BILL ANALYSIS �
AB 2029
Page 1
ASSEMBLY THIRD READING
AB 2029 (Ammiano)
As Amended March 20, 2012
Majority vote
PUBLIC SAFETY 6-0 APPROPRIATIONS 12-0
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|Ayes:|Ammiano, Knight, Cedillo, |Ayes:|Fuentes, Blumenfield, |
| |Hagman, Mitchell, Skinner | |Bradford, Charles |
| | | |Calderon, Campos, Davis, |
| | | |Gatto, Hall, Hill, Lara, |
| | | |Mitchell, Solorio |
| | | | |
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SUMMARY : Re-establishes the Bail Fugitive Recovery Persons Act
(Act) which requires that all bail fugitive recovery persons
meet specified training requirements and comply with particular
laws. Specifically, this bill :
1)Defines the terms "bail fugitive," "bail," "depositor of
bail," and "bail fugitive recovery person" for the purpose of
the Act:
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;
b) "Bail" is a person licensed by the California Department
of Insurance (CDI) pursuant to Insurance Code Section 1800;
c) "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; and,
d) "Bail fugitive recovery person" is a person who is
provided written authorization pursuant to Penal Code
Sections 1300 and 1301 by the bail or depositor of bail,
and is contracted to investigate, surveil, locate, and
arrest a bail fugitive for surrender to the appropriate
court, jail, or police department, and any person who is
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employed to assist a bail or depositor of bail to
investigate, surveil, locate, and arrest a bail fugitive
for surrender to the appropriate court, jail, or police
department.
2)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:
a) He or she is a person licensed by CDI, as specified;
b) He or 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;
c) He or she is licensed by the State of California as a
private investigator; or,
d) 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.
3)Clarifies that this bill does not affect a person's 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.
4)Requires a bail fugitive recovery person, a bail agent, bail
permittee, or bail solicitor who contracts his or her
services, as specified, and who engages in the arrest of a
defendant for surrender to the appropriate authorities to
comply with all of the following:
a) The person must be at least 18 years of age;
b) The person 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;
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c) The person shall have completed 20 hours of education in
subjects pertinent to the duties and responsibilities of a
bail licensee; and,
d) The person shall not have been convicted of a felony,
unless the person has been licensed by CDI.
5)Requires a bail fugitive recovery person to have in his or her
possession completed certificates of required training at all
times when performing his or her duties.
6)Provides that in performing a bail fugitive apprehension, an
individual authorized to make the apprehension shall comply
with all laws applicable to that apprehension.
7)Requires a bail fugitive recovery person to have in his or her
possession proper documentation of authority to apprehend
issued by the bail or depositor of bail.
8)Prohibits a bail, depositor of bail, or bail fugitive recovery
person from representing himself or herself in any manner as
being a sworn law enforcement officer.
9)Prohibits a bail, depositor of bail, or bail fugitive recovery
person from wearing any uniform that represents himself or
herself as belonging to any part or department of a federal,
state, or local government. Any uniform shall not display the
words United States, Bureau Task Force, Federal or other
substantially similar words that a reasonable person may
mistake for a government agency.
10)Prohibits a bail, depositor of bail, or bail fugitive
recovery person from wearing or otherwise using a badge or a
fictitious name that represents himself or herself as
belonging to a federal, state, or local government.
11)Provides that a bail, depositor of bail, or bail fugitive
recovery person may wear a jacket, shirt, or vest with the
words "BAIL BOND RECOVERY AGENT," "BAIL ENFORCEMENT," or
"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.
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12)Requires that a bail, depositor of bail, or bail fugitive
recovery person, except under exigent circumstances, notify
local law enforcement prior to and no more than six hours
before of the intent to apprehend a bail fugitive in that
jurisdiction by doing all of the following:
a) Indicating the name of the person authorized to
apprehend a bail fugitive entering the jurisdiction;
b) State the approximate time the person authorized to
apprehend a bail fugitive will be entering the jurisdiction
and the approximate length of stay; and,
c) State the name and the approximate location of the bail
fugitive.
13)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
those exigent circumstances within three working days after
the apprehension is made.
14)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 for
the purpose of surrendering a defendant to the appropriate
authorities. 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.
15)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.
16)Provides that a bail, a bail depositor, or bail fugitive
recovery person may not forcibly enter a premises except as
provided in provisions of law that require a person to demand
admittance and explain the purpose for which admittance is
desired.
17)States that nothing in this Act shall be deemed to authorize
a bail, bail depositor, or bail fugitive recovery person to
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apprehend, detain, or arrest any person other than to
surrender a person to the court, magistrate, or sheriff.
18)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.
19)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 one year, by a fine not to
exceed $5,000, or by both imprisonment and a fine.
20)States that nothing in this Act is intended to exempt from
licensure persons otherwise required to be licensed as private
investigators.
EXISTING LAW :
1)Authorizes the California Insurance Commissioner to regulate
and license bail agents and the issuance of bail bonds.
2)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.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, 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 : 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,
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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 (AB 2238; Chapter 166, Statutes
of 2004.) Since the sunset of the Act on January 1, 2010, CDI's
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.
"AB 2029 would reinstate the Bail Fugitive Recovery Persons Act
requiring individuals to meet specific eligibility requirements
in order to be a bail fugitive recovery person and requiring
bail fugitive recovery persons to satisfy specified notice and
conduct requirements in carrying out their duties."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Gregory Pagan and Stella Choe/ PUB. S.
/ (916) 319-3744
FN: 0003322