South Dakota Codified Laws 58-22-1. Definition of terms
Terms used in this chapter mean:
(1) “Bail bond,” cash, property or surety given to obtain a defendant‘s release;
Terms Used In South Dakota Codified Laws 58-22-1
- 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 natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
- State: when used in context signifying a jurisdiction other than the State of South Dakota, a state, the District of Columbia, a territory, commonwealth, or possession of the United States of America, or a province of the Dominion of Canada. See South Dakota Codified Laws 58-1-2
(1A) “Bail bondsman,” a surety bondsman, professional bondsman, or a property bondsman;
(1B) “Cash,” the coins and bills issued by the government of the United States and does not include the transfer of funds electronically;
(2) “Insurer,” any domestic, foreign, or alien surety company which has qualified generally to transact surety business and specifically to transact bail bond business in this state;
(3) “Professional bondsman,” any person who has been approved by the director and who pledges cash or approved unregistered bonds as security for a bail bond in connection with a judicial proceeding and receives or is promised money or other things of value;
(4) “Property bondsman,” a person who pledges real or other property as security for a bail bond in a judicial proceeding and who receives or is promised money or other things of value therefor;
(5) “Runner,” a person employed by a bail bondsman for the purpose of assisting the bail bondsman in presenting the defendant in court when required or to assist in apprehension and surrender of defendant to the court, or keeping defendant under necessary surveillance. This does not affect the right of a bail bondsman to hire counsel or to ask assistance of law enforcement officers;
(6) “Surety bondsman,” any person who has been approved by the director and appointed by an insurer by power of attorney to execute or countersign bail bonds for the insurer in connection with judicial proceedings and who receives or is promised money or other things of value therefor.
Source: SL 1966, ch 111, ch 31, § 1; SL 2013, ch 250, § 1.