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Session Laws, 2004
Volume 801, Page 2499   View pdf image
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ROBERT L. EHRLICH, JR., Governor                             Ch. 531

Article - Criminal Procedure

5-203.

(a) (1) [A] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, A circuit
court may adopt rules setting the terms and conditions of bail bonds filed in that
court and rules on the qualifications of and fees charged by bail bondsmen.

(2)  NOTWITHSTANDING ANY OTHER LAW OR RULE TO THE CONTRARY, IF
EXPRESSLY AUTHORIZED BY THE COURT, A DEFENDANT OR A PRIVATE SURETY
ACTING FOR THE DEFENDANT MAY POST A BAIL BOND BY EXECUTING IT IN THE
FULL PENALTY AMOUNT AND DEPOSITING WITH THE CLERK OF COURT THE
GREATER OF 10% OF THE PENALTY AMOUNT OR $25.

(3)     A bail bond commissioner may be appointed to carry out rules
adopted under this section.

[(3)] (4) A violation of a rule adopted under this section is contempt of
court and shall be punished in accordance with Title 15, Chapter 200 of the Maryland
Rules.

[(4)] (5) A person may not engage in the business of becoming a surety
for compensation on bail bonds in criminal cases unless the person is:

(i) approved in accordance with any rules adopted under this
section; and

(ii) if required under the Insurance Article, licensed in accordance
with the Insurance Article.

5-205.

(a)     A District Court judge may:

(1)     set bond or bail;

(2)     release a defendant on personal recognizance or on a personal or
other bail bond;

(3)     commit a defendant to a correctional facility in default of a bail bond;

(4)     order a bail bond forfeited if the defendant fails to meet the
conditions of the bond; and

(5)     exercise all of the powers of a justice of the peace under the
Constitution of 1867.

(b)     (1) This subsection does not apply to a defendant who has been arrested
for failure to appear in court or for contempt of court.

(2) (i) In NOTWITHSTANDING ANY OTHER LAW OR RULE TO THE
CONTRARY, IN a criminal or traffic case in the District Court in which a bail bond has

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Session Laws, 2004
Volume 801, Page 2499   View pdf image
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