As Introduced

136th General Assembly

Regular Session H. B. No. 703

2025-2026

To amend sections 2713.21, 2937.22, 2937.24, and 3905.85 of the Revised Code to permit the surrender of a defendant by a surety bail bond agent and to require surety bail bond agents to be licensed property and casualty insurance agents.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 2713.21, 2937.22, 2937.24, and 3905.85 of the Revised Code be amended to read as follows:

Sec. 2713.21. A (A)(1) Except as provided in division (A)(2) of this section, a surrender of a defendant to the sheriff of the county in which he the defendant was arrested, with a delivery of a certified copy of the bond of the bail, whether such surrender is made by the defendant ~~himself~~ personally or by ~~his~~the defendant or another person posting the defendant's bail, discharges the bail.

(2) A surrender of a defendant by a surety bail bond agent to any sheriff, with delivery of a certified copy of the bond of bail and a copy of the surety bail bond application signed by the defendant, discharges the bail.

(B)(1) A surrender may be made before the return day of the summons in an action against the ~~bail~~defendant. The sheriff shall give to the person posting bail a written acknowledgment of the surrender, and hold the defendant in ~~his~~ custody upon such copy of the bond of the bail as upon an order of arrest. The clerk of the court, on the production to ~~him~~ the clerk of the sheriff's acknowledgment of the surrender, shall enter on the bond an exoneration of the bail.

(2) If the surrender of the defendant is by a surety bail bond agent, the surety bail bond agent shall file a motion with the court that issued the bond that the surety bail bond agent be released from the bond not later than forty-eight hours after the defendant surrendered, and shall include with the motion a copy of the surety bail bond application signed by the defendant.

Sec. 2937.22. (A) Bail is security for the appearance of an accused to appear and answer to a specific criminal or quasi-criminal charge in any court or before any magistrate at a specific time or at any time to which a case may be continued, and not depart without leave. It may take any of the following forms:

(1) The deposit of cash by the accused or by some other person for the accused;

(2) The deposit by the accused or by some other person for the accused in form of bonds of the United States, this state, or any political subdivision thereof in a face amount equal to the sum set by the court or magistrate. In case of bonds not negotiable by delivery such bonds shall be properly endorsed for transfer.

(3) The written undertaking by one or more persons to forfeit the sum of money set by the court or magistrate, if the accused is in default for appearance, which shall be known as a recognizance.

(4) A surety pursuant to section 2937.24 of the Revised Code or pursuant to a surety bail bond agreement with a surety bail bond agent appointed under sections 3905.83 to 3905.95 of the Revised Code.

(B) Whenever a person is charged with any offense other than a traffic offense that is not a moving violation and posts bail, the person shall pay a surcharge of twenty-five dollars. The clerk of the court shall retain the twenty-five dollars until the person is convicted, pleads guilty, forfeits bail, is found not guilty, or has the charges dismissed. If the person is convicted, pleads guilty, or forfeits bail, the clerk shall transmit the twenty-five dollars on or before the twentieth day of the month following the month in which the person was convicted, pleaded guilty, or forfeited bail to the treasurer of state, and the treasurer of state shall deposit it into the indigent defense support fund created under section 120.08 of the Revised Code. If the person is found not guilty or the charges are dismissed, the clerk shall return the twenty-five dollars to the person.

(C) All bail shall be received by the clerk of the court, deputy clerk of court, or by the magistrate, or by a special referee appointed by the supreme court pursuant to section 2937.46 of the Revised Code, and, except in cases of recognizances, receipt shall be given therefor.

(D) As used in this section, "moving violation" has the same meaning as in section 2743.70 of the Revised Code.

Sec. 2937.24. (A) When a recognizance is offered under section 2937.22 of the Revised Code, the surety on which recognizance qualifies as a real property owner, the judge or magistrate shall require such surety to pledge to this state real property owned by the surety and located in this state. Whenever such pledge of real property has been given by any such proposed surety, hethe proposed surety shall execute the usual form of recognizance, and in addition thereto there shall be filed ~~his~~an affidavit of justification of suretyship, to be attached to said recognizance as a part thereof. The surety may be required in such affidavit to depose as to whether hethe surety is, at the time of executing the same, surety upon any other recognizance and as to whether there are any unsatisfied judgments or executions against ~~him~~the surety. HeThe surety may also be required to state any other fact which the court thinks relevant and material to a correct determination of the surety's sufficiency to act as bail. Such surety shall state in such affidavit where notices under section 2937.38 of the Revised Code may be served on ~~himself~~the surety, and service of notice of summons at such place is sufficient service for all purposes.

Such affidavit shall be executed by the proposed surety under an oath and may be in the following form:

"State of Ohio, County of __________________,ss:

______________ residing at __________________, who offers ~~himself~~self as surety for __________ being first duly sworn, says that hethe surety owns in ~~his~~the surety's own legal right, real property subject to execution, located in the county of __________, State of Ohio, consisting of __________ and described as follows to wit: __________; that the title to the same is in ~~his~~the surety's own name; that the value of the same is not less than __________ dollars, and is subject to no encumbrances whatever except __________; that hethe surety is not surety upon any unpaid or forfeited recognizance, and that hethe surety is not party to any unsatisfied judgment upon any recognizance; that hethe surety is worth not less than __________ dollars over and above all debts, liabilities, and lawful claims against ~~him~~the surety, and all liens, encumbrances, and lawful claims against ~~his~~the surety's property."

(B) A surrender of a defendant by a surety to any sheriff, with delivery of a certified copy of the affidavit and the bond of bail discharges the bail. The surety shall file a motion with the court that issued the bond that the surety be released from the bond not later than forty-eight hours after the defendant surrendered.

(C) A surrender of a defendant by a surety bail bond agent appointed under sections 3905.83 to 3905.95 of the Revised Code to any sheriff, with delivery of a certified copy of the bond of bail and a copy of the surety bail bond application signed by the defendant, discharges the bail. The surety bail bond agent shall file a motion with the court that issued the bond that the surety bail bond agent be released from the bond not later than forty-eight hours after the defendant surrendered and shall include with the motion a copy of the surety bail bond application signed by the defendant.

Sec. 3905.85. (A)(1) An individual who applies for a license as a surety bail bond agent shall submit an application for the license in a manner prescribed by the superintendent of insurance. The application shall be accompanied by a one-hundred-fifty-dollar fee and a statement that gives the applicant's name, age, residence, present occupation, occupation for the five years next preceding the date of the application, and such other information as the superintendent may require.

(2) An applicant for an individual resident license shall also submit to a criminal records check pursuant to section 3905.051 of the Revised Code.

(B)(1) The superintendent shall issue to an applicant an individual resident license that states in substance that the person is authorized to do the business of a surety bail bond agent, if the superintendent is satisfied that all of the following apply:

(a) The applicant is eighteen years of age or older.

(b) The applicant's home state is Ohio.

(c) The applicant has not committed any act that is grounds for the refusal to issue, suspension of, or revocation of a license under section 3905.14 of the Revised Code.

(d) The applicant is a United States citizen or has provided proof of having legal authorization to work in the United States.

(e) The applicant has successfully completed the educational requirements set forth in section 3905.04 of the Revised Code and passed the examination required by that section.

(f) Beginning on the first day of the second year that begins after the effective date of this amendment, the applicant holds, in good standing, an insurance agent license that authorizes the applicant to sell, solicit, or negotiate lines of property and casualty insurance in this state under section 3905.06 of the Revised Code.

(2) The superintendent shall issue to an applicant an individual nonresident license that states in substance that the person is authorized to do the business of a surety bail bond agent, if the superintendent is satisfied that all of the following apply:

(a) The applicant is eighteen years of age or older.

(b) The applicant is currently licensed as a resident in another state and is in good standing in the applicant's home state for surety bail bond or is qualified for the same authority.

(c) The applicant has not committed any act that is grounds for the refusal to issue, suspension of, or revocation of a license under section 3905.14 of the Revised Code.

(d) Beginning on the first day of the second year that begins after the effective date of this amendment, the applicant holds, in good standing, either a license that authorizes the applicant to sell, solicit, or negotiate lines of property and casualty insurance in this state under section 3905.06 of the Revised Code, or a substantially equivalent license in another state.

(3) The superintendent shall issue an applicant a resident business entity license that states in substance that the person is authorized to do the business of a surety bail bond agent if the superintendent is satisfied that all of the following apply:

(a) The applicant has submitted an application for the license in a manner prescribed by the superintendent and the one-hundred-fifty-dollar application fee.

(b) The applicant either is domiciled in this state or maintains its principal place of business in this state.

(c) The applicant has designated an individual licensed surety bail bond agent who will be responsible for the applicant's compliance with the insurance laws of this state.

(d) The applicant has not committed any act that is grounds for the refusal to issue, suspension of, or revocation of a license under section 3905.14 of the Revised Code.

(e) The applicant is authorized to do business in this state by the secretary of state if so required under the applicable provisions of Title XVII of the Revised Code.

(f) The applicant has submitted any other documents requested by the superintendent.

(4) The superintendent shall issue an applicant a nonresident business entity license that states in substance that the person is authorized to do the business of a surety bail bond agent if the superintendent is satisfied that all of the following apply:

(a) The applicant has submitted an application for the license in a manner prescribed by the superintendent and the one-hundred-fifty-dollar application fee.

(b) The applicant is currently licensed and is in good standing in the applicant's home state with surety bail bond authority.

(c) The applicant has designated an individual licensed surety bail bond agent who will be responsible for the applicant's compliance with the insurance laws of this state.

(d) The applicant has not committed any act that is grounds for the refusal to issue, suspension of, or revocation of a license under section 3905.14 of the Revised Code.

(e) The applicant has submitted any other documents requested by the superintendent.

(C) A resident and nonresident surety bail bond agent license issued pursuant to this section authorizes the holder, when appointed by an insurer, to execute or countersign bail bonds in connection with judicial proceedings and to receive money or other things of value for those services. However, the holder shall not execute or deliver a bond during the first one hundred eighty days after the license is initially issued. This restriction does not apply with respect to license renewals or any license issued under divisions (B)(3) and (4) of this section.

(D) The superintendent may refuse to renew a surety bail bond agent's license as provided in division (B) of section 3905.88 of the Revised Code, and may suspend, revoke, or refuse to issue or renew such a license as provided in section 3905.14 of the Revised Code.

If the superintendent refuses to issue such a license based in whole or in part upon the written response to a criminal records check completed pursuant to division (A) of this section, the superintendent shall send a copy of the response that was transmitted to the superintendent to the applicant at the applicant's home address upon the applicant's submission of a written request to the superintendent.

(E) Any person licensed as a surety bail bond agent may surrender the person's license in accordance with section 3905.16 of the Revised Code.

(F)(1) A person seeking to renew a surety bail bond agent license shall apply annually for a renewal of the license on or before the first day of April. Applications shall be submitted to the superintendent on forms prescribed by the superintendent. Each application shall be accompanied by a one-hundred-fifty-dollar renewal fee.

(2) To be eligible for renewal, an individual applicant shall ~~complete~~ do both of the following:

(a) Complete the continuing education requirements pursuant to section 3905.88 of the Revised Code prior to the renewal date;

(b) Beginning on the first day of the third year that begins after the effective date of this amendment, demonstrate that the individual applicant holds, in good standing, either a license that authorizes the individual applicant to sell, solicit, or negotiate lines of property and casualty insurance in this state under section 3905.06 of the Revised Code, or a substantially equivalent license in another state.

(3) If an applicant submits a completed renewal application, qualifies for renewal pursuant to divisions (F)(1) and (2) of this section, and has not committed any act that is a ground for the refusal to issue, suspension of, or revocation of a license under section 3905.14 or sections 3905.83 to 3905.99 of the Revised Code, the superintendent shall renew the applicant's surety bail bond insurance agent license.

(4) If an individual or business entity does not apply for the renewal of the individual or business entity's license on or before the license renewal date specified in division (F)(1) of this section, the individual or business entity may submit a late renewal application along with all applicable fees required under this chapter prior to the first day of May following the renewal date. The superintendent shall renew the license of an applicant that submits a late renewal application if the applicant satisfies all of the following conditions:

(a) The applicant submits a completed renewal application.

(b) The applicant pays the one-hundred-fifty-dollar renewal fee.

(d) The applicant provides proof of compliance with the continuing education requirements pursuant to section 3905.88 of the Revised Code.

(e) The applicant provides proof that the requirements of division (F)(2) of this section have been met, if applicable.

(f) The applicant has not committed any act that is grounds for the refusal to issue, suspension of, or revocation of a license under section 3905.14 or sections 3905.83 to 3905.99 of the Revised Code.

(5) A license issued under this section that is not renewed on or before its late renewal date specified in division (F)(4) of this section is automatically suspended for nonrenewal effective the second day of May.

(6) If a license is suspended for nonrenewal pursuant to division (F)(5) of this section, the individual or business entity is eligible to apply for reinstatement of the license within the twelve-month period following the date by which the license should have been renewed by complying with the reinstatement procedure established by the superintendent and paying all applicable fees required under this chapter.

(7) A license that is suspended for nonrenewal that is not reinstated pursuant to division (F)(6) of this section automatically is canceled unless the superintendent is investigating any allegations of wrongdoing by the agent or has initiated proceedings under Chapter 119. of the Revised Code. In that case, the license automatically is canceled after the completion of the investigation or proceedings unless the superintendent revokes the license.

(G) The superintendent may prescribe the forms to be used as evidence of the issuance of a license under this section. The superintendent shall require each licensee to acquire, from a source designated by the superintendent, a wallet identification card that includes the licensee's photograph and any other information required by the superintendent. The licensee shall keep the wallet identification card on the licensee's person while engaging in the bail bond business.

(H)(1) The superintendent of insurance shall not issue or renew the license of a business entity organized under the laws of this or any other state unless the business entity is qualified to do business in this state under the applicable provisions of Title XVII of the Revised Code.

(2) The failure of a business entity to be in good standing with the secretary of state or to maintain a valid appointment of statutory agent is grounds for suspending, revoking, or refusing to renew its license.

(3) By applying for a surety bail bond agent license under this section, an individual or business entity consents to the jurisdiction of the courts of this state.

(I) A surety bail bond agent licensed pursuant to this section is an officer of the court.

(J) Any fee collected under this section shall be paid into the state treasury to the credit of the department of insurance operating fund created by section 3901.021 of the Revised Code.

Section 2. That existing sections 2713.21, 2937.22, 2937.24, and 3905.85 of the Revised Code are hereby repealed.

Section 3. Section 3905.85 of the Revised Code is presented in this act as a composite of the section as amended by both H.B. 263 and H.B. 339 of the 133rd General Assembly. The General Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that amendments are to be harmonized if reasonably capable of simultaneous operation, finds that the composite is the resulting version of the section in effect prior to the effective date of the section as presented in this act.