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Statutes Text

Article - Criminal Procedure


    (a)    (1)    Subject to paragraphs (2) and (3) of this subsection, a circuit court may adopt rules setting the terms and conditions of bail bonds filed in that court and rules on the qualifications of and fees charged by bail bondsmen.

        (2)    Notwithstanding any other law or rule to the contrary, if expressly authorized by the court, a defendant or a private surety acting for the defendant may post a bail bond by executing it in the full penalty amount and depositing with the clerk of court the greater of 10% of the penalty amount or $25.

        (3)    (i)    Except as provided in subparagraph (ii) of this paragraph, if an order setting “cash bail” or “cash bond” specifies that it may be posted by the defendant only, the “cash bail” or “cash bond” may be posted by the defendant, by an individual, or by a private surety, acting for the defendant, that holds a certificate of authority in the State.

            (ii)    Unless otherwise ordered by the court, an order setting “cash bail” or “cash bond” for a failure to pay support under Title 10, Title 11, Title 12, or Title 13 of the Family Law Article may be posted by the defendant only.

        (4)    A bail bond commissioner may be appointed to carry out rules adopted under this section.

        (5)    A violation of a rule adopted under this section is contempt of court and shall be punished in accordance with Title 15, Chapter 200 of the Maryland Rules.

        (6)    A person may not engage in the business of becoming a surety for compensation on bail bonds in criminal cases unless the person is:

            (i)    approved in accordance with any rules adopted under this section; and

            (ii)    if required under the Insurance Article, licensed in accordance with the Insurance Article.

    (b)    (1)    In the circuit courts in the Seventh Judicial Circuit, a bail bondsman approved under subsection (a) of this section shall pay a license fee of 1% of the gross value of all bail bonds written in all courts of the circuit, if the fee is approved by the court of the county in which it applies.

        (2)    The fee shall be paid to the court as required by the rules of court and shall be used to pay the expenses of carrying out this section.

        (3)    Any absolute bail bond forfeitures collected may be used to pay the expenses of carrying out this section.

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