State of South Dakota
LEGISLATIVE ASSEMBLY, 2013
This bill has been extensively amended (hoghoused) and may no longer be consistent
with the original intention of the sponsor.
SENATE JUDICIARY ENGROSSED NO. HB 1130 - 02/28/2013
Introduced by: Representatives Hickey, Bolin, Craig, Cronin, Ecklund, Erickson, Feinstein,
Gibson, Gosch, Haggar (Jenna), Hajek, Hawks, Hoffman, Hunhoff (Bernie),
Johns, Lust, Mickelson, Munsterman, Rounds, Rozum, Russell, Schoenfish,
Stalzer, Stevens, and Verchio and Senators Kirkeby, Hunhoff (Jean), Jensen,
Krebs, Lederman, Lucas, Maher, Otten (Ernie), Soholt, Tidemann, and Van
FOR AN ACT ENTITLED, An Act to define certain terms relating to bail bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 58-22-1 be amended to read as follows:
The following words when Terms used in this chapter shall have the following
(1) "Bail bond," cash, property or surety given to obtain a defendant's release;
(1A) "Bail bondsman,"
shall mean a surety bondsman, professional bondsman, or a
property bondsman as hereinafter defined;
(1B) "Cash," the coins and bills issued by the government of the United States and does
not include the transfer of funds electronically;
any domestic, foreign, or alien surety company which has
qualified generally to transact surety business and specifically to transact bail bond
business in this state;
(3) "Professional bondsman,"
shall mean any person who has been approved by the
director and who pledges cash or approved unregistered bonds as security for a bail
bond in connection with a judicial proceeding and receives or is promised money or
other things of value;
(4) "Property bondsman,"
is a person who pledges real or other property as security for
a bail bond in a judicial proceeding and who receives or is promised money or other
things of value therefor;
shall mean a person employed by a bail bondsman for the purpose of
assisting the bail bondsman in presenting the defendant in court when required or to
assist in apprehension and surrender of defendant to the court, or keeping defendant
under necessary surveillance. This does not affect the right of a bail bondsman to hire
counsel or to ask assistance of law enforcement officers;
(6) "Surety bondsman,
any person who has been approved by the director
and appointed by an insurer by power of attorney to execute or countersign bail
bonds for the insurer in connection with judicial proceedings and who receives or is
promised money or other things of value therefor.