Section 10. Definitions

Part I. Definitions

The following words and terms when used in this regulation shall have the following meanings unless the context clearly indicates otherwise:

"Agent " means a person who is a licensed bail bondsman who has been given power of attorney to act on behalf of a licensed property bail bondsman.

"Armed" means a bail bondsman who carries or has immediate access to a firearm in the performance of his duties.

"Bail" means the pretrial release of a person from custody upon those terms and conditions specified by order of an appropriate judicial officer.

"Bail bondsman" means any person who is licensed by the department who engages in the business of bail bonding and is thereby authorized to conduct business in all courts of the Commonwealth.

"Board" means the Criminal Justice Services Board or any successor board or agency.

"Bond" means the posting by a person or his surety of a written promise to pay a specific sum, secured or unsecured, ordered by an appropriate judicial officer as a condition of bail to assure performance of the terms and conditions contained in the recognizance.

"Certificate" means a certificate issued by a judge on or before June 30, 2005, pursuant to former § 19.2-152.1 of the Code of Virginia.

"Department" or "DCJS" means the Department of Criminal Justice Services or any successor agency.

"Firearm endorsement" means a method of regulation, which identifies a person licensed as a bail bondsman who has successfully completed the annual firearms training and has met the requirements as set forth in this regulation.

"Licensee" means a licensed bail bondsman.

"License number" means the official number issued to a bail bondsman licensed by the department.

"Manual processing fee" means a fee charged for applications not submitted to the department utilizing available online application processing procedures.

"Property bail bondsman" means a person pursuant to this article who, for compensation, enters into a bond or does so through his agent and who pledges real property, cash or certificates of deposit issued by a federally insured institution, or any combination thereof as security for a bond as defined in § 19.2-119 of the Code of Virginia that has been posted to assure performance of terms and conditions specified by order of an appropriate judicial officer as a condition of bail.

"Private security services training school" means a training school that is certified or licensed by the department pursuant to § 9.1-139 of the Code of Virginia for the specific purpose of training regulated personnel in at least one category of the compulsory minimum training standards.

"Recognizance" means a signed commitment by a person to appear in court as directed and to adhere to any other terms ordered by an appropriate judicial officer as a condition of bail.

"Surety bail bondsman" means a person licensed pursuant to this article who is also licensed by the State Corporation Commission as a property and casualty insurance agent, and who sells, solicits, or negotiates surety insurance as defined in § 38.2-121 of the Code of Virginia on behalf of insurers licensed in the Commonwealth, pursuant to which the insurer becomes surety on or guarantees a bond, as defined in § 19.2-119 of the Code of Virginia, that has been posted to assure performance of terms and conditions specified by order of an appropriate judicial officer as a condition of bail.

Historical Notes

Derived from Volume 24, Issue 23, eff. August 20, 2008.

Statutory Authority

§ 9.1-185.2 of the Code of Virginia.