BILL ANALYSIS �
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
AB 2029 (Ammiano) - Bail Fugitive Recovery Persons Act.
Amended: May 25, 2012 Policy Vote: Public Safety 5-1
Urgency: No Mandate: Yes
Hearing Date: August 6, 2012
Consultant: Jolie Onodera
This bill does not meet the criteria for referral to the
Suspense File.
Bill Summary: AB 2029 would reenact the Bail Fugitive Recovery
Persons Act (the Act), which sunset on January 1, 2010, and
would require persons who seek to arrest and return bail
fugitives to court, or "bounty hunters," to comply with
specified training and performance standards. This bill would
provide that any person who violates the provisions of the Act
is guilty of a misdemeanor, as specified.
Fiscal Impact:
Minor, absorbable costs to the Department of Insurance
(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.
Background: 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. Existing law provides that where the
defendant is recaptured or surrenders outside the county of
AB 2029 (Ammiano)
Page 1
prosecution within the 180-day period, the court shall vacate
the forfeiture and exonerate bail.
The Bail Fugitive Recovery Persons Act was originally
established in 1999 in response to concerns that bounty hunters
were retrieving bail fugitives using unlawful processes. The Act
provided for the regulation of bail fugitive recovery persons
and specified minimum training and documentation requirements.
The Act's original sunset date was extended in 2004 to January
1, 2010.
Proposed Law: This bill seeks to reestablish the Bail Fugitive
Recovery Persons Act (the Act) which sunset on January 1, 2010,
and would provide that persons seeking to recover bail fugitives
must meet specified training requirements and comply with
various laws. This bill would provide 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 or she is a person licensed by the Department of
Insurance (CDI), as specified.
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.
He or 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 bail to apprehend a bail fugitive, and is
in compliance with provisions of law, as specified.
This bill requires a bail fugitive recovery person or bail agent
who contracts his or her services for the arrest of a bail
fugitive to comply with the following:
He or she must be at least 18 years of age.
He or she shall have completed a 40-hour power of arrest
course certified by the Commission on Peace Officer
Standards and Training (POST), which is not intended to
confer the same powers of arrest as a peace officer.
He or she shall have completed 20 hours of education in
subjects pertinent to the duties and responsibilities of a
AB 2029 (Ammiano)
Page 2
bail licensee.
He or she shall not have been convicted of a felony,
unless he or she has been licensed by the CDI.
He or she shall have in his or her possession completed
certificates of required training at all times when
performing his or her duties.
He or she may not represent himself or herself in any
manner as being a sworn law enforcement officer.
He or she may not wear any uniform that represents
himself or herself as belonging to any part or department
of 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," or "Bail Enforcement
Agent," as specified.
This bill requires, except under 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, as specified.
This bill additionally 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 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 would provide that any person who violates the
provisions of the Bail Fugitive Recovery Persons Act is guilty
of a misdemeanor punishable by imprisonment in a county jail by
a term not to exceed one year, a fine not to exceed $5,000, or
both.
Related Legislation: AB 2238 (Spitzer) Chapter 166/2004 extended
the sunset date on the Bail Fugitive Recovery Persons Act from
January 1, 2005, to January 1, 2010, and directed the California
Research Bureau to conduct a study of the Act, as specified, and
to submit a report to the Legislature no later than January 1,
2009.
AB 243 (Wildman) Chapter 426/1999 established the Bail Fugitive
Recovery Persons Act.
AB 2029 (Ammiano)
Page 3
Staff Comments: The CDI has indicated the provisions of this
bill will result in minor, absorbable costs to the department
and would not require additional resources to the CDI
Investigation Division, which investigates complaints of
unlawful activity perpetrated against the public by agents,
brokers, public adjusters, and bail agents, among others.
The provisions of this bill will also result in likely minor
non-reimbursable local costs for enforcement to the extent
persons subject to the Act violate provisions of the Act,
resulting in potential local incarceration and/or a fine of up
to $5,000 per violation. The Judicial Council may also incur
ongoing minor court costs for additional misdemeanor filings,
likely less than $25,000 (General Fund) for 50 additional
misdemeanor filings per year.
The creation of new misdemeanors has historically been analyzed
by this Committee to result in non-reimbursable state mandated
costs for local law enforcement and incarceration. Staff notes,
however, that the creation, or in this case, the re-enactment,
of new misdemeanors taken cumulatively could increase the
statewide adult jail population to a degree that could
potentially impact the flexibility of counties to manage their
jail populations recently increased under the 2011 Public Safety
Realignment. While the provisions of this bill are likely to be
minor, the cumulative effect of all additional misdemeanors
could create unknown General Fund cost pressure on capital
outlay, staffing, programming, the courts, and other resources.