SB 898: Bail: surety insurers.

Existing law generally regulates the undertaking of bail and the licensing of bail agents, bail permittees, and bail solicitors. Existing law requires an insurer executing an undertaking of bail to do so through a person holding a bail license. Existing law authorizes the Insurance Commissioner to issue bail licenses and to regulate bail licensees. Existing law makes it a public offense to violate these provisions, or any rule of the commissioner made pursuant to these provisions, and makes a violation punishable by a fine not exceeding $10,000, or by imprisonment as specified, or by both that fine and imprisonment.

This bill would require each a surety insurer to report specified information, such as the number and total face value of bail bonds written in the state, to the Insurance Commissioner, the Judicial Council, and the Attorney General on a quarterly and annual basis. Beginning January 1, 2020, the bill would require a bail licensee to post the terms and conditions of its bail contracts online and to translate the terms and conditions of each bail contract into not fewer than 3 and not more than 5 of the most common non-English languages spoken in the county in which the contract is issued. By creating new crimes, the bill would impose a state-mandated local program. The bill would also require the Department of Insurance to conduct a study and make recommendations no later than July 1, 2019, regarding insurers who provide coverage to bail licensees, as specified. on its Internet Web site in English, Spanish, Chinese, Tagalog, Vietnamese, and Korean. The bill, beginning January 1, 2020, would require a bail licensee to provide a bail contract and supporting documents at specified times in plain English, and translations in 5 specified languages upon request. The bill would require a translated document to state in both that language and English that the English version is the official version, and would subject an insurer that knowingly misrepresents information in another language to the penalties for unfair and deceptive acts or practices, effective January 1, 2020. The bill would also require a notice of appointment filed by a bail license applicant to include a copy of a contract between the applicant an a surety insurer, and would require the applicant to provide an updated agreement to the Insurance Commissioner if the contract is amended or superseded. By creating new crimes, the bill would impose a state-mandated local program. The bill would also make related legislative findings and declarations.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.