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§47-701.
§47-701.
(a) Any automobile club or other association may issue guaranteed
arrest bond certificates valid for one (1) year from date of issue as
provided in this act in an amount not to exceed Five Hundred Dollars
($500.00) on each undertaking, provided such certificates have been
fully guaranteed or reinsured by an insurer then licensed by the
Insurance Commissioner to transact surety business in this state and
such guarantee or reinsurance by the insurer covers all certificates
issued by the automobile club or other association during the term of
the guarantee or reinsurance written by the insurer. Such insurer
shall first file with the Insurance Commissioner an undertaking thus
to become surety. Such guaranteed arrest bond certificates may be
issued also in conjunction with automobile liability insurance
policies by any insurer authorized to then write automobile liability
insurance within this state upon such insurer filing with the
Insurance Commissioner an undertaking thus to become such surety.
(b) Such undertaking shall be in the form prescribed by the
Commissioner of Insurance and shall state the following:
(1) The name and address of the automobile clubs, association or
companies with respect to the quaranteed arrest bond certificates of
which the surety company undertakes to be surety.
(2) The unqualified obligation of the surety company to pay the fine
or forfeiture in an amount not to exceed Five Hundred Dollars
($500.00) of any person who, after posting a guaranteed arrest bond
certificate with respect to which the surety company has undertaken to
be surety, fails to make the appearance to guarantee which, the
guaranteed arrest bond certificate was posted.
(3) The term "guaranteed arrest bond certificate" as used herein means
any printed card or other certificate issued by an automobile club,
association or insurance company to any of its members or insureds,
which card or certificate is signed by the member or insured and
contains a printed statement that such automobile club, association or
insurance company and a surety company or an insurance company
authorized to transact both automobile liability insurance and surety
business, guarantee the appearance of the person whose signature
appears on the card or certificate and that they will in the event of
failure of the person to appear in court at the time of trial, pay any
fine or forfeiture imposed on the person in an amount not exceeding
Five Hundred Dollars ($500.00).
(c) Any guaranteed arrest bond certificate with respect to which a
surety company has become surety, or a guaranteed arrest bond
certificate issued by an insurance company authorized to transact both
automobile liability insurance and surety business within this state,
as herein provided, shall, when posted by the person whose signature
appears thereon, be accepted in lieu of cash bail or other bond in an
amount not to exceed Five Hundred Dollars ($500.00) as a bail bond, to
guarantee the appearance of such person in any court in this state,
including all municipal courts in this state, at such time as may be
required by such court, when the person is arrested for violation of
any motor vehicle law of this state or any motor vehicle ordinance of
any municipality in this state, except for the offense of driving
under the influence of intoxicating liquors or of drugs or for any
felony committed prior to the date of expiration on such guaranteed
arrest bond certificates; provided, that any such guaranteed arrest
bond certificates so posted as bail bond in any court in this state
shall be subject to the forfeiture and enforcement provisions with
respect to bail bonds in criminal cases as otherwise provided by law
or as hereafter may be provided by law, and that any such guaranteed
arrest bond certificate posted as a bail bond in any municipal court
of this state shall be subject to the forfeiture and enforcement
provisions, if any, of the charter or ordinance of the particular
municipality pertaining to bail bonds posted.
(d) The State Insurance Commissioner shall notify in writing each
chief of municipal police department, each county sheriff and each
judge of the district court of this state, the name of each surety,
insurance company, automobile club or association authorized to issue
guaranteed arrest bond certificates, as provided in this act. The
Insurance Commissioner shall also inform such officials of each
additional organization which may thereafter become qualified to issue
such certificates and in the event any such organization shall be
disqualified from issuing such certificates, the Commissioner shall
forthwith inform such officials of such disqualification.
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