Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 5741 (2026)

Definitions.

✓ current as of May 2026

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SUBCHAPTER B

BAIL BONDSMEN

Sec.

5741. Definitions.

5742. Licensure required.

5743. Issuance of license (Repealed).

5743.1. Authorization to conduct business within each county.

5744. Office.

5745. Suspension or nonrenewal of license for unpaid bail forfeitures.

5746. Suspension or revocation of authority to conduct business in a county.

5747. Statements by fidelity or surety companies (Repealed).

5747.1. Forfeited undertaking.

5748. Maximum premiums (Repealed).

5748.1. Private cause of action.

5749. Prohibitions and penalties.

5750. Third-party sureties.

Subchapter Heading. The heading of Subchapter B was amended July 2, 2015, P.L.110, No.16, effective in 120 days.

§ 5741. Definitions.

The following words and phrases when used in this subchapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:

"Bail bondsman." A person who engages in the business of giving bail as a surety for compensation.

"Department." The Insurance Department of the Commonwealth.

"Insurer." As defined in section 601-A of the act of May 17, 1921 (P.L.789, No.285), known as The Insurance Department Act of 1921.

"Office of the clerk." The office of the clerk of the court of common pleas of each judicial district in which a person engages in the business of a bail bondsman.

"Professional bondsman." (Deleted by amendment).

"Surety." A person who pledges security, whether or not for compensation, in exchange for the release from custody of a person charged with a crime prior to adjudication.

(July 2, 2015, P.L.110, No.16, eff. 120 days)

2015 Amendment. See section 12 of Act 16 of 2015 in the appendix to this title for special provisions relating to licensure as insurance producer.

Notes of Decisions

Cited in 8 cases (3 in the last 5 years), 1980–2025 · leading case: Commonwealth v. Liberty Bail Bonds, 8 A.3d 1031 (Pa. Commw. Ct. 2010).

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Commonwealth v. Liberty Bail Bonds, 8 A.3d 1031 (Pa. Commw. Ct. 2010). · cites it 4× “42 Pa. C.S. § 5741. Moreover, bondsmen do not have to be licensed by the Department and are subject to local rules and applicable statutes.”

Carey v. Beans, 500 F. Supp. 580 (E.D. Pa. 1980). “§ 231 and 42 Pa.Cons.Stat.Ann. § 5741 (Purdon). 4 .”

Lexington Nat'l. Ins. Co. v. Delaware Cnty. (Pa. Commw. Ct. 2022). · cites it 9× “” 42 Pa. C.S. § 5741. Section 2 of Act 16 defines “surety” as “a person who pledges security, whether or not for compensation, in exchange for the release from custody of a person charged with a crime prior to adjudication.”

In Re: Order Amending Rules 531 & 536 of the Pennsylvania Rules of Crim. Procedure (Pa. 2017). · cites it 5× “["Professional bondsman," as defined in the Judicial Code, 42 Pa.C.S. §§ 5741- 5749, includes any person who, within a 30-day period, becomes a surety or indemnifies a surety pursuant to these rules in three or more matters not arising under the same transaction, whether or not…”

Com. of PA v. G. Giaffes (Pa. Commw. Ct. 2020). · cites it 3× “Pursuant to Section 5746(a), the Commonwealth filed a petition seeking to revoke Appellant’s authority for violating subsections (2), (3), and (6).”

Com. v. Edge, E. (Pa. Super. Ct. 2015). · cites it 2× “531 and 42 Pa.C.S. § 5741). We also note that, effective October 30, 2015, 42 Pa.”

Commonwealth v. Rondon, M., Apl. of: Hobbs, S. (Pa. 2025). “42 Pa.C.S. § 5741. From these definitions, we discern that a “bail bondsman” is a subcategory of “surety:” both are third parties who supply security to release a defendant on bail, but only a “bail bondsman” does so for compensation as a business model.”

Commonwealth v. Rondon, M., Apl. of: Hobbs, S. (Pa. 2025). “24 42 Pa.C.S. § 5741. 25 The Rules of Criminal Procedure also outline the procedures attendant to a defendant’s violation of the terms of a bail bond.”

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