Lehigh Cnty. C.P. Criminal Court Local Rules 3

defendant, that third-party shall become a surety for the balance of the full amount of the bail,

and shall execute the bond as a surety.

Note: This Rule was part of the original bail rules numbered 4006, 4006A, 4006B,

4006C and 4006D. They were adopted by an order dated March 23, 1984, and published at 14

Pa.B. 833 et seq. (March 17, 1984).

as defined in 18 Pa.C.S. §3701(a)(1)(I), (ii) or (iii). (D) Robbery of motor vehicle as defined in 18. Pa.C.S.

§3702. (E) Aggravated indecent assault as defined in 18. Pa.C.S. §3125. (F) Kidnapping as defined in 18.

Pa.C.S. §2901. (G) Voluntary manslaughte r. (H) An attempt, conspiracy or solicitation to commit murder

or any of these crimes as provided in 18 Pa.C.S. §§901, 902 and 903.

Leh.R.Cr.P. 530. DESIGNATION OF LOCAL COURT BAIL AGENCY.

(1) Lehigh Valley Pretrial Services, Inc., is designated as the bail agency to

monitor and assist defendants released on bail in criminal cases instituted in Lehigh County. This

agency shall perform the duties and have the powers set forth in Pa.R.Crim.P.530(A).

(2) When a Defendant is released on any of the types of bail set forth in

Pa.R.Crim.P. 524(C)(1) through (4), or on 10% cash bail pursuant to Pa.Rs.C.P. 524(C)(5) and

528(D)(1), and the bail agency has been designated by the bail authority to act as surety or

supervising agency for the defendant, the defendant shall then become subject to the rules and

regulations of the bail agency. The bail agency shall not be required to sign the bail bond.

(3) Whenever a defendant who is supervised by the bail agency fails to comply

with the conditions of his or her release, or the rules and regulations of the bail agency, a bail

piece may issue pursuant to Pa.R.Crim.P. 536(B) to the bail agency, and the defenda nt may be

brought before the court to determine if additional bail shall be set or bail revoked.

Note: This Rule was part of the original bail rules numbered 4006, 4006A, 4006B,

4006C and 4006D. They were adopted by an order dated March 23, 1984, and published at 14

Pa.B. 833 et seq. (March 17, 1984). The Rule was later amended to reflect the

reorganization and renaming of the bail agency.

Leh.R.Cr.P. 531. QUALIFICATIONS OF BAIL BONDSMEN AND

INSURERS IN LEHIGH COUNTY

A. INSURERS

1. Every Insurer duly authorized to do business in Pennsylvania and who

appoints a bail bondsman to serve as a surety on any bail bond may be qualified by the Lehigh

County Court of Common Pleas provided that it files with the Clerk shall file a current Certificate

of Authority issued to it by the Department, and a current annual financial statement, in a form

and manner prescribed by these rules.. All Insurers approved by the Court of Common Pleas

have a continuing obligation to remain qualified in Lehigh Cou nty and no bond shall be issued

by any Bail Bondsman appointed by an Insurer after May 15 of any year unless the Insurer has

filed a current Certificate of Authority issued after March 31 of the same year and a current

annual financial statement with the Clerk.

2. An Insurer is precluded from insuring bonds under any circumstance where

they have any outstanding and unpaid bail forfeitures, as determined by the Department of Law,

in violation of 42 Pa.C.S.A. §5747.1 or these local rules. In circumstances where the Insurer has

any outstanding and unpaid forfeitures, any and all Bail Bondsman who are appointed by that

Insurer in Lehigh County shall be precluded from serving as surety on any bail bond until such

time as appropriate financial settlement has been made. The Department of Law shall

immediately notify the Clerk, the District Attorney, the Magisterial Distric t Judges of Lehigh

County, the Court of Common Pleas-Criminal Division, any Bail Bondsman who is appointed

by the Insurer and the Insurer when the Insurer is precluded from insuring any bonds due to a

violation of the terms of 42 Pa. C.S. 5747.1 or these l ocal rules. The Clerk and the Magisterial

District Judges shall immediately cease accepting bonds from the Insurer and any of its appointed

Bail Bondsmen. When the forfeitures have been paid in full or appropriate financial settlement

has been made with the County o f Lehigh, the Department of Law shall notify the Clerk and

Magisterial District Judges that execution of bonds by the Insurer and its appointed Bail

Bondsmen may resume.

B. BAIL BONDSMEN

1. A Bail Bondsman authorized to conduct business in Pennsylvania pursuant

to 42 Pa. C.S. §§5742-5743.1 may be qualified to serve as surety on any bail bond filed in the

criminal courts of Lehigh County provided that he or she file with the Clerk a Qualifying Power

of Attorney issued by an Insurer by whom the Bail Bondsman has been appointed setting forth

the maximum limit of liability per bond, and a copy of their license issued by the Department,

in form and manner prescribed by these rules. No bond shall be executed by any Bail Bondsman

after the expiration of such Qualifying Power of Attorney until a new Qualifying Power of

Attorney has been filed with the Clerk.

2. A Bail Bondsman is precluded from acting as surety on any bail bond under

any circumstance where they have any outstanding and unpaid bail forfeitures as determined by

the Department of Law in violation of 42 Pa. C.S. §5747.1, these local rules or the Insurer who

has issued the Power of Attorney is precluded from issuing bonds for any reason. The Department

of Law shall immediately notify the Clerk, the District Attorney and the Magisterial District

Judges, the Court of Common Pleas-Criminal Division, the Insurer who has appointed the Bail

Bondsman and the Bail Bondsman when the Bail Bondsman is precluded from acting as surety

on a bail bond due to a violation of the terms of 42 Pa. C.S. 5747.1, these local rules or that the

Insurer who has issued their Power of Attorney is precluded from insuring bonds. The Clerk and

Magisterial District Judges shall immediately cease accepting bonds by the Bail Bondsman upon

such notice. When appropriate financial settlement has been made with the County of Lehigh,

the Dep artment of Law shall notify the Clerk, the District Attorney, the Magisterial District

Judges, the Court of Common Pleas-Criminal Division, the Insurer, and the Bail Bondsman that

execution of bonds by the Bail Bondsman may resume.

LN

Note: This Rule in substantially the same form was adopted as CR 4011, by

Order dated November 7, 1995, and published at 25 Pa.B. 5238 et seq. (November 25, 1995).

Leh.R.Cr.P. 531.2. APPROVAL AND REGULATION OF BAIL

BONDSMEN AND INSURERS IN LEHIGH COUNTY

(a) Seeking Approval as Insurer or Bail Bondsman. A Bail Bondsman, or an

Insurer on behalf of a Bail Bondsman, may seek approval to serve as surety on any bail in the

Thirty-first Judicial District by filing a petition with the Clerk. The petition must provide the

information and have attached as exhibits any documents and certifications required in

subsection (b) herein. Upon filing, the petition will be assigned to a Judge for determination.

(b) Requirements to Become Qualified. To become qualified to post bond

in Lehigh County:

(1) Each petition must state that the Bail Bondsman and Insurer is in

compliance with all laws, statutes, local and state rules of court as may be established from

time to time;

(2) Each petition must include as an attachment a current and valid

Certificate of Authority issued by the Department showing that the Insurer is authorized

under 40 P.S. §382(1) shall be attached to the petition seeking approval to operate as a

Bail Bondsman;

(3) Each petition must include as an attachment a current and valid

Appointment Form showing that the Bail Bondsman has been appointed as a producer for

the Insurer with the Department shall attached to the petition. The execution of any bail

bond by any Bail Bondsman appointed by the Insurer shall create a valid and binding

obligation of the Insurer;