South Carolina’s New Licensing Law Concern for Some Bail Agents

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By Michael J. Whitlock, Executive Vice President The recent reform package passed last year in South Carolina mandates that bail agents obtain a property and casualty license by July 1 to continue their practice. This has introduced several challenges and concerns among veteran bail agents, who attended a continuing education class organized by the South Carolina Bail Agents Association in Columbia on June 15. Key Points from the Meeting: 1. New Licensing Requirement: - Bail agents now need a property and casualty license to write bail. - This change is part of a broader reform package aimed at regulating the industry more strictly. 2. Difficulty of the Exam: - Many veteran agents, some of whom have not taken an exam in over 40 years, found the test challenging. - The…
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Core Specialty Completes Purchase of American Surety Company – Bail Division Stronger than Ever

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We are excited to share that Core Specialty's acquisition of American Surety Company is complete. With the strengthened financial backing of Core Specialty and the same service and experience of American Surety Company, there has never been a better time to entrust us with your business. American Surety Company and Core Specialty are working together to ensure all agency partnerships and bondholders continue to receive industry-leading products and services, and to align the combined operations in the best interests of customers, agents, brokers, and employees. Our commitment to providing exceptional service to our valued agents and clients remains unwavering. The underwriters and support staff you have come to rely on will continue to serve you, ensuring a seamless continuation of our partnership. Your dedication and support have been instrumental in…
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Georgia Rolls Back Bail Reform – Sends Bill to Governor

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On the heels of New York reinstating bail requirements on a wide range of felony crimes and Florida instituting a statewide bail schedule, Georgia has passed legislation requiring secured bail on 30 new criminal charges.  The bill originated in the Senate, passed the House has been sent to the governor for signature. In addition to requiring bail on additional criminal charges, charitable bail organizations, who use donations from the public to post cash bail, will be limited to posting three cash bonds a year. Any organization wishing to post more than three bonds a year must qualify as a professional bondsman and be approved by the local sheriff to open an office. It has been reported charitable bail organizations have posted cash bail for as many as 1500 offenders in…
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Embracing Technological Advances: The Rise of E-Bail Bonds

Bail, ebonds, News
By Michael J. Whitlock, Executive Vice President In a significant move towards modernization, Denton County, Texas has become the latest jurisdiction to mandate bail agents to post bonds electronically. This development underscores the gradual adoption of e-filing systems within the bail industry, a concept that has been discussed for years but is only now gaining traction in certain states. American Surety Company, with a notable presence in Texas and Georgia, has embraced this shift, working with our agents to post bonds electronically where permissible. While the move to e-filing appears logical to some, it has sparked varying opinions within the industry. Reflecting on the anticipation surrounding e-bonds, it brings to mind the days when I was playing soccer as a teen in Memphis. It was 1976, Kyle Rote, Jr. was the…
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Texas Bail Agents Do It Right

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By Michael J. Whitlock I’ve been attending meetings and annual conferences by the Professional Bondsmen of Texas for several decades and they always deliver. Whether it’s the continuing education classes with instructors with legal experts in bail like Roger Moore, Ken Good and Randy Adler or the auctions to raise money for the PAC, they always do it right. American Surety Company is proud to be a regular sponsor of PBT events. At PBT’s 2023 Annual Convention at The Menger Hotel in San Antonio, PBT held a skeet shot competition, auction for the PAC and raised thousands of dollars for my favorite charity Camp Esperanza, an annual summer camp for pediatric cancer patients. A special retirement dinner was held for Susie Cannon, she has served PBT for 18 years. She was lauded for…
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Illinois Ends 90% Discount Bail in Favor of Zero Bail

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Michael J. Whitlock According to wisevoter.com Illinois ranks number five among all states for incidents of violent crime and ranks 19th for total crimes committed. The Illinois Supreme Court upheld the Illinois Bail Reform Act, a new law banning the use of cash to secure the appearance in court by the accused while released from jail pending trial. The new law goes into effect September 18, 2023. Illinois has not used bail bonds for decades. Prior to the new law, most defendants could deposit with the court 10% of the set bail in cash. What we refer to as the 90% discount. The new law will take the 90% discount to a 100% discount known as “zero bail”. Some would argue eliminating the requirement of bail makes the public safer.…
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The Palmetto State Enacts Sweeping Bail Reform Legislation

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By Michael J. Whitlock South Carolina Governor Henry McMaster signed sweeping legislation (H3532) related to its pretrial release system and licensed bondsmen. While several states have been reviewing the pretrial release regulations over the past seven to ten years, South Carolina is only now working to address concerns perceived or otherwise. Here are some highlights. Full cash bonds will be required on anyone charged with a violent offense while released on bond for a prior felony offense or a felony offense involving a firearm while out on bond or pretrial release. When setting conditions for release the court must consider the nature of circumstances surrounding the offense charged, family ties, employment status, financial resources, character and mental condition, length of residency in the community, prior criminal record, prior convictions, prior failures to…
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A Trip to the U.S. Capital

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By Michael Whitlock I spent a few days at our nation’s capital this week in my capacity as a member of the American Bail Coalition Legislative Committee. The bail industry is largely regulated by the states though some bail is still written at the federal level and federal regulation can indirectly impact bail policies at the state level. We met with both congressmen and senators to discuss these important issues. The Bureau of Justice Statistics released a study in 2007, providing data gathered from the 75 largest counties in the country for the purpose of determining the effectiveness of various forms of pretrial release. The BJS study concluded secured bail be it full cash or surety were most effective. It was also a useful tool to drive home the point bail bonds play a…
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In Case of Emergency – Break Glass

In Case of Emergency – Break Glass

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By Michael J. Whitlock We’ve all seen fire hose and axe stations as we walk through office buildings only to be used in case of an emergency. Expansion of preventive detention, requiring constitutional amendments is the order of the day in Connecticut, Indiana, and Texas. Some members of these state legislatures have deemed the increase in crime an emergency and preventative detention, holding an offender in jail without bail, until trial, the answer. After years of overreaching criminal justice reforms these legislative bodies, out of desperation, are looking to break the glass to create the necessary tools to aid in putting out a fire they themselves help ­­start. They want to change constitutional language that has been in place for at least two centuries. Why now? Bail agents across the country know,…
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Happy Holidays from American Surety Company

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By Michael J. Whitlock There is a winter storm coming down from the north that will sweep across the Midwest over the Northeast guaranteeing snow for Christmas.  Snow just adds a little something to the occasion and the season. I probably don’t embrace the season as much as I should for reasons unknown.  I do enjoy looking out my window to see the cars of my adult kids parked in the driveway.  No matter how old they get, I never stop worrying for their well-being and having them all at the house certainly adds to the holiday spirit. Given the state of our country and the increase in crime in our communities it’s always a relief to have family around.  My son and daughters know the first question I’m going…
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