authorized to act on its behalf;
(6) Each Professional Bail Bondsman must file with the Clerk of Judicial Records, Criminal Division a list of any currently employed licensed Professional Bail Bondsmen who are authorized to act on its behalf;
(7) Each Corporate Surety and each Surety Agency must file with the Clerk of Judicial Records, Criminal Division a Statement of Official Address which shall provide an address to which service of correspondence, notices, orders and other legal communications shall be made. The mailing by any Lehigh County governmental entity, including but not limited to the Lehigh County Court of Common Pleas, the Lehigh County Clerk of Courts and the Lehigh County Department of Law, of correspondence, notices, orders and other communications by first class mail to said address shall be deemed presumptive proof of service of same and no objection shall be made by any party that the mailing was sent to an improper or incorrect address;
(8) Each Professional Bail Bondsman must file with the Clerk of Judicial Records, Criminal Division, a certification that the Professional Bail Bondsman maintains an office in Lehigh County from which its business is conducted. Each Professional Bail Bondsman must file with the Clerk of Judicial Records, Criminal Division a Statement of Official Address which shall provide the street address of said office located in Lehigh County to which service of correspondence, notices, orders and other legal communications may be made. The mailing by any Lehigh County governmental entity, including but not limited to the Lehigh County Court of Common Pleas, the Lehigh County Clerk of Courts and the Lehigh County Department of Law, of correspondence, notices, orders and other communications by first class mail to said address shall be deemed presumptive proof of service of same and no objection shall be made by any party that the mailing was sent to an improper or incorrect address;
(9) Every Professional Bail Bondsman shall keep at its office in Lehigh County the usual and customary records pertaining to bail bonds posted in Lehigh County, including, but not limited to, such records of bail bonds executed or countersigned by the Professional Bail Bondsman, to enable the court to obtain all relevant information concerning such bail bonds for at least three (3) years after the liability of the Professional Bail Bondsman has been terminated. Such records of bail bonds posted shall be subject to immediate examination, inspection or copying by the Court or its representative at the Professional Bail Bondsman's place of business or, upon request, a copy will be made available to the Court at its place of business or as otherwise directed. Any and all information shall be furnished in such manner or form as the Court requires;
(10) Every Surety Agent and Surety Agency which conducts any business in Lehigh County shall keep at its office the usual and customary records pertaining to bail bonds posted in Lehigh County, including, but not limited to, such records of bail bonds executed or countersigned by the Corporate Surety, Surety Agency or Surety Agent, to enable the court to obtain all relevant information concerning such bail bonds for at least three (3) years after the liability of the Corporate Surety has been terminated. Such records of bail bonds posted shall be subject to immediate examination, inspection or copying by the Court or its representative at the Surety Agency or Surety Agent's place of business or, upon request, a copy will be made available to the Court at its place of business or as otherwise directed. Any and all information shall be furnished in such manner or form as the Court requires;
(11) Each Surety Agency and Professional Bail Bondsman shall file an Affidavit with the Clerk of Judicial Records, Criminal Division, disclosing any convictions for non-summary criminal offenses, with the exception of misdemeanors under the Pennsylvania Vehicle Code, by any owner, officer, director or Surety Agent of the Surety Agency or the Professional Bail Bondsman. The Affidavit must attach a copy of a criminal history records check conducted by the Pennsylvania State Police or, for persons residing in another state, the comparable document for that state, for each such person. A conviction may render the owner, officer, director or Surety Agent of the Surety Agency or the Professional Bail Bondsman ineligible to conduct business in the Thirty-first Judicial District as determined by the Lehigh County Court of Common Pleas in its sole discretion;
(12) Each Corporate Surety must post with the Clerk of Judicial Records, Criminal Division as security $50,000 in United States currency or unencumbered securities of the United States Government per each Surety Agency approved under subsection (a) which posting will entitle the Corporate Surety, the Surety Agency and its Surety Agents to post bonds in Lehigh County;
(13) Each Professional Bail Bondsman which has obtained approval of its petition filed under section (a) hereunder must post with the Clerk of Judicial Records, Criminal Division as security, in increments of $50,000 and no less than $50,000 in United States currency or unencumbered securities of the United States Government, which will entitle the Professional Bail Bondsman, to post bond in an aggregate sum equivalent to the amount posted hereunder;
(14) Each Professional Bail Bondsman must provide to the Clerk of Judicial Records, Criminal Division a financial statement certified by a Certified Public Accountant which verifies that the Professional Bail Bondsman has sufficient assets to satisfy all bail obligations undertaken by or on behalf of the Professional Bail Bondsman in the Thirty-first Judicial District and in other jurisdictions in which the Professional Bail Bondsman conducts business;
(15) Each Surety Agent may post bail only in the name of the Corporate Surety for which it serves as a duly appointed agent or agency and must post bail exactly in the name as appears on that Corporate Surety's Certificate of Authority, and not in the name of any other person or business entity;
(16) Each Corporate Surety must file with the Clerk of Judicial Records, Criminal Division, a copy of the rates approved by the Pennsylvania Department of Insurance for said Corporate Surety;
(17) Each Surety Agency must file with the Clerk of Judicial Records, Criminal Division a schedule of the fees to be charged Criminal Division defendants for issuing the bail bond;
(18) Each Professional Bail Bondsman must certify to the Clerk of Judicial Records, Criminal Division a schedule of the fees to be charged Criminal Division defendants for issuing the bail bond. Such fees may not change unless notice is given to the President Judge at least thirty (30) days prior to the effective date of the proposed revised fees (see 42 Pa.C.S.A. § 5748);
(19) Upon approval of the petition required in subsection (a) of this rule, each Surety Agency and Professional Bail Bondsman shall register with the Clerk of Judicial Records, Criminal Division and pay to the Clerk of Judicial Records, Criminal Division an initial registration fee of $500.00, or such amount as may be established from time to time by the Clerk of Judicial Records, Criminal Division with the approval of the President Judge or his or her designee; and
(20) At the time of filing the Certificate of Authority required in subsection (b)(2) of this rule, each Corporate Surety shall pay to the Clerk of Judicial Records, Criminal Division an initial registration fee of $100.00, or such amount as may be established from time to time by the Clerk of Judicial Records, Criminal Division with the approval of the President Judge or his or her designee.
(c) Requirements to Remain Qualified. To remain qualified to post bond in Lehigh County:
(1) Each Corporate Surety, Surety Agency, Surety Agent and Professional Bail Bondsman must fully comply with all laws, statutes, local rules, rules of court and procedures as may be established from time to time;
(2) Each Corporate Surety, Surety Agency, Surety Agent and Professional Bail Bondsman must maintain compliance with the requirements specified in subsection (b) of this rule to the extent applicable to each;
(3) Each Corporate Surety, Surety Agency and Professional Bail Bondsman must annually update and refile the filings required in subsections (b)(2)—(8) and (11) of this rule to the extent applicable to each;
(4) Each Professional Bail Bondsman must provide quarterly statements certified by the Professional Bail Bondsman that it is in compliance with the security posting requirements specified in subsection (b)(14) of this rule to the Clerk of Judicial Records, Criminal Division;
(5) Each Professional Bail Bondsman must provide to the Clerk of Judicial Records, Criminal Division, on a quarterly basis, or as often as requested by the President Judge, a financial statement certified by a Certified Public Accountant which verifies that the Professional Bail Bondsman has sufficient assets to satisfy all bail obligations undertaken by the Professional Bail Bondsman in the Thirty-first Judicial District and in other jurisdictions in which the Professional Bail Bondsman conducts business;
(6) Each Corporate Surety and Professional Bail Bondsman must satisfy in full any forfeiture order entered against a defendant, the Corporate Surety and/or Professional Bail Bondsman for a defendant's violation of a bail bond within ninety (90) days of the issuance of the order and notice as provided under subsections (b)(7) or (b)(8) herein unless said order has been set aside or stayed by order of the Court of Common Pleas of Lehigh County or pursuant to Pa.R.A.P 1701 et seq. In the event the Corporate Surety or Professional Bail Bondsman fails to satisfy such forfeiture order, the order will be satisfied from the funds posted with the Clerk of Judicial Records, Criminal Division pursuant to subsections (b)(12) or (b)(13) of this rule. In that event, the Corporate Surety and the Surety Agent on the bond or the Professional Bail Bondsman on the bond will be prohibited from posting additional bail until such time as the forfeiture order is satisfied in full and the amount required under subsections (b)(12) or (b)(13) has been replenished and restored in full;
(7) Each Surety Agency and Professional Bail Bondsman must within 30 days notify, in writing, the President Judge and the Department of Law if an owner, officer, director or Surety Agent of the Surety Agency or Professional Bail Bondsman has been charged with any non-summary criminal offense with the exception of misdemeanors under the Pennsylvania Vehicle Code, or if any license necessary for the provision of bail services has been revoked, suspended or not renewed in the Commonwealth of Pennsylvania or any other jurisdiction;
(8) If the aggregate maximum amount of unpaid, unsettled and outstanding bail forfeitures, excluding those where payment is not yet due under subsection (c)(6) herein or that have been set aside or stayed by order of the Court of Common Pleas of Lehigh County or under Pa.R.A.P. 1701 et seq., of a Corporate Surety, as determined by the Clerk of Judicial Records, Criminal Division, equals or exceeds $250,000.00, that Corporate Surety must immediately cease posting bonds and the Clerk of Judicial Records, Criminal Division shall immediately cease accepting bonds by that Corporate Surety as no further bonds by that Corporate Surety are authorized or acceptable for posting in Lehigh County. The Clerk of Judicial Records, Criminal Division shall promptly notify the Department of Law of the occurrence of a Corporate Surety having reached its maximum limit and the Department of Law shall immediately send written notice of that Corporate Surety having reached this maximum limit to that Corporate Surety, the President Judge, the District Attorney and the Magisterial District Judges of Lehigh County and provide a copy of the notification to the Clerk of Judicial Records, Criminal Division. Upon receipt of the notification from the Department of Law, the Magisterial District Judges of Lehigh County shall also immediately cease accepting bonds by that Corporate Surety. When full financial settlement has been made of the outstanding bail forfeitures, the Clerk of Judicial Records, Criminal Division shall promptly notify the Department of Law and the Department of Law shall notify that Corporate Surety, the President Judge, the District Attorney, the Magisterial District Judges of Lehigh County and the Clerk of Judicial Records, Criminal Division that the posting of bonds by that Corporate Surety, Surety Agent may resume;
(9) If the aggregate maximum amount of unpaid, unsettled and outstanding bail forfeitures, excluding those where payment is not yet due under subsection (c)(6) herein or that have been set aside or stayed by order of the Court of Common Pleas of Lehigh County or under Pa.R.A.P. 1701 et seq., of a Surety Agent or Professional Bail Bondsman, as determined by the Clerk of Judicial Records, Criminal Division, equals or exceeds $100,000, the Surety Agent or Professional Bail Bondsman must immediately cease posting bonds and the Clerk of Judicial Records, Criminal Division shall immediately cease accepting bonds by the Surety Agent or Professional Bail Bondsman as no further bonds by the Surety Agent or Professional Bail Bondsman are authorized or acceptable for posting in Lehigh County. The Clerk of Judicial Records, Criminal Division shall promptly notify the Department of Law of the occurrence of a Surety Agent or Professional Bail Bondsman having reached its maximum limit of $100,000 and the Department of Law shall immediately send written notice of the Surety Agent or Professional Bail Bondsman having reached this maximum limit to the Surety Agent, the Professional Bail Bondsman, President Judge, the District Attorney and the Magisterial District Judges of Lehigh County and provide a copy of the notification to the Clerk of Judicial Records, Criminal Division. Upon receipt of the notification from the Department of Law, the Magisterial District Judges of Lehigh County shall also immediately cease accepting bonds by the Surety Agent or Professional Bail Bondsman. When full financial settlement has been made of the outstanding bail forfeitures, the Clerk of Judicial Records, Criminal Division shall promptly notify the Department of Law and the Department of Law shall notifySurety Agent or the Professional Bail Bondsman, the President Judge, the District Attorney, the Magisterial District Judges of Lehigh County and the Clerk of Judicial Records, Criminal Division that the posting of bonds by the Surety Agent or Professional Bail Bondsman may resume;
(10) No Surety Agency, Surety Agent or Professional Bail Bondsman, its employees and agents may represent or identify itself, directly or indirectly, as employees or agents of the Commonwealth of Pennsylvania or Thirty-first Judicial District or the County of Lehigh. The agents and employees of a Surety Agent, Surety Agency or Professional Bail Bondsman must not wear clothing or present badges or any other form of law enforcement credentials that create the impression of employment by the Commonwealth of Pennsylvania, the Thirty-first Judicial District or any of its units, including Pre-trial Services or the Lehigh County Sheriff's Department or the County of Lehigh;
(11) Each Surety Agency and Professional Bail Bondsman must renew its registration with the Thirty-first Judicial District, provide all certifications required by this rule and pay to the Clerk of Judicial Records, Criminal Division an annual renewal registration fee of $100.00, or such amount as may be established from time to time by the Clerk of Judicial Records, Criminal Division with the approval of the President Judge; and
(12) No Surety Agency, Surety Agent or Professional Bail Bondsman, and their owners, officers, agents and employees, may engage in Prohibited Conduct as set forth in § 531.2(e) hereunder.
(d) Opportunity to be Heard. A Surety Agency or Professional Bail Bondman whose petition seeking approval to post bail in the Thirty-first Judicial District is denied will be provided an opportunity to be heard and to contest the denial. Any Surety Agency or Professional Bail Bondman seeking to contest the denial of its petition for approval to post bail in the the Thirty-first Judicial District must file a petition with the Clerk of Judicial Records, Criminal Division and serve the Department of Law within thirty (30) days of the date of denial of its initial petition, and set forth the relief requested and the factual basis therefor. Similarly, a Surety Agency or Professional Bail Bondman which has received approval to post bail in the Thirty-first Judicial District as provided in this rule but which has been subsequently prohibited from posting additional bail, whose right to post bail has been revoked under 531.2(f), or is otherwise ineligible to post bail in the Thirty-first Judicial District, will be provided an opportunity to be heard. Any Surety Agency or Professional Bail Bondman seeking to contest that it has been prohibited from posting additional bail, that its right to post bail has been revoked under 531.2(f), or that it is otherwise ineligible to post bail in the Thirty-first Judicial District must file a petition with the Clerk of Judicial Records, Criminal Division and serve the Department of Law within thirty (30) days of the date of the prohibition, revocation or determination of ineligibility, and set forth the relief requested and the factual basis therefor.
(e) Prohibited Conduct. Each Surety Agency, Surety Agent or Professional Bail Bondsman, its owners, officers, directors and agents, may not engage in prohibited conduct as set forth below. If a subsection expressly indentifies the defined entities to which the subsection applies that subsection shall only be applicable to the identified defined entities and their owners, officers, directors and agents. If no such mention is made, the subsection applies to all Surety Agencies, Surety Agents and Professional Bail Bondmen and their owners, officers, directors and agents. The following constitutes prohibited conduct:
(1) violating any laws, statutes, local rules or rules of court related to the bail business;
(2) violating 531.2(b) or (c) herein;
(3) having a license as a Surety Agency, Surety Agent or Professional Bail Bondman revoked in the Commonwealth;
(4) being involved in any transaction which shows unfitness to act in a fiduciary capacity or a failure to maintain the standards of fairness and honesty required of a fiduciary;
(5) as to Professional Bail Bondsman, having any judgment entered which would reduce the Professional Bail Bondman's net worth below the minimum required for licensure;
(6) being convicted of any non-summary criminal offense with the exception of misdemeanors under the Pennsylvania Vehicle Code;
(7) failing to advise the Clerk of Judicial Records, Criminal Division within fourteen (14) days (or such other time period as may be specifically set forth) of any change in circumstances which would materially affect any of the statements, information or certifications required by 531.2(b) or (c) herein;
(8) using an unregistered or unlicensed agent on behalf of any Corporate Surety, Surety Agency, Surety Agent or Professional Bail Bondman;
(9) using an individual or entity not appointed by the Corporate Surety, Surety Agency, Surety Agent or Professional Bail Bondman to post bail or provide bail on behalf of the Corporate Surety, Surety Agent or Professional Bail Bondsman;
(10) signing, executing or issuing bonds by a person or entity who or which is not registered as an agent of the Corporate Surety, Surety Agency, Surety Agent or Professional Bail Bondsman on the bond or for whom or which there is no satisfactory proof of an agency relationship with the Corporate Surety, Surety Agency, Surety Agent or Professional Bail Bondsman;
(11) executing a bond without the appropriate counter signature by a licensed and/or authorized agent at time of issue;
(12) failing to account for or pay any premiums held as a Surety Agency or Surety Agent on behalf of a Corporate Surety;
(13) misstating or misrepresenting any material fact in the initial petition or any subsequent filings, including but not limited to certifications, required by these rules, or in any of the statements, information or certifications required by these rules;
(14) failing to preserve, and to retain separately, any movable tangible collateral, including cash and cash equivalent, obtained as security on any bond;
(15) failing to return collateral taken as security on any bond to the depositor of such collateral, or the depositor's designee, within ten (10) business days of mailing of notice in accordance with the bond and upon payment of all fees owed to the Corporate Surety, Surety Agent or Professional Bail Bondsman, whichever is later;
(16) offering or providing any consideration or gratuity to any person employed by, or incarcerated in, a jail facility, any person who has the power to arrest or to hold any person in custody, or to any court officers and attorneys to obtain or secure business;
(17) failing to deliver to the defendant, and any person providing collateral on the defendant's behalf, prior to the time the defendant is released from jail, a one-page disclosure form which, at a minimum, must include:
(A) the amount of the bail;
(B) the defendant's bail obligations;
(C) the conditions upon which the bond may be revoked; and
(D) the conditions under which the bond may be exonerated.
(18) failing to provide to the Clerk of Judicial Records, Criminal Division the fully completed one-page disclosure form required by subsection (e)(17) of this rule at the time bond is posted;
(19) charging excessive fees not authorized by law or rule of court;
(20) as to a Professsional Bail Bondsman, requiring collateral in excess of two (2) times the face value of the bond as security;
(21) failing to provide an itemized statement of any and all expenses deducted from collateral to the owner thereof, if any;
(22) requiring that, as a condition of posting a bail bond by a Corporate Surety, Surety Agency, Surety Agent or Professional Bail Bondsman, a defendant engage the services of a particular law firm or attorney;
(23) preparing or issuing a fraudulent or forged bail bond, power of attorney or other document;
(24) knowingly violating, advising, encouraging, aiding, abetting or assisting the violation of any applicable law, statute, local rule or rule of court;
(25) soliciting, procuring or demanding sexual favors as a condition of or compensation for obtaining, maintaining or exonerating a bail bond, regardless of the identity of the person who performs such favors;
(26) providing legal advice or a legal opinion in any form;
(27) failing to notify and inform law enforcement and the Court, or its express designee, if it knows or should have known that the defendant subject to release is or has engaged in acts or non-acts that violate the conditions of his or her release. The Surety Agency, Surety Agent or Professional Bail Bondsman shall have the burden of proof to show that efforts were made to notify and inform law enforcement and the Court, or its express designee, that bail conditions were or are being violated;
(28) holding oneself out by manner of dress as being a public official including wearing clothing or presenting badges or any other form of law enforcement credentials that might create the impression of employment of the Commonwealth of Pennsylvania, the County of Lehigh, the Thirty-first Judicial District or any of its units, including Pre-trial Services or the Lehigh County Sheriff's Department of the Thirty-first Judicial District or the County of Lehigh; and
(29) engaging in verbal or other abusive behavior and/or unprofessional conduct, including but not limited to the use of profanity, directed toward a County employee.
(f) Any violation of or failure to comply with the rules set forth herein may, upon petition by the Department of Law and after hearing thereon, result in the revocation by the Court of Common Pleas of Lehigh County of the bail posting privileges of a Corporate Surety, Surety Agency, Surety Agent or Professional Bail Bondsman including but not limited to revocation of approval granted under 531.2(c) herein.
Rule 536.1. Forfeitures and Bail Pieces.
(a) Forfeitures.
(1) If a bail bond is ordered to be forfeited pursuant to Pa.R.Crim.P. 536, execution of the order shall be delayed until ninety (90) days from the date of the filing of the initial forfeiture order.
(2) If a defendant whose bail has been ordered forfeited surrenders within ninety (90) days of the date of the entry of the initial forfeiture order, the Judge or a designee, may set aside the forfeiture order and either reinstate bail or set a new bail without the necessity of the filing of a petition as hereinafter provided. A defendant's surrender within 90 days of the initial forfeiture order shall be presumed to support the setting aside of the forfeiture, absent a motion to bar set aside filed by the Department of Law.
(3) Unless the initial forfeiture order has been set aside as provided for in subsection (2), in order for a surety to seek to have the forfeiture order set aside or remitted in whole or in part, the party seeking remission, set aside or exoneration shall present a petition to the Judge, file the petition with the Clerk of Judicial Records, Criminal Division, and serve a copy thereof upon the Department of Law. The petition shall set forth in detail the reasons for seeking the set aside, remission or exoneration. In order to facilitate the assessment and investigation of petitions requesting remittance, the surety is required to delineate within the petition the following insofar as applicable:
(A) a recitation of the history of the case including the charges, the date the bond was set, the amount of the bond, and the name and district of the issuing authority;
(B) the date of forfeiture and nature of the proceeding at which forfeiture occurred;
(C) a statement establishing the fact that the defendant was apprehended including the date of apprehension and the agency responsible for the apprehension;
(D) a detailed summary of all efforts by the petitioner to apprehend the defendant including the name, phone number and address of all agents hired or assigned to effectuate the apprehension, and all times, dates, and locations searched;
(E) a declaration that the apprehension or return of the defendant was effected by the efforts of the surety or that those efforts at least had a substantial impact on the defendant's apprehension; and
(F) clear and specific factual recitation in support of the above declaration.
(4) A Corporate Surety, Surety Agency, Surety Agent or Professional Bail Bondsman which files with the Court of Common Pleas of Lehigh County a petition for bail relief, including but not limited to a petition to vacate bail forfeiture or a petition to exonerate surety, shall be responsible for the payment of court costs and/or filing fees as determined by the Clerk of Judicial Records, Criminal Division and may be amended from time to time.
(b) Bail Pieces. After a bail piece is issued pursuant to Pa.R.Crim.P. 536 and the defendant is apprehended by or on behalf of the surety, the defendant must be brought before the Judge or a designee in accordance with Pa.R.Crim.P. 150. Bail pieces shall not be utilized to exonerate the surety.
[Pa.B. Doc. No. 14-2547. Filed for public inspection December 12, 2014, 9:00 a.m.]
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