Senate Committee Hears Bail Bond Bill

Missouri Senate Judiciary Committee recently heard testimony on Senate Bill 885. This bill is backed by the Missouri Professional Bail Bonding Association (MPBBA). The bill is sponsored by Senator John Cauthorn (R). Speaking in favor of the bill were MPBBA president, Jack Allison and his lobbyist, Steve Carroll.

Speaking in opposition to the bill was the Honorable Gary Lynch, a judge of the Missouri Southern District Court of Appeals. Judge Lynch opposed the language in the bill that allows bondsman to be released from a bond if it becomes “physically impossible for the defendant, bail bond agent, or surety to satisfy the conditions of the bond through no fault of the bail bond agent.”

Also speaking in opposition to the bill was a representative of the Missouri Department of Insurance, who said that portions of the bill would conflict with Department sponsored SB895 and the bail bond bill would undermine provisions of SB895.

I spoke only about the provision of the bill that would allow convicted felons to become licensed agents. Missouri Department of Insurance is currently seeking discipline on several licensees who are convicted felons. This bill would allow convicted felons in the business as long as they did not meet the statutory definition of “dangerous.” Dangerous felons are defined primarily as felonies against a person that result in physical injury. Examples of crimes NOT considered dangerous would be production or distribution of drugs, fraud, child pornography, etc.

The Legislative Committee of the Missouri Bar also published opposition the bill, stating that the bill seeks to supersede existing Missouri Supreme Court Rules and judicial authority.

One senator on the committee said that the Missouri prosecutors expressed concern over the provision of the bill that allows bondsmen to write bail for defendants whose bail has been set as “cash only” by the court.

The bill is still in committee.

A House companion bill, HB1997, has been filed by Rep. Bob Behnen (R). Behnen's bill is assigned to the committee he chairs, the Professional Registration Committee. The bill is not on the hearing schedule at this time.