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Rule 531 – Qualifications of Surety

May 14, 2021 | Criminal Procedure, Pennsylvania

(A) Subject to any additional requirements prescribed by local rule of court, the following shall be qualified to act as sureties:

(1) owners of cash or securities as provided in Rule 528;
(2) owners of realty located in the Commonwealth as provided in Rule 528(D)(3), or owners of realty located outside the Commonwealth but within the United States as provided in Rule 528(D)(4), provided that satisfactory evidence of ownership or special approval of the court is obtained;
(3) surety companies approved by the court and authorized to do business in the Commonwealth of Pennsylvania;
(4) professional bondsmen licensed under the Judicial Code, 42 Pa.C.S. §§ 5741-5750;
(5) for percentage cash bail only, the defendant or any private individual or organization.
(B) No attorney, or spouse or employee of any attorney, shall be permitted to become a surety for a client of the attorney or for a client of the attorney’s office.
(C) No sheriff, employee of a sheriff, tipstaff, other employee, or official of the courts or issuing authorities of any judicial district shall be permitted to become a surety unless the defendant is a member of that person’s immediate family.
(D) No person who is named in any current official list of undesirable bondsmen shall be permitted to become a surety in any case.

234 Pa. Code § 531

Amended by Pennsylvania Bulletin, Vol 47, No. 20. May 20, 2017, effective 5/20/2017

Committee Explanatory Reports:

Final Report explaining the provisions of the new rule published with Court’s Order at 25 Pa.B. 4116 (September 30, 1995) .

Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court’s Order at 30 Pa.B. 1477 (March 18, 2000) .