Idaho Code 41-1038 – Definitions
Current as of: 2023 | Check for updates
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(1) "Bail" means a monetary amount required by the court to release the defendant from custody and to ensure his appearance in court as ordered.
Terms Used In Idaho Code 41-1038
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- person: includes a corporation as well as a natural person;
Idaho Code 73-114Property: includes both real and personal property. See Idaho Code 73-114
(2) "Bail agent" means a person who is a licensed producer in the line of surety insurance that is authorized by an insurer to execute or countersign undertakings of bail in connection with judicial proceedings.
(3) "Bail bond" means a financial guarantee, posted by a bail agent and underwritten by a surety insurance company, that the defendant will appear as ordered.
(4) "Collateral" means property of any kind given as security to obtain a bail bond.
(5) "Department" means the department of insurance.
(6) "Director" means the director of the department of insurance.
(7) "Person" means an individual or a business entity.
(8) "Retail consumers of bail bonds" means a defendant and any person who provides collateral to obtain any portion of a bail bond.
(9) "Surety" or "surety insurance company" means an admitted insurer authorized in the line of surety pursuant to title 41, Idaho Code.