As Introduced

136th General Assembly

Regular Session H. B. No. 946

2025-2026

Representative Abrams

To amend sections 3905.83 and 3905.84 and to enact sections 109.861 and 3905.96 of the Revised Code to enact law regarding charitable bail organizations.

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

Section 1. That sections 3905.83 and 3905.84 be amended and sections 109.861 and 3905.96 of the Revised Code be enacted to read as follows:

Sec. 109.861. (A) The attorney general shall investigate any civil violation of section 3905.84 or 3905.96 of the Revised Code relating to charitable bail organizations.

(B) When it appears to the attorney general, as a result of an investigation under division (A) of this section, that there is cause to pursue a civil remedy, the attorney general may initiate and prosecute any civil action in any court or tribunal of competent jurisdiction in this state. When proceeding under this section, the attorney general has all rights, privileges, and powers of prosecuting attorneys, and any assistant or special counsel designated by the attorney general for that purpose has the same authority.

Sec. 3905.83. As used in sections 3905.83 to 3905.95 of the Revised Code:

(A) "Charitable bail organization" means an organization, including an organization that is exempt from federal income taxation under 26 U.S.C. 501(a) and described in subsection 501(c) and (d), that solicits or accepts donations from the public for the purpose of furnishing a cash bond or surety bail bond for a person indicted for or otherwise charged with a criminal offense.

(B) "Insurer" means any domestic, foreign, or alien insurance company that has been issued a certificate of authority by the superintendent of insurance to transact surety business in this state.

(B)(C) "Managing general agent" means any person that is appointed or employed by an insurer to supervise or otherwise manage the bail bond business written in this state by surety bail bond agents appointed by the insurer.

(C)(D) "Surety" means an insurer that agrees to be responsible for the fulfillment of the obligation of a principal if the principal fails to fulfill that obligation.

Sec. 3905.84. No person or charitable bail organization shall act in the capacity of a surety bail bond agent, or perform any of the functions, duties, or powers prescribed for surety bail bond agents under sections 3905.83 to 3905.95 of the Revised Code, unless that person is qualified, licensed, and appointed as provided in those sections.

Sec. 3905.96. (A) No charitable bail organization shall furnish a person indicted for or otherwise charged with a criminal offense with a cash bond or surety bail bond if any of the following apply:

(1) The person is indicted for or otherwise charged with an offense of violence.

(2) The person is indicted for or otherwise charged with a felony, and the person previously has been convicted of or pleaded guilty to an offense of violence.

(3) The person has previously been released on bond and failed to appear for two or more court appearances.

(B) The attorney general may commence a civil action under this section. If the court finds that a charitable bail organization has violated this section, the court shall impose on the charitable bail organization a civil fine in an amount of ten thousand dollars and may grant injunctive relief. If the court imposes a civil fine on a charitable bail organization under this section, the attorney general shall deposit the civil fine into the reparations fund created by section 2743.191 of the Revised Code.

Section 2. That existing sections 3905.83 and 3905.84 of the Revised Code are hereby repealed.