(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:

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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, or 31A-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.