HD17 - Report of the Joint Subcommittee Studying Bail Bond Procedures and the Licensure of Bail Bondsmen

  • Published: 1984
  • Author: Joint Subcommittee Studying Bail Bond Procedures and the Licensure of Bail Bondsmen
  • Enabling Authority: House Joint Resolution 36 (Regular Session, 1983)

Executive Summary:
By resolution sponsored by Delegate V. Thomas Forehand and passed during the 1983 Session, the General Assembly called for a study of Virginia law governing the forfeiture of bail bonds and the licensing of bail bondsmen (House Joint Resolution No. 36, Appendix A.). The resolution noted the lack of uniformity in application of the laws governing forfeiture of bail bonds and the need to ensure the integrity to bail bondsmen.

An eight-member subcommittee was created to study these issues. The Honorable William A. Hodges, Judge of the Circuit Court of Chesapeake, Samuel W. Swanson, Clerk of the Circuit Court of Pittsylvania and Robert F. Horan, Jr., Commonwealth's Attorney for Fairfax County, were appointed by the Governor from the state at large. The Chairman of the House Committee for Courts of Justice appointed Delegates V. Thomas Forehand, Jr. and Thomas M. Moncure, Jr. and Ronald E. Luck, a bail bondsman from Hopewell, Virginia. Senator Clive L. DuVal 2d and Stuart B. Fallen, Clerk of the Circuit Court of Charlotte County were appointed by the Senate Committee on Privileges and Elections.

The joint subcommittee met on four occassions to consider the problems associated with bail bond forfeiture procedure. In addition, the joint subcommittee discussed the feasibility and desirablility of alternative methods for overseeing bail bondsmen. The subcommittee reviewed the provisions of current law governing forfeiture of bail bonds (§ 19.2-143) and licensing of bail bondsmen (§ 58-371.2). Additionally, the joint subcommittee reviewed the laws of Georgia, Maryland, North Carolina and South Carolina. Testimony and valuable assistance were received from representatives of the office of the Attorney General, the Department of Commerce, the Supreme Court of Virginia and the Virginia Professional Bail Bondsmen's Association.