BILL ANALYSIS Ó
AB 2029
Page 1
Date of Hearing: April 18, 2012
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 2029 (Ammiano) - As Amended: March 20, 2012
Policy Committee: Public
SafetyVote: 6-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill reestablishes the Bail Fugitive Recovery Persons Act,
which sunset in 2010, which requires bounty hunters - persons
seeking to recover bail fugitives - to comply with specified
training and performance requirements.
FISCAL EFFECT
Minor nonreimbursable local incarceration costs to the extent
persons subject to the Act violate provisions of the Act and
receive up to one year in county jail (and/or a fine of up to
$5,000.)
COMMENTS
1)Rationale . The author's intent is to ensure individuals meet
certain requirements before they become bail fugitive recovery
persons. Absent reestablishment of the Act, bail fugitive
recovery persons are not required to meet any background or
training requirements, nor are they required to notify local
law enforcement of their intention to apprehend an individual.
According to the author and the sponsor, the California
Department of Insurance (CDI), since the Jan. 1, 2010 sunset,
CDI's Investigation Division has experienced a significant
number of cases in which bounty hunters have overstepped
appropriate, if not legal, boundaries in their apprehension of
bail fugitives.
CDI states, "CDI has responded to complaints ranging from some
bounty hunters forcibly entering homes wearing uniforms and
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badges that could easily mistake them as law enforcement, to
some bounty hunters using extortion and kidnapping-like
tactics to procure bail bond payments.
"Bail agents are currently licensed and regulated by CDI.
However, there is no oversight or requirements for bounty
hunters and for those persons acting as a bounty hunter. AB
2029 would re-institute CDI's oversight by establishing
specified eligibility requirements, satisfy notice and conduct
requirements, and create safety mechanisms for law enforcement
and consumers. Furthermore, AB 2029 will help enhance the
professionalism of this field of work, increase knowledge and
experience of individuals in the field, ensure appropriate
coordination with law enforcement and promote public safety."
2)The Bail Fugitive Recovery Persons Act was enacted in 1999 to
provide a measure of accountability over bounty hunters. At
the time there were minimal requirements if the person was not
also a licensee under other provisions of law regulating bail
agents, private investigators, or private security guards. The
Act established background and training requirements, as well
as protocols for working with local law enforcement.
For example, the Act requires that a bail fugitive recovery
person be at least 18, have no felony convictions, and
complete specified coursework. The Act requires such persons
to work under the express written authorization of a licensed
bail agent, and prohibits bail fugitive recovery persons from
wearing a uniform or carrying badges that could imply the
person works for a governmental agency or public safety task
force. Additionally, the Act requires bail fugitive recovery
persons to provide local law enforcement with at least 6 hours
notice of intent to apprehend a bail fugitive, except in
exigent circumstances.
The Act does not require licensure of bail fugitive recovery
persons and relies upon a self-policing regulatory scheme.
Background checks are not required. Those who have completed
the course of training are required to carry proof of
completion, thereby providing some opportunity to confirm
completion, presumably during the hiring process or by law
enforcement upon apprehension of a fugitive in the field.
In 2004, the Legislature extended the sunset date of the Act
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to January 1, 2010.
3)Support . The California State Sheriffs' Association states,
"The regulation of bail fugitive recovery persons would
protect public safety by ensuring that these individuals are
properly trained and are in possession of proper documentation
of authority to apprehend a bail fugitive."
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081