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Ark. Code Ann. § 16-84-114

Surrender of defendant

Applied in 3 court decisions — leading case 2011 Ark. App. 389 - Hester v. Arkansas Professional Bail Bondsman Licensing Board (2011)

Most recently applied in 2011 Ark. App. 389 - Hester v. Arkansas Professional Bail Bondsman Licensing Board (May 2011)

Acts 1989, No. 417, § 5; 1995, No. 593, § 1; 1999, No. 1445, § 1; 2001, No. 1387, § 2.

How often courts cite this section

199820002010201110
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) At any time before the forfeiture of their bond, the surety may surrender the defendant or the defendant may surrender himself or herself to the jailer of the county in which the offense was committed.

(2) However, the surrender must be accompanied by a certified copy of the bail bond to be delivered to the jailer, who must detain the defendant in custody thereon as upon a commitment and give a written acknowledgment of the surrender.

(3) The surety shall thereupon be exonerated.

(4) For the purpose of surrendering the defendant, the surety may obtain from the officer having in his or her custody the bail bond or recognizance a certified copy thereof, and thereupon at any place in the state may arrest the defendant.

(5) No person other than an Arkansas-licensed bail bond agent, an Arkansas-licensed private investigator, a certified law enforcement officer, or a person acting under the direct supervision of an Arkansas-licensed bail bond agent shall be authorized to apprehend, detain, or arrest a defendant on a bail bond, wherever issued, unless that person is licensed as a bail bond agent by the state where the bail bond was written.

(6) No person shall represent himself or herself to be a bail enforcement agent, bounty hunter, or similar title in this state.

(7) Any bail bond agent attempting to apprehend a defendant shall notify the local law enforcement agency or agencies of his or her presence and provide the local law enforcement agency or agencies with the defendant's name, charges, and suspected location.

(8) Any person who violates any provision of this section shall be guilty of a Class D felony.

(9) The surety may arrest the defendant without the certified copy.

(10) If the surety has good cause for surrendering the defendant and has complied with the provisions of this section in surrendering the defendant, there shall be no requirement that the surety return part or all of the premium paid for the bail bond.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.