BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 2029|
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THIRD READING
Bill No: AB 2029
Author: Ammiano (D)
Amended: 5/25/12 in Assembly
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-1, 6/26/12
AYES: Hancock, Calderon, Liu, Price, Steinberg
NOES: Anderson
NO VOTE RECORDED: Harman
SENATE APPROPRIATIONS COMMITTEE : 5-1, 8/6/12
AYES: Kehoe, Alquist, Lieu, Price, Steinberg
NOES: Walters
NO VOTE RECORDED: Dutton
ASSEMBLY FLOOR : 74-1, 5/30/12 - See last page for vote
SUBJECT : Bail Fugitive Recovery Persons Act
SOURCE : Department of Insurance
DIGEST : This bill (1) reenacts the Bail Fugitive
Recovery Persons Act (Act) which regulates persons who
arrest and return fugitive defendants to court; (2)
requires that bail fugitive recovery persons and bail
agents who arrest fugitives complete a course on arrest and
20 hours of training on the duties of bail agents; (3)
provides that only bail agents, bail fugitive recovery
persons and private investigators, as specified, may arrest
bail fugitives; (4) requires a person authorized by law to
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arrest a bail fugitive to obtain written authorization to
arrest a bail fugitive and keep the authorization and
applicable certificates of training when performing his/her
duties; (5) requires a person authorized by law to arrest a
bail fugitive to inform local law enforcement when making
an arrest, as specified, except under exigent
circumstances; (6) prohibit a person authorized by law to
arrest a bail fugitive from representing themselves to be
law enforcement officers, as specified; and (7) provides
that violation of the Act is a misdemeanor.
ANALYSIS : Existing law provides for the licensing of
bail agents, bail permittees and bail solicitors by the
Insurance Commissioner. (Insurance Code Section 1800 et
seq.)
Existing law provides that if an on-bail defendant fails to
appear for arraignment, trial, judgment, or any other
scheduled court appearance, the bail is forfeited unless
the clerk of the court fails to give proper notice to the
surety or depositor within 30 days, or the defendant is
brought before the court within 180 days. (Penal (PEN)
Code Section 1305, subds. (a) and (b))
Existing law requires the court, on its own motion, to
exonerate bail where a defendant surrenders or is
recaptured within 180 days of forfeiture. Bail is
automatically exonerated where the court fails to act.
(PEN Code Section 1305, subd. (c)(1)-(3))
Existing law specifically provides that where the defendant
is recaptured or surrenders outside the county of
prosecution within the 180-day period, the court shall
vacate the forfeiture and exonerate bail. (PEN Code
Section 1305, subd. (c)(3))
Existing law provides that a timely filed motion to extend
the 180-day period allowing exoneration of bail may be
heard within 30 days of the expiration of the 180-day
period, and that the 30-day period can be extended for good
cause. The court may also require the moving party to give
10-days' prior notice to the applicable prosecuting agency
as a condition precedent to granting the motion. (PEN Code
Section 1305, subd. (i))
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Existing law provides that a surety insurer, bail agent,
surety or depositor may file a motion for an order
extending the 180-day forfeiture period. (PEN Code Section
1305.4)
Existing law makes it a misdemeanor for a bail agent or
other person who is bail for a fugitive admitted to bail in
another state to take the fugitive into custody unless,
upon application, a magistrate has issued a warrant of
arrest or that person. (PEN Code Section 847.5)
This bill re-establishes the "Bail Fugitive Recovery
Persons Act" which requires that all bail fugitive recovery
persons meet specified training requirements and comply
with particular laws.
This bill defines the terms "bail fugitive," "bail",
"depositor of bail," and "bail fugitive recovery person"
for the purpose of the Act, as follows:
A "bail fugitive" is a defendant in a pending criminal
case who has been released from custody under a
financially secured appearance, cash, or other bond and
has had that bond declared forfeited, or a defendant in
a pending criminal case who has violated a bond
condition whereby apprehension and re-incarceration are
permitted.
"Bail" is a person licensed by the Department of
Insurance (CDI) pursuant to Insurance Code Section 1800.
A "depositor of bail" is as a person or entity who has
deposited money or bonds to secure the release of a
person charged with a crime or offense.
A "bail fugitive recovery person" is a person who is
provided written authorization, as specified, by the
bail or depositor of bail, and is contracted to locate
and arrest a bail fugitive for surrender to the
appropriate court, jail, or police department, and any
person who is employed to assist a bail or depositor of
bail to locate and arrest a bail fugitive for surrender
to the appropriate court, jail, or police department.
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This bill provides that no person other than a certified
law enforcement officer shall be authorized to apprehend,
detain, or arrest a bail fugitive unless that person meets
one of the following conditions:
He/she is a person licensed by the CDI, as specified.
He/she is a bail fugitive recovery person who has been
provided written authorization by the bail, depositor of
the bail, and is contracted to investigate, surveil,
locate, and arrest a bail fugitive for surrender to the
appropriate authorities, as specified.
He/she is licensed by the State of California as a
private investigator, holds a private investigator's
license issued by another state, is authorized by the
bail, or depositor of to apprehend a bail fugitive, and
is in compliance with provisions of law that govern the
apprehension of a fugitive that has been admitted to bail
in another state.
This bill clarifies that this bill does not affect a person
ability to make a citizen's arrest, an arrest by order of a
magistrate, or the ability to summon assistance to aid in
the arrest.
This bill requires a bail fugitive recovery person or a
bail agent who contracts his/her services for the arrest of
a bail fugitive, and any a bail agent who arrests a
fugitive for whom the agent has provided bail, to comply
with the following:
He/she must be at least 18 years of age.
He/she shall have completed a 40-hour power of arrest
course certified by the Commission of Peace Officer
Standards and Training, which is not intended to confer
the same powers of arrest as a peace officer.
He/she shall have completed 20 hours of education in
subjects pertinent to the duties and responsibilities of
a bail licensee.
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He/she shall not have been convicted of a felony,
unless he/she has been licensed by the CDI.
He/she shall have in his/her possession completed
certificates of required training at all times when
performing his/her duties.
This bill requires a person authorized to arrest a bail
fugitive to have in his/her possession documentation of
authority to apprehend issued by the bail or depositor of
bail.
This bill prohibits a person authorized to arrest a bail
fugitive from representing himself/herself in any manner as
being a sworn law enforcement officer.
This bill prohibits a person authorized to arrest a bail
fugitive from wearing any uniform that represents
himself/herself as belonging to any part or department of a
federal, state, or local government.
This bill prohibits a person authorized to arrest a bail
fugitive from wearing or otherwise using a badge or a
fictitious name that represents that he/she belongs to a
federal, state, or local government.
This bill provides that a person authorized to arrest a
bail fugitive may wear a jacket, shirt, or vest with the
words "BAIL BOND RECOVERY AGENT," "BAIL ENFORCEMENT, "BAIL
ENFORCEMENT AGENT" displayed in at least two-inch high
letters across the front and back of the jacket, shirt, or
vest and in a contrasting color to that of the jacket,
shirt, or vest.
This bill requires, except in exigent circumstances a
person authorized to arrest a bail fugitive to notify local
law enforcement no more than six hours before of the intent
to apprehend a bail fugitive in that jurisdiction. Notice
shall include:
The name of the person authorized to apprehend a bail
fugitive.
The approximate time the person authorized to apprehend
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a bail fugitive will be entering the jurisdiction and
the approximate length of stay.
The name and the approximate location of the bail
fugitive.
This bill provides that if an exigent circumstance does
arise and prior notice is not given as required, the person
authorized to apprehend the bail fugitive shall notify
local law enforcement immediately after the apprehension,
and upon request of the local jurisdiction, shall submit a
detailed explanation of the exigent circumstances within
three working days.
This bill provides that nothing in this bill shall preclude
a person authorized to apprehend a bail fugitive from
making an arrest at the request of the bail or the
depositor of the bail. The fact that a bench warrant is
not located or entered into a warrant depository or system
shall not affect a lawful arrest of the bail fugitive.
This bill allows notice to be provided to a local law
enforcement agency by telephone prior to the arrest of, or
after the arrest has taken place, if exigent circumstances
exist.
This bill provides that a person authorized to arrest a
bail fugitive may not forcibly enter a premises except to
make a felony arrest after demanding admittance and
explaining the purpose for which admittance is desired.
This bill states that nothing in this Act shall deemed to
authorize a bail, bail depositor, or bail fugitive recovery
person to apprehend, detain, or arrest any person other
than to surrender the person to the court, magistrate, or
sheriff.
This bill states that a person authorized to apprehend a
bail fugitive shall not carry a firearm or any other weapon
unless in compliance with the laws of the State.
This bill provides that any person who violates the
provision of the Act is guilty of a misdemeanor punishable
by imprisonment in a county jail by a term not to exceed
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one year, by a fine not to exceed $5,000, or by both that
imprisonment and a fine.
This bill states that nothing in this act is intended to
exempt from licensure persons otherwise required to be
licensed as private investigators.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Minor, absorbable costs to CDI.
Potential ongoing minor court costs for misdemeanor
filings, likely less than $25,000 (General Fund) for 50
additional misdemeanor filings per year to the extent
bail fugitive recovery persons violate provisions of the
Act.
Potential non-reimbursable local enforcement and
incarceration costs, offset to a degree by fine revenue.
While the impact of this bill independently is likely to
be minor, the cumulative effect of all additional
misdemeanors could create General Fund cost pressure on
capital outlay, staffing, programming, the courts, and
other resources in the context of recently enacted 2011
Public Safety Realignment.
SUPPORT : (Verified 8/8/12)
Department of Insurance (source)
Aladdin Bail Bonds
California Attorneys for Criminal Justice
California Bail Agents Association
California Peace Officers Association
California State Sheriffs' Association
Consumer Attorneys of California
Crime Victims Action Alliance
Golden State Bail Agents Association
Los Angeles County District Attorney
Peace Officer Research Association of California
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ARGUMENTS IN SUPPORT : According to the author:
The Bail Fugitive Recovery Persons Act was established
in 1999 in response to California lawmakers' concerns
about some bounty hunters retrieving fugitives in
unlawful ways. The Act's main provisions required bail
fugitive recovery persons to be at least 18 years of
age and specified background, training, education and
documentation requirements, and required such persons
to work under the express written authorization of a
licensed bail agent. The Act prohibited bail fugitive
recovery persons from wearing a uniform or carrying
badges that could imply that the person works for a
governmental agency or public safety task force.
Additionally, the Act required bail fugitive recovery
persons to provide local law enforcement with at least
6 hours' notice of his or her intent to apprehend a
bail fugitive, except in exigent circumstances.
In 2004, the Legislature revisited the Act and extended
its sunset date to January 1, 2010. Since the sunset
of the Act on January 1, 2010, the California
Department of Insurance's (CDI) Investigation Division
has experienced a significant amount of cases in which
bounty hunters have overstepped appropriate, if not
legal, boundaries in their apprehension of bail
fugitives. These alarming cases illustrate the need
for statewide regulation of bounty hunters.
AB 2029 will re-establish the Bail Fugitive Recovery
Persons Act. The Act will require bounty hunters to be
properly trained and certified, to have in his or her
possession proper documentation of authority to
apprehend a bail fugitive, and to notify local law
enforcement of their intent to apprehend an individual
in that jurisdiction.
ASSEMBLY FLOOR : 74-1, 5/30/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Eng, Feuer, Fong, Fuentes, Furutani, Beth Gaines,
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Galgiani, Garrick, Gatto, Gordon, Grove, Hagman,
Halderman, Hall, Harkey, Hayashi, Roger Hernández, Hill,
Huber, Huffman, Jeffries, Jones, Knight, Lara, Logue,
Bonnie Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell,
Monning, Nestande, Nielsen, Norby, Olsen, Pan, Perea, V.
Manuel Pérez, Portantino, Silva, Skinner, Smyth, Solorio,
Swanson, Torres, Wagner, Wieckowski, Williams, Yamada,
John A. Pérez
NOES: Morrell
NO VOTE RECORDED: Donnelly, Fletcher, Gorell, Hueso,
Valadao
RJG:d 8/8/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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