§ 16-84-114 — Surrender of defendant

(a) (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. (b) (1) 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. (2) 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. (3) No person shall represent himself or herself to be a bail enforcement agent, bounty hunter, or similar title in this state. (4) 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. (5) Any person who violates any provision of this section shall be guilty of a Class D felony. (c) The surety may arrest the defendant without the certified copy. (d) 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.

Legislative History

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