Utah Code 31A-35-702. Early surrender without cause
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(1) The bail or bail bond premium shall be returned in full if a bail bond producer without good cause surrenders a defendant to custody before:
Terms Used In Utah Code 31A-35-702
- Agency: means :(6)(a) a person other than an individual, including a sole proprietorship by which an individual does business under an assumed name; and(6)(b) an insurance organization licensed or required to be licensed under Section
31A-23a-301 ,31A-25-207 , or31A-26-209 . See Utah Code 31A-1-301- Application: means a document:
(10)(a)(10)(a)(i) completed by an applicant to provide information about the risk to be insured; and(10)(a)(ii) that contains information that is used by the insurer to evaluate risk and decide whether to:(10)(a)(ii)(A) insure the risk under:(10)(a)(ii)(A)(I) the coverage as originally offered; or(10)(a)(ii)(A)(II) a modification of the coverage as originally offered; or(10)(a)(ii)(B) decline to insure the risk; or(10)(b) used by the insurer to gather information from the applicant before issuance of an annuity contract. See Utah Code 31A-1-301- 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.
- Bail bond: means a bail bond insurance product for a specified monetary amount that is:
(1)(a) executed by a bail bond producer licensed in accordance with Section 31A-35-401; and(1)(b) issued to a court, magistrate, or authorized officer to secure:(1)(b)(i) the release of a person from incarceration; and(1)(b)(ii) the appearance of the released person at court hearings the person is required to attend. See Utah Code 31A-35-102- Bail bond agency: means any sole proprietor or entity that:
(2)(a) is licensed under Subsection 31A-35-404(1) or (2);(2)(b)(2)(b)(i) is the agent of a surety insurer that sells a bail bond in connection with judicial proceedings;(2)(b)(ii) pledges the assets of a letter of credit from a Utah depository institution for a bail bond in connection with judicial proceedings; or(2)(b)(iii) pledges personal or real property, or both, as security for a bail bond in connection with judicial proceedings; and(2)(c) receives or is promised money or other things of value for a service described in Subsection (2)(b). See Utah Code 31A-35-102- Bail bond producer: means an individual who:
(3)(a) is appointed by:(3)(a)(i) a surety insurer that sells bail bonds; or(3)(a)(ii) a bail bond agency licensed under this chapter;(3)(b) is appointed to execute or countersign undertakings of bail in connection with judicial proceedings; and(3)(c) receives or is promised money or other things of value for engaging in an act described in Subsection (3)(b). See Utah Code 31A-35-102- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Department: means the Insurance Department. See Utah Code 31A-1-301
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes :
(146)(a) an individual;(146)(b) a partnership;(146)(c) a corporation;(146)(d) an incorporated or unincorporated association;(146)(e) a joint stock company;(146)(f) a trust;(146)(g) a limited liability company;(146)(h) a reciprocal;(146)(i) a syndicate; or(146)(j) another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301- Premium: means the specified monetary amount used to purchase a bail bond. See Utah Code 31A-35-102
- producer: means a person licensed or required to be licensed under the laws of this state to sell, solicit, or negotiate insurance. See Utah Code 31A-1-301
(1)(a) the time specified in the undertaking of bail or the bail bond for the appearance of the defendant; or(1)(b) any other occasion where the presence of the defendant in court is lawfully required.(2) As used in this section, “good cause” includes:(2)(a) the defendant providing materially false information on the application for bail or a bail bond;(2)(b) the court’s increasing the amount of bail beyond sound underwriting criteria employed by:(2)(b)(i) the bail bond producer; or(2)(b)(ii) the bail bond agency;(2)(c) a material and detrimental change in the collateral posted by:(2)(c)(i) the defendant; or(2)(c)(ii) a person acting on the defendant’s behalf;(2)(d) the defendant changing the defendant’s address or telephone number without giving reasonable notice to:(2)(d)(i) the bail bond producer; or(2)(d)(ii) the bail bond agency;(2)(e) the defendant commits another crime, other than a minor traffic violation, as defined by department rule, while on bail;(2)(f) failure by the defendant to appear in court at the appointed time; or(2)(g) a finding of guilt against the defendant by a court of competent jurisdiction. - Application: means a document: