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View Full Version : SUMMARY OF ALL STATE LAWS: (May 1, 2000)



Anthony Bridgestone
01-15-2001, 09:53 PM
FULL CREDIT GIVEN TO: NABIC


May 1, 2000

State
Sketch of Current Law
Pending Legislation

AL
Alabama gives wide latitude to bondsmen to arrest their principals. (Code of Alabama 15-13-62) The bondsman can authorize another to apprehend the fugitive by endorsing a certified copy of the undertaking (15-13-117). The bondsman or his agent can pursue the principal anywhere in the state, must possess a certified copy of the bond, must clearly identify himself and his purpose, and can enter a dwelling for this purpose. The principal has to be surrendered to the sheriff of the county of jurisdiction. (15-13-63). An out of state bondsman shall have a certified copy of the undertaking when apprehending the principal (15-13-124). UCEA


AK
Alaska permits arrests to be made by private persons (AS 12.12.010, 12.25.030) and the surety may personally arrest the defendant for surrender before final charging (AS 09.40.200). UCEA.


AR
Nobody can represent himself as a bounty hunter or bail recovery agent in Arkansas. Only a licensed private investigator, a person under his direct supervision, a licensed bondsman from the state where the bond was issued, and sworn peace officers can arrest bail fugitives. Such persons must be at least 21 years of age and have no felony record. Bondsman must notify local law enforcement of his presence, the name and charges and suspected location of the defendant. Violation is a class D felony. (Arkansas Code of 1999, 16-84-114). UCEA


AZ
License required. A surety may empower a bail recovery agent to arrest a defendant (ARSA 20-282.10). The bail recovery agent may not enter a residence without permission, nor make an arrest without written authorization from an Arizona licensed bail bondsman, nor wear law enforcement- like apparel. The recovery agent must identify himself as such. Out of state bondsmen must contract for a recovery agent through an Arizona bondsman. Bondsman must report in writing to DOI name of recovery agent. Violation is a class 5 felony. (ARSA 13-3885). A recovery agent must submit to the DOI triennially a new set of fingerprints for a criminal background check. He cannot have been convicted of a felony or an offense using a dangerous weapon. (ARSA 20-323) UCEA


CA
License required. In September 1999, A 243, the Bail Fugitive Recovery Persons Act, was passed which added section 1299 to the Penal Code. This law provides for the regulation of bail fugitive recovery persons, defined as a person given written authorization by a bail or depositor of bail and contracted to investigate, surveil, locate, and arrest a bail fugitive and any person employed to assist the bail or depositor of bail to do same. The law requires that the bail fugitive recovery person be at least 18 years old and complete 2 power of arrest courses. This law requires that a person authorized to apprehend a bail fugitive notify local law enforcement of his intent to apprehend 6 hours prior. This law prohibits a bail fugitive recovery person from forcibly entering a premises for that purpose except pursuant to certain existing provisions of law governing arrest by a private person. Any person authorized to apprehend a bail fugitive is required to carry certification of completion of required courses and training programs, and shall not wear a badge or law enforcement type apparel, not carry a firearm or weapon except in compliance with state law. Violation of this statute is a misdemeanor. The law remains in effect only until January 1, 2005 subject to another statute deleting or extending that date. (Penal Code, Part 2, Title 10, Chapter 1, Article 5.5, Section 1299 and Insurance Code, Section 1810.7) In addition, a bounty hunter or bond agent who captures a defendant in California must go through extradition procedures to transport him interstate. [CA Penal Code 847.5 (1995 West); Ouzts v Maryland Natíl Ins.Co. 505 F.2d 547 (9th Cir. 1974)]. After an arrest of a defendant on bail, the surety must deliver him to the court or the police within 48 hours if it occurs in California. If it occurs out of state, the surety must deliver the defendant within 48 hours of returning to California. (CA Penal Code 1301). UCEA


CO
A surety with a certified copy of the bond may apprehend the defendant. (CRSA 16-4-108) A surety is prohibited from contracting with a bail recovery person, guilty of a felony within the last 15 years, or who has not been trained in bail recovery practices. A recovery agent must submit fingerprints to the Colorado Bureau of Investigation, undergo a background check (12-17-105.5), and receive verification of a certificate of completion of the Peace Office Standards and Training Board (POST) bail recovery course. Bail recovery personnel must also have fingerprints on file with local police or sheriff. (12-7-101 et seq.), UCEA


CT
License required. Before apprehending a principal, a professional bondsman (licensed under CT Special and Public Acts, Ch 533), a surety bond agent (licensed under Ch 700f) or a bail enforcement agent (licensed under CGSA Sec 29-152 (f) to (l)) must notify law enforcement of the jurisdiction in which the principal is thought to be (29-152(k)). Under (Sec 29-152 (f) to (l)) bail recovery personnel are not allowed to wear law enforcement-like apparel or badges (29-152(l)), and if firearms are carried a permit is required (29-152(m)). License requires training (20 hours) and background checks. No felony record allowed. Police officers are forbidden from being bounty hunters. Violation is punished by a fine not over $1,000 and/or two years in jail and permanent loss of license (29-152(n)).UCEA
H 5726. Clarifies licensing standards, conduct provisions, etc.


DC
The District is hostile both to commercial bail and to bounty hunters. A Maryland bail agent recently entered DC to pick up a fugitive and first called for police back up. The police arrested him for possession of a firearm, and let the fugitive go because the warrant in the bondsmanís possession had not been entered into NCIC. (DCCode 23) UCEA


DE
A surety can apprehend and surrender his principal. (X. General provisions. Rule 46.) UCEA
H 226 would add ch 54 to title 24 of DE Code. Requires licensing of bounty hunters, notification of law enforcement, etc.


FL
Free lance bounty hunters banned. Does not allow bounty hunters. Fugitives can only be recovered by those to whom they are bonded out. One cannot make an arrest on an out of state bond unless the person is licensed in the state or the state where the bond was written. Violation of the statute is a 3rd class felony. (Florida Statutes 648.30 (2)(3)). UCEA


GA
As of 01 July 1999, in Georgia, arresting agent must be at least 25, possess a Georgia firearms permit (if carrying), be a US citizen, if out of state from a state that has no licensing/training requirements, must contract a Georgia licensed agent, no law enforcement style apparel, must carry ID from bondsman with physical description and bondsmanís signature, notification to local authorities required by phone or fax if pick up is in private home (not required if apprehension is in public). (OCGA 17-6-50 through 58)) UCEA
H 216 would amend OCGA, Title 43, to regulate bail recovery agents.

H 1481.Clarifies the definition and registration of bail recovery agents. Provides for qualifications and fees.

H 1496. Relates to bail recovery agents, notification requirements, ID cards.


HI
The surety may at any time surrender the principal (HRS 804-14) (HRS (Insurance) 431:1-210) UCEA


IA
License required. Bounty hunters must be licensed and notify local police of a defendantís location before making an arrest. (IA CODE 80A.3). A victim can sue a bail bond agent as well as the bounty hunter for misconduct. (IA CODE 80A.16A) A bounty hunter cannot enter the home of or use force against an innocent third party. (State v McFarland, 598 N.W.2nd 318 (Iowa Ct. App. 1999)). In Iowa, the surety, subject to the limitations of IA CODE 80A, may at any time arrest the defendant at any place in the state and by written authority on a certified copy of the undertaking may empower any person of suitable age and discretion to do so. (IA CODE 811.8) UCEA
HSB 605/SSB 3052 increases the fee for 2-yr bail enforcement license from $100 to $200.


ID
The surety may at any time arrest the defendant at any place in Idaho (IS 8-111) and by written authority on a certified copy of the undertaking may empower any person of suitable age and discretion to do so. (19-2925) UCEA


IL
Bounty hunters banned. Illinois is a state unfriendly to commercial bail. A statute was enacted in 1963 designed to eliminate the commercial bail bond industry. See Schlib v Kuebel, 264 N.E.2nd 377, 380 (Ill. 1970), affíd 404 U.S. 357 (1971); Ill. Stat. Ch. 725 Sec.s 5/110-7, 5/110-8. "No bail bondsman from any state may seize or transport unwillingly any person found in this State who is allegedly in violation of a bail bond posted in some other state." Ill. Stat. Ch. 725 Sec. 5/103-9. UCEA


IN
License required. A surety, or a person authorized by him with a certified copy of the undertaking, may apprehend a principal in any county in the state (IC 35-1-22-7). Recovery agents must be licensed (IC 27-10-3-1(1997). To obtain a license, recovery agents must be at least 18, a citizen of the US, a resident of IN for at least 6 months, 10 years since a felony conviction, 5 years since a misdemeanor. (IC 27-10-3-5.) They must pass an examination given by the state. (IC 27-10-3-6). Recovery agents must notify the sheriff in their respective locales of their residence (IC 27-10-3-17) and bail bond agents must give the state a list of recovery agents they employ (IC 27-10-3-14). Forcible entry into a private dwelling of a third party to arrest the principal is prohibited (IC 35-33-1-4) (IC 27-10-2-7) Mishler v State, 660 N.E.2nd 343 (Ind App. 1996). UCEA


KS
The surety , or a person authorized by the surety, may arrest the defendant to be delivered to the county in which he is charged. (KS 22-2809) UCEA
S 90 An agent of a surety can arrest a bonded out person.


KY
Bounty hunters banned. No bail bondsman or his agent can arrest, detain, and remove from the state a bail fugitive unless a warrant has been issued for the defendant (KRS 440.270(2)). To get the warrant, a "credible" person has to appear before a judge, the judge has to issue it, and the arrest must be made by a peace officer. Defendant then answers the charge before a judge in the county in which he was arrested (KRS 440.270(1). Kentucky expressly outlaws the commercial bail bond industry. KRS 431.510 (outlawing commercial bail bond industry); See Stephens v Bonding Assoc. Of Kentucky, 538 S. W.2nd 580 (Ky 1976) (upholding statute).UCEA.
H 846. Requires registration of bounty hunters. Restrictions on activities.


LA
License required. All recovery agents must be licensed by DOI. There are education requirements to obtain and keep license. Out of state recovery personnel must contract with a bail agent licensed in Louisiana. Recovery personnel required to wear apparel identifying bail bond company during apprehension or surrender in a private residence. For apprehension in a private residence, notification of local law enforcement required. (LAC Title 37, Part XIII, Ch. 49, Reg 65, Sec. 4901 et seq.) UCEA


MA
The surety to whose exclusive custody the principal is released has legal control over the principal to ensure his appearance. (MGL Ch 276, Sec. 58, Sec. 68, & Sec. 69) The surety can forcibly enter the dwelling of the principal to apprehend him. (Ch 276, Sec. 68) UCEA
H 1481 Bail recovery agents must register with Department of Public Safety prior to a recovery.


MD
The surety can surrender the principal. (Rule 4-217, Section (h)(2) and (I)(3)(Annotated Code of MD, Art. 41, Ch.2) UCEA


ME
The surety is responsible for the principalís appearance at all times before the verdict, and the defendantís compliance with conditions of release (15 MRS 105A-1072). UCEA


MI
The surety may arrest the principal and is entitled to the assistance of law enforcement (MCL 765.26). UCEA


MN
The surety has the authority and right to arrest the principal (MS 625.18), or cause him to be arrested. He must give notice to the sheriff before apprehension (629.63). UCEA


MO
The surety or any person authorized by him may with a copy of the recognizance apprehend the principal in any county of the state. (MRS Title 37, Ch. 544.600) UCEA does not apply in Missouri.
H 1254 Omnibus bill regulating licensing of bail agents and bail recovery agents.


MS
License required. Bail enforcement agents must be licensed and be at least 21 years of age, a resident of MS for at least one year, and have no felony record (MS Code 83-39-3). A surety may before final judgement arrest the principal anywhere or authorize another to do so. (MS Code 99-5-27) A surety, by presenting a certified copy of the bond, can request law enforcement to arrest the principal. The surety must accompany the officer to receive the principal. (99-5-29) UCEA


MT
The surety may at any time arrest the defendant or by written authority on a certified copy of the undertaking empower any person of suitable age and discretion to do it. (MCA, 46-9-205 & 510) UCEA


NC
Free lance bounty hunters banned. The surety may take the principal into custody at any time or place or by written authority on a certified copy of the undertaking request any judicial officer to arrest the principal (NCGS Ch 85C-7) ((Insurance) 58-71-25&30, 1-434) or by written authority on a certified copy of the undertaking empower any person over 21 to do so. Bounty hunters can only work for one bonding company (NCGS 58-71-65)[1996] Bondsmen and runners cannot enter the homes of third parties to apprehend a fugitive. (State v Mathis, 509 S.E.2nd 155 (N.C. 1998)) UCEA


ND
A surety may arrest the defendant before the forfeiture of the undertaking, or by written authority on a certified copy of the undertaking, empower a peace officer to make the arrest. (NDCC( Insurance) 26.1-26.6-07) (29-08-20) (NDR Crim. Proc., Rule 46) UCEA


NE
The surety may at any time before judgment seize the defendant for surrender to the sheriff of the county in question. (NS 29-906) UCEA


NH
Recovery agents must be trained and certified through a program approved by the Professional Bail Agents of the US, and register with the Secretary of State who will issue proof of registration. Bail agency must have at least $300,000 in liability insurance for recovery activities, and recovery agents acting as independent contractors must have liability of insurance of at least $300,000. A surety or bail fugitive recovery agent must notify local law enforcement of the jurisdiction in which the recovery is to be made. (NRS 597:7-b) UCEA


NJ
Surety can make a civil arrest of the defendant but the defendant must have the same rights and protections as if arrested on a criminal charge. The return of the defendant must be made within 20 days after the action is taken by the court against the surety for non appearance of the principal (NJPS 2A:15-47). UCEA


NM
The surety may at any time apprehend the defendant and return him to the sheriff of the county of jurisdiction along with a certified copy of the order admitting the defendant to bail and a certified copy of the bond. (NMSA 31-3-3) The bondsmanís authority to arrest a principal does not absolve him of criminal responsibility for armed, unauthorized forcible entry into a third partyís residence. (NMSA 31-4-14) UCEA


NV
License required. Since 1997, one must use a bail enforcement agent licensed in Nevada for recovery operations (NRS 697 et seq.). Fugitive recovery can also be done by the bail bond agent (even one from out of state) who bonded out the defendant (NRS 178.526). Qualifications for a bail recovery agent license (NRS 697.173) are: be 21 years of age, high school or GED diploma, pass drug test 30 before application, pass a written exam, an exam by a Nevada licensed psychologist or psychiatrist, no felony, moral turpitude, or drug convictions, and 80 hours of training (NRS 697.177). After making an arrest, the bail enforcement agent must notify the local law enforcement agency of the jurisdiction in which the defendant was apprehended of his identity, the identity of the defendant, and where the defendant is being taken to be surrendered. Before forcibly entering an inhabited dwelling, a bail enforcement agent must notify local law enforcement (NRS 697-325). UCEA


NY
At any time a surety may take a principal into custody at any place in the state and by written authority on a certified copy of the bail bond may empower any person over 20 to do so. (Crim. Proc. Title P, Div, 3, art. 530.80 & 540) UCEA
A 1432 and S 4719 Provide for licensing of bail enforcement.


OH
The surety may at anytime or place arrest the defendant or by written authority on a certified copy of the bond empower any person of suitable age and discretion to do so ( ORSA 2713-22) UCEA


OK
A surety may at any time and place in the state arrest his principal, or by written authority on a certified copy of the undertaking, empower another of suitable age and discretion to do so. (OK S, Title 39.1328 & 1329) (Crim. Proc. 1107). Out of state bounty hunter or bond agent must be accompanied by peace officer or licensed Oklahoma bond agent when seeking to apprehend a fugitive (OK S 1750.14). UCEA


OR
Bounty hunters banned. Oregon is another state outlawing commercial bail. Defendant can only be released from custody on conditional release, deposit bond, or his own recognizance (i.e., no surety bonds). Arrest by a private party is regulated by ORS 133.225. In State v Epps, 585 P.2nd 425 (Or. 1978), the Oregon Supreme Court abolished the broad common law rights of bounty hunters and bond agents, and applied the UCEA to bounty hunters seeking to take defendants over state lines. ORS, Title 56, Ch 731 for insurance. UCEA


PA
The surety upon receiving a bail piece from the court may apprehend the defendant wherever and whenever found (Rules of Crim. Proc. Ch 4016). A bondsman has a right to pursue and arrest the principal in another state. (Key#80 of Penn Digest 2d CA Pa 1971) UCEA
H 931 and S 642 Regulates the practice of bail enforcement.


RI
The surety at any time can surrender his principal to the court or magistrate of jurisdiction. (RIC 12-13-18) UCEA
H 5961 and S 102. Out of state bail recovery agents must notify law enforcement before pick up.

H 5981. Licensing requirement for bail recovery agents.


SC
Free lance bounty hunters banned. The surety may at any time and place arrest the principal, or by written authority of a certified copy of the undertaking, empower anyone of suitable age and discretion to do so. (South Carolina Code of laws, Civil Remedies and Procedures 15-17-740) ((Insurance) 38-53-50 & 60) UCEA does not apply in South Carolina.


SD
Licence required. A surety may arrest a defendant who violates the conditions of his release (SDCL 23A-43-29) ((Insurance) 58-22-1 thru 48). A bail runner must be licensed, and have no felony record (SDCL 58-22-12, 58-22-13) must submit fingerprints (58-22-16) and must pass a written examination. A bond agent must notify the state of the runners they employ (SDCL 58-22-27, 58-22-52). Out of state bail agent or runner must notify local law enforcement where he intends to conduct activities, and present evidence of an out of state license. If he has no license, he cannot conduct search and arrest activities. (58-22-51). UCEA


TN
A bounty hunter cannot have a criminal record, must notify the local police of defendantís location, and present to the police a copy of the warrant, a copy of the bond, and evidence that the bounty hunter has been hired by the bond agent. (TC 40-11-3). The surety may arrest the defendant on a certified copy of the undertaking in any place in the state and by written authority on such a copy empower another to make the arrest (TC 40-11-133) The surety is also entitled to the assistance of the sheriff of any county to make the arrest. The certified copy of the undertaking must be exhibited to the principal upon arrest. (40-11-134) UCEA


TX
The surety can apprehend and surrender the accused at any time. (TS 17.16 (282)(330)(318) also the surety can obtain a warrant to arrest the principal which warrant can be acted upon by a peace officer, security officer, or private investigator licensed in Texas (17.19). A judicial warrant is required to arrest with force (TS 17.19 [Vernon 1977]); see Austin v State 541 S.W.2d 162 (Tex. Cr. App. 1976). UCEA


UT
License required. The surety may arrest the defendant at any time or place in the state. Surrender of the defendant to a peace officer must be accompanied by a duplicate copies of a certified copy of the undertaking. (UC 77-20-8) Bail enforcement agents shall be licensed (53-11-107), be 21 years old, a citizen or legal resident of the US, pass a state background check, complete training, and perform minimum time in the field as an apprentice, a bond agent, or a law enforcement officer. (UC 53-11-108 et seq.). Bail enforcement agents shall identify themselves as such (53-11-122) and not wear law enforcement-like apparel or badges (53-11-121). They shall notify local law enforcement not less than 24 hours before action is taken, when an occupied structure is to entered for arrest, and must carry written documentation as a cause of action (53-11-123). A bond company from outside Utah may hire, under contract, a licensed recovery agent for any needed apprehension within Utah. UCEA
H 174. Concerns bail recovery licenses.


VA
A surety may at any time arrest his principal and surrender him to the court in question. (Code of Virginia 19.2-149) UCEA
H 582. Regulates bail fugitive recovery.


VT
Surety presents a bail piece to a justice of the peace who issues a warrant directing any sheriff or constable in the state to assist the surety in apprehension of the principal. (VS Ch 125, Sec. 3477 and 3484) Also, a surety may arrest and surrender his principal at any time either personally or by agent (Ch 229, Sec. 7562) UCEA


WA
Surety may return defendant to custody. (RCW 10.19.160)

Licensing of bail bond agents. (18.185) UCEA
H 2525. Requires bail recovery agents to be certified by bail bond agency.


WI
Bounty hunters banned. The surety may arrest the principal or by written authority on a certified copy of the bond, empower another to do so. (WS 818.21)(969.14) But WS 969.12 provides that no surety can be compensated for serving as a surety, effectively eliminating the commercial bond market. See Kahn v McCormack, 299 N.W.2nd 279 (Ct. App. 1980)(upholding constitutionality of statute and stating that the purpose of the law is to eliminate the commercial bond industry). UCEA


WV
License required. All "bail bond enforcers" must register with the West Virginia state police. That registration must: (1) identify at least one bail agent for whom the enforcer is authorized to act, (2) include written authorization from that bonding agent, (3) include the enforcerís certified fingerprints, and (4) include one photograph. To register, an enforcer must be at least 21 years of age, a citizen of the US, and have no felony convictions. A bonding agent can grant an ongoing 2-year authorization to an enforcer who is a West Virginia citizen to seek all defendants for whom the bonding agent acts as surety. The bonding agent otherwise can grant a 60-day authorization to an enforcer, in which case the enforcer must notify the state police of the time and place of any proposed actions, and if the enforcer is not a state resident, he also must notify the police the date he will enter the state. Out of state bounty hunters must abide by the same requirements of in-state (including written authorization from a in-state bail agent). An enforcer is to be considered the legal agent of the bail agent. An enforcer cannot: (1) enter an occupied residential structure (i.e. house or apartment) without the consent of the occupants who are then present, (2) arrest a defendant without written authorization from the bondsman, (3) wear or carry any uniform or badge that implies that the enforcer is a state agent or employee (but "may display identification that indicates his or her status as a bail bond enforcer only"), and (4) must exercise due care to protect the safety of third parties. WV H 4481 (Enacted, April 4, 2000)

(WVC 51-10A, 56-3-34)
H 4385. Requires licensing/regulation of bail enforcement agents.


WY
The surety may arrest the principal or by written authority on a certified copy of the bond, empower another to do so. (Rules of Crim. Proc., Rule 46) UCEA


US FEDERAL LAWS: HR 2964. Would make sureties, bondsmen, and recovery agents state actors subject to federal law. S 1083. Mandates Attorney General to develop advisory rules for states to regulate bail fugitive recovery. (This also is included in the Juvenile Justice bills as Sec. 1630 of S 254 and Sec. 1530 of HR 1501.)

Sandra C. Wright -
04-22-2001, 02:30 PM
Thanks for publishing a quick reference to what is required for bounty hunters and bondsmen state by state. There are occassions to travel to other states to apprehend fugitives and find this reference very useful in knowing what the particular state laws are.

I've printed the Summary and appreciate the efforts of IPIU in keeping us updated as to new and changing laws.

Sandra C. Wright -
08-30-2001, 01:24 PM
Originally posted by Anthony Bridgestone
[b]FULL CREDIT GIVEN TO: NABIC

May 1, 2000

State
Sketch of Current Law
Pending Legislation


WA
Surety may return defendant to custody. (RCW 10.19.160)

Licensing of bail bond agents. (18.185) UCEA
H 2525. Requires bail recovery agents to be certified by bail bond agency.


US FEDERAL LAWS: HR 2964. Would make sureties, bondsmen, and recovery agents state actors subject to federal law. S 1083. Mandates Attorney General to develop advisory rules for states to regulate bail fugitive recovery. (This also is included in the Juvenile Justice bills as Sec. 1630 of S 254 and Sec. 1530 of HR 1501.)



Does anyone know of any changes in this law since May 1, 2000? We are aware that we have to work with local authorities.

In particular, extraditing a fugitive from Seattle to Missouri via the public airlines?

Sandra C. Wright -
12-08-2001, 03:02 PM
Should you like to visit the website and take a look at the original Compendium of State Bounty Hunter Laws, please click on the link below.

Compendium of State Bounty Hunter Laws (http://www.nabic.net/compendium.htm)

Richard Trow -
02-20-2002, 08:13 PM
Hi as far as ma. is conserned,what would I have to do.What I see here douse not say mutch.Can you tell me more

admin
02-20-2002, 08:51 PM
Richard,

The above law says this:

MA
The surety to whose exclusive custody the principal is released has legal control over the principal to ensure his appearance. (MGL Ch 276, Sec. 58, Sec. 68, & Sec. 69) The surety can forcibly enter the dwelling of the principal to apprehend him. (Ch 276, Sec. 68) UCEA
H 1481 Bail recovery agents must register with Department of Public Safety prior to a recovery.


Just contact the Department of Public Safety as it suggests. :)

Scarlet DeLos Santos
03-06-2002, 08:44 AM
Hi Sandra,

Reading the forums. Thank you for the site for bounty hunters. It is a good site. It tells you what you need to know.


I may try bounty hunting. I don't know for sure.

Scarlet Delos Santos

Richard L Johnson
05-29-2002, 03:20 PM
Originally posted by Anthony Bridgestone
FULL CREDIT GIVEN TO: NABIC


So what does it mean for Pennsylvania. I don't have a law enforcement background. Would I be allowed to be a Bounty Hunter? What would I need to do? I didn't really understand the paragraph for Pennsylvania.

thanks,

Richard L. Johnson

Legal Affairs
05-30-2002, 11:30 AM
Most bounty hunters work through bail bonding companies under their license. But there are exceptions.

If you're serious, send an email to bounty@ipiu.org to apply for the optional training program or to be sponsored.

Richard L Johnson
05-30-2002, 11:53 AM
Thanks I'll try to see which way I want to go and go from there. I appreciate the fast response. I'm really looking forward to getting into the investigation field.

thanks

Richard L. Johnson

Mark Luppino-
07-21-2002, 07:11 PM
What does that mean for licensing for Bounty Hunters in SC? I did not understand what requirements are necessary.

Robert Donovan
07-22-2002, 09:00 PM
Originally posted by Mark Luppino
What does that mean for licensing for Bounty Hunters in SC? I did not understand what requirements are necessary.
The "surety" is the bounty hunter that is employed by the bailbonds agency. In this case, there are no free-lance bounty hunters. They must be employed by a licensed bondsman.

Omar Castro
02-07-2003, 12:03 AM
That list is now my reference point and will be using it alot, thank you for putting the time and effort into it.

Jackie Herren
03-01-2003, 11:03 PM
This a very useful forum. I learned that Illinios doesn't allow bounty hunters, so how does a bailbondsman handle a skip that is in Illinios. Especially when the skip is from another state?

Jay Williams
03-20-2003, 04:15 PM
I HAVE BEEN ASKING QUESTIONS ABOUT BOUNTY HUNTING FOR THE PAST 2 YEARS . NOW THAT I'M A MEMBER OF IPIU I'M SURE I'LL GET AN EDUCATED ANSWER . I LIVE IN THE STATE OF MARYLAND . IT WAS SAID, I NEEDED TO TAKE A 3 DAY CLASS AT A COMMUNITY COLLEGE IN ORDER TO BE ABLE TO WORK AS A BOUNTY HUNTER . IS IT POSSIBLE TO BE SPONSERD BY IPIU TO GET THE LICENCE THAT I NEED ? AND WILL I BE PLACED WITH A COMPANY THAT HANDLES BAIL BONDS BY IPIU ? I JUST MAILED MY CODE OF ETHICS AND I NEED TO KNOW WICH WAY I'LL BE MOVING IN THE NEAR FUTURE .

THANK YOU:confused:

May K. Toney
07-20-2003, 11:21 AM
Thank you so much, Anthony, for the time and effort to post this information. This is definitely a keeper.

Kathleen Padgett
07-21-2003, 11:23 AM
It's fantastic to have a summary for all states all on one page. Thanks for taking the time to compile this very useful reference material. It's great to know the state by state requirements beforehand and helps to prepare us for credentials needed.

Diane Jarosz
08-07-2003, 10:03 AM
Thank You for the information!
This was a wonderful resourceful bit of info.

DJ

Brian G Russell--
08-13-2003, 09:20 AM
Thank's,


Very informative, doing my best to understand all of this info.

Roy Leech
09-22-2003, 05:53 PM
Thanks Anthony That's what I was looking for!!

R.Leech

Sunya N. Nardo--
10-02-2003, 04:04 PM
Aloha!



Can someone help me clarify what this means?



HI
The surety may at any time surrender the principal (HRS 804-14) (HRS (Insurance) 431:1-210) UCEA




Aloha & Thank You for your help in advance,


Sunya:) :cool:

Sunya N. Nardo--
10-07-2003, 04:43 AM
Aloha!
ADMIN/MOD


Can someone help me clarify what this means?



HI
The surety may at any time surrender the principal (HRS 804-14) (HRS (Insurance) 431:1-210) UCEA




Aloha & Thank You for your help in advance,


Sunya

:confused:

David Leonard
12-22-2003, 09:18 PM
Thank you for the information on Bounty Hunter's.

Tina Ingram
12-29-2003, 08:20 PM
very informative and helpfull topic thanks Tina

Barbara Hardin -
01-22-2004, 04:17 PM
Two states that I have been interesting in is IL. and TX. Thank you for publishing this information on the requirement of bounty hunters. Wanted to know what states, would except you there. Will print the information for future reference.

Raymond Fogle
02-08-2004, 07:55 PM
Originally posted by Sandra C. Wright
Should you like to visit the website and take a look at the original Compendium of State Bounty Hunter Laws, please click on the link below.

Compendium of State Bounty Hunter Laws (http://www.nabic.net/compendium.htm)

I noticed that the site listed above appears to be out of date. I have posted another link here which takes you to a main page with various state information if anyone needs it.

Overview of State Bounty Hunter Laws (http://www.americanbailcoalition.com/new_html/state_laws_.htm)

Hope this helps everyone who is interested.

Ray

Julie Mercer -
06-08-2004, 09:19 AM
The "surety" is the bounty hunter that is employed by the bailbonds agency. In this case, there are no free-lance bounty hunters. They must be employed by a licensed bondsman.

In Ohio, I have heard that the bail bondsmen are coming under some scrutiny regarding force used while apprehending the bail jumpers. Has anyone heard anything regarding this subject?

Curious :confused:

Julie Mercer

Flora Porter
06-19-2004, 02:58 PM
Thanks Anthony,

A Summary of All State Laws
US FEDERAL LAWS

Thanks for this useful information on the bondsmen.

Flora

Vincent Sasso--
08-05-2004, 05:13 PM
Thanks for the information on bondsman in the state of PA and all the others, in fact it gives a great heads-up on entering another state that may require a license.

Steve McAtee
08-11-2004, 07:06 PM
I am also interested in Bounty Hunting and would love any information I can gain based on Kansas and Missouri law.

Frederick Budde
08-18-2004, 09:07 AM
In Ohio, I have heard that the bail bondsmen are coming under some scrutiny regarding force used while apprehending the bail jumpers. Has anyone heard anything regarding this subject?

Curious :confused:

Julie Mercer

Julie;
Not just in Ohio. Many States are looking into the use of "unreasonable" force by recovery agents, and some States are insisting on having police accomapny recovery agents. Check with the local authorities for further information.

Gary Eads
08-19-2004, 12:42 PM
The use of unreasonable force is very abused in California,I personally think it is somewhat embelished in light of some of the reports. However, having been a former police officer I know you have to be very careful dealing with people inorder to protect yourselves from legal law suites.So to all be careful with any hands on situations.

Omar Castro
09-08-2004, 02:08 PM
The Uniform Criminal Extradition Act (UCEA) treats of the recovery of fugitives across state lines. It is a procedure whereby fugitives who have committed a crime in a state, can be returned from their current state to that where the offense was committed. Though extradition is a government function, the UCEA constrains the traditional practice of bail fugitive recovery across state lines. Under the UCEA, a private person can arrest a fugitive accused of a crime in another state for which the punishment is at least one year of confinement. However, the accused must be brought before a judge or magistrate within 24 hours of arrest, whereupon he will be confined to allow for formal extradition process from the requesting state. All states, but two, Missouri and South Carolina, and two territories have adopted the UCEA. Since the late 80's, courts have said that UCEA also applies to bail fugitives.

50 STATE FUGITIVE RECOVERY 50 STATES CURRENT LAWS.
Pending & New Laws

Alaska
Alaska permits arrests to be made by private persons (AS 12.12.010, 12.25.030) and the surety may personally arrest the defendant for surrender before final charging (AS 09.40.200). NO LICENSE REQUIRED

Alabama
Alabama gives wide latitude to bondsmen to arrest their principals. (Code of Alabama 15-13-62) The bondsman can authorize another to apprehend the fugitive by endorsing a certified copy of the undertaking (15-13-117). The bondsman or his agent can pursue the principal anywhere in the state, must possess a certified copy of the bond, must clearly identify himself and his purpose, and can enter a dwelling for this purpose. The principal has to be surrendered to the sheriff of the county of jurisdiction. (15-13-63). An out of state bondsman shall have a certified copy of the undertaking when apprehending the principal (15-13-124).
NO LICENSE REQUIRED

H 593 would prohibit fugitive recovery near a school or child care facility.



Arkansas
Nobody can represent himself as a bounty hunter or bail recovery agent in Arkansas. Only a licensed private investigator, a person under his direct supervision, a licensed bondsman from the state where the bond was issued, and sworn peace officers can arrest bail fugitives. Such persons must be at least 21 years of age and have no felony record. Bondsman must notify local law enforcement of his presence, the name and charges and suspected location of the defendant. Violation is a class D felony. (Arkansas Code of 1999, 16-84-114).
H 2222 defines who can recover bail fugitives. Enacted 05APR01



Arizona
License required. A surety may empower a bail recovery agent to arrest a defendant (ARSA 20-282.10). The bail recovery agent may not enter a residence without permission, nor make an arrest without written authorization from an Arizona licensed bail bondsman, nor wear law enforcement- like apparel. The recovery agent must identify himself as such. Out of state bondsmen must contract for a recovery agent through an Arizona bondsman. Bondsman must report in writing to DOI name of recovery agent. Violation is a class 5 felony. (ARSA 13-3885). A recovery agent must submit to the DOI triennially a new set of fingerprints for a criminal background check. He cannot have been convicted of a felony or an offense using a dangerous weapon. (ARSA 20-323) LICENSE REQUIRED



California
License required. In September 1999, A 243, the Bail Fugitive Recovery Persons Act, was passed which added section 1299 to the Penal Code. This law provides for the regulation of bail fugitive recovery persons, defined as a person given written authorization by a bail or depositor of bail and contracted to investigate, surveil, locate, and arrest a bail fugitive and any person employed to assist the bail or depositor of bail to do same. The law requires that the bail fugitive recovery person be at least 18 years old and complete 2 power of arrest courses. This law requires that a person authorized to apprehend a bail fugitive notify local law enforcement of his intent to apprehend 6 hours prior. This law prohibits a bail fugitive recovery person from forcibly entering a premises for that purpose except pursuant to certain existing provisions of law governing arrest by a private person. Any person authorized to apprehend a bail fugitive is required to carry certification of completion of required courses and training programs, and shall not wear a badge or law enforcement type apparel, not carry a firearm or weapon except in compliance with state law. Violation of this statute is a misdemeanor. The law remains in effect only until January 1, 2005 subject to another statute deleting or extending that date. (Penal Code, Part 2, Title 10, Chapter 1, Article 5.5, Section 1299 and Insurance Code, Section 1810.7) In addition, a bounty hunter or bond agent who captures a defendant in California must go through extradition procedures to transport him interstate. [CA Penal Code 847.5 (1995 West); Ouzts v Maryland Natíl Ins.Co. 505 F.2d 547 (9th Cir. 1974)]. After an arrest of a defendant on bail, the surety must deliver him to the court or the police within 48 hours if it occurs in California. If it occurs out of state, the surety must deliver the defendant within 48 hours of returning to California. (CA Penal Code 1301). LICENSE REQUIRED



Colorado
A surety with a certified copy of the bond may apprehend the defendant. (CRSA 16-4-108) A surety is prohibited from contracting with a bail recovery person, guilty of a felony within the last 15 years, or who has not been trained in bail recovery practices. A recovery agent must submit fingerprints to the Colorado Bureau of Investigation, undergo a background check (12-17-105.5), and receive verification of a certificate of completion of the Peace Office Standards and Training Board (POST) bail recovery course. Bail recovery personnel must also have fingerprints on file with local police or sheriff. (12-7-101 et seq.)


Connecticut
License required. Before apprehending a principal, a professional bondsman (licensed under CT Special and Public Acts, Ch 533), a surety bond agent (licensed under Ch 700f) or a bail enforcement agent (licensed under CGSA Sec 29-152 (f) to (l)) must notify law enforcement of the jurisdiction in which the principal is thought to be (29-152(k)). Under (Sec 29-152 (f) to (l)) bail recovery personnel are not allowed to wear law enforcement-like apparel or badges (29-152(l)), and if firearms are carried a permit is required (29-152(m)). License requires training (20 hours) and background checks. No felony record allowed. Police officers are forbidden from being bounty hunters. Violation is punished by a fine not over $1,000 and/or two years in jail and permanent loss of license (29-152(n)). LICENSE REQUIRED





H 5726. Clarifies licensing standards, conduct provisions, etc.
DC- District of Columbia
The District is hostile both to commercial bail and to bounty hunters. A Maryland bail agent recently entered DC to pick up a fugitive and first called for police back up. The police arrested him for possession of a firearm, and let the fugitive go because the warrant in the bondsmanís possession had not been entered into NCIC. (DCCode 23) WARNING!

BAIL AGENTS NOT ALLOWED TO ARREST FUGITIVES



Delaware
A surety can apprehend and surrender his principal. (X. General provisions. Rule 46.) H 176 requires bail enforcement agents to have a license & register with Department of Public Safety



Florida
Free lance bounty hunters banned. Does not allow bounty hunters. Fugitives can only be recovered by those to whom they are bonded out. One cannot make an arrest on an out of state bond unless the person is licensed in the state or the state where the bond was written. Violation of the statute is a 3rd class felony. (Florida Statutes 648.30 (2)(3)). READ CAREFULLY


Georgia
As of 01 July 1999, in Georgia, arresting agent must be at least 25, possess a Georgia firearms permit (if carrying), be a US citizen, if out of state from a state that has no licensing/training requirements, must contract a Georgia licensed agent, no law enforcement style apparel, must carry ID from bondsman with physical description and bondsmanís signature, notification to local authorities required by phone or fax if pick up is in private home (not required if apprehension is in public). (OCGA 17-6-50 through 58)


Hawaii
The surety may at any time surrender the principal (HRS 804-14) (HRS (Insurance) 431:1-210)
Iowa


License required. Bounty hunters must be licensed and notify local police of a defendantís location before making an arrest. (IA CODE 80A.3). A victim can sue a bail bond agent as well as the bounty hunter for misconduct. (IA CODE 80A.16A) A bounty hunter cannot enter the home of or use force against an innocent third party. (State v McFarland, 598 N.W.2nd 318 (Iowa Ct. App. 1999)). In Iowa, the surety, subject to the limitations of IA CODE 80A, may at any time arrest the defendant at any place in the state and by written authority on a certified copy of the undertaking may empower any person of suitable age and discretion to do so. (IA CODE 811.8) UCEA LICENSE REQUIRED



Idaho
The surety may at any time arrest the defendant at any place in Idaho (IS 8-111) and by written authority on a certified copy of the undertaking may empower any person of suitable age and discretion to do so. (19-2925) UCEA


Illinois
Bounty hunters banned. Illinois is a state unfriendly to commercial bail. A statute was enacted in 1963 designed to eliminate the commercial bail bond industry. See Schlib v Kuebel, 264 N.E.2nd 377, 380 (Ill. 1970), affíd 404 U.S. 357 (1971); Ill. Stat. Ch. 725 Sec.s 5/110-7, 5/110-8. "No bail bondsman from any state may seize or transport unwillingly any person found in this State who is allegedly in violation of a bail bond posted in some other state." Ill. Stat. Ch. 725 Sec. 5/103-9. "WARNING"

IL. DOES NOT ALLOWED OUT OF STATE PICK UP


Indiana
License required. A surety, or a person authorized by him with a certified copy of the undertaking, may apprehend a principal in any county in the state (IC 35-1-22-7). Recovery agents must be licensed (IC 27-10-3-1(1997). To obtain a license, recovery agents must be at least 18, a citizen of the US, a resident of IN for at least 6 months, 10 years since a felony conviction, 5 years since a misdemeanor. (IC 27-10-3-5.) They must pass an examination given by the state. (IC 27-10-3-6). Recovery agents must notify the sheriff in their respective locales of their residence (IC 27-10-3-17) and bail bond agents must give the state a list of recovery agents they employ (IC 27-10-3-14). Forcible entry into a private dwelling of a third party to arrest the principal is prohibited (IC 35-33-1-4) (IC 27-10-2-7) Mishler v State, 660 N.E.2nd 343 (Ind App. 1996). LICENSE REQUIRED



Kansas
The surety , or a person authorized by the surety, may arrest the defendant to be delivered to the county in which he is charged. (KS 22-2809)
Kentucky


Bounty hunters banned. No bail bondsman or his agent can arrest, detain, and remove from the state a bail fugitive unless a warrant has been issued for the defendant (KRS 440.270(2)). To get the warrant, a "credible" person has to appear before a judge, the judge has to issue it, and the arrest must be made by a peace officer. Defendant then answers the charge before a judge in the county in which he was arrested (KRS 440.270(1). Kentucky expressly outlaws the commercial bail bond industry. KRS 431.510 (outlawing commercial bail bond industry); See Stephens v Bonding Assoc. Of Kentucky, 538 S. W.2nd 580 (Ky 1976) (upholding statute).UCEA. WARNING!



Louisiana
License required. All recovery agents must be licensed by DOI. There are education requirements to obtain and keep license. Out of state recovery personnel must contract with a bail agent licensed in Louisiana. Recovery personnel required to wear apparel identifying bail bond company during apprehension or surrender in a private residence. For apprehension in a private residence, notification of local law enforcement required. (LAC Title 37, Part XIII, Ch. 49, Reg 65, Sec. 4901 et seq.) LICENSE REQUIRED



Maine
The surety to whose exclusive custody the principal is released has legal control over the principal to ensure his appearance. (MGL Ch 276, Sec. 58, Sec. 68, & Sec. 69) The surety can forcibly enter the dwelling of the principal to apprehend him. (Ch 276, Sec. 68) H 1481 Bail recovery agents must register with Department of Public Safety prior to a recovery.


Maryland
The surety can surrender the principal. (Rule 4-217, Section (h)(2) and (I)(3)(Annotated Code of MD, Art. 41, Ch.2) H 912 would require licensing for recovery agents.


Massachusetts
The surety is responsible for the principalís appearance at all times before the verdict, and the defendantís compliance with conditions of release (15 MRS 105A-1072).
Michigan


The surety may arrest the principal and is entitled to the assistance of law enforcement (MCL 765.26).


Minnesota
The surety has the authority and right to arrest the principal (MS 625.18), or cause him to be arrested. He must give notice to the sheriff before apprehension (629.63). UCEA
Missouri


The surety or any person authorized by him may with a copy of the recognizance apprehend the principal in any county of the state. (MRS Title 37, Ch. 544.600) UCEA does not apply in Missouri. S 246 (Sec. 374.782 to 374.789) Bill regulating licensing of bail recovery agents.

H 853/S 560 allows recovery agents to carry concealed weapons


Mississippi
License required. Bail enforcement agents must be licensed and be at least 21 years of age, a resident of MS for at least one year, and have no felony record (MS Code 83-39-3). A surety may before final judgement arrest the principal anywhere or authorize another to do so. (MS Code 99-5-27) A surety, by presenting a certified copy of the bond, can request law enforcement to arrest the principal. The surety must accompany the officer to receive the principal. (99-5-29) UCEA LICENSE REQUIRED


Montana
The surety may at any time arrest the defendant or by written authority on a certified copy of the undertaking empower any person of suitable age and discretion to do it. (MCA, 46-9-205 & 510) UCEA


North Carolina Free lance bounty hunters banned. The surety may take the principal into custody at any time or place or by written authority on a certified copy of the undertaking request any judicial officer to arrest the principal (NCGS Ch 85C-7) ((Insurance) 58-71-25&30, 1-434) or by written authority on a certified copy of the undertaking empower any person over 21 to do so. Bounty hunters can only work for one bonding company (NCGS 58-71-65)[1996] Bondsmen and runners cannot enter the homes of third parties to apprehend a fugitive. (State v Mathis, 509 S.E.2nd 155 (N.C. 1998)) UCEA WARNING!



North Dakota A surety may arrest the defendant before the forfeiture of the undertaking, or by written authority on a certified copy of the undertaking, empower a peace officer to make the arrest. (NDCC( Insurance) 26.1-26.6-07) (29-08-20) (NDR Crim. Proc., Rule 46) UCEA


Nebraska
The surety may at any time before judgment seize the defendant for surrender to the sheriff of the county in question. (NS 29-906) UCEA


New Hampshire Recovery agents must be trained and certified through a program approved by the Professional Bail Agents of the US, and register with the Secretary of State who will issue proof of registration. Bail agency must have at least $300,000 in liability insurance for recovery activities, and recovery agents acting as independent contractors must have liability of insurance of at least $300,000. A surety or bail fugitive recovery agent must notify local law enforcement of the jurisdiction in which the recovery is to be made. (NRS 597:7-b) UCEA H 657 Prohibits convicted felons from being a recovery agents.


New Jersey Surety can make a civil arrest of the defendant but the defendant must have the same rights and protections as if arrested on a criminal charge. The return of the defendant must be made within 20 days after the action is taken by the court against the surety for non appearance of the principal (NJPS 2A:15-47). UCEA


New Mexico The surety may at any time apprehend the defendant and return him to the sheriff of the county of jurisdiction along with a certified copy of the order admitting the defendant to bail and a certified copy of the bond. (NMSA 31-3-3) The bondsmanís authority to arrest a principal does not absolve him of criminal responsibility for armed, unauthorized forcible entry into a third partyís residence. (NMSA 31-4-14) UCEA


Nevada
License required. Since 1997, one must use a bail enforcement agent licensed in Nevada for recovery operations (NRS 697 et seq.). Fugitive recovery can also be done by the bail bond agent (even one from out of state) who bonded out the defendant (NRS 178.526). Qualifications for a bail recovery agent license (NRS 697.173) are: be 21 years of age, high school or GED diploma, pass drug test 30 before application, pass a written exam, an exam by a Nevada licensed psychologist or psychiatrist, no felony, moral turpitude, or drug convictions, and 80 hours of training (NRS 697.177). After making an arrest, the bail enforcement agent must notify the local law enforcement agency of the jurisdiction in which the defendant was apprehended of his identity, the identity of the defendant, and where the defendant is being taken to be surrendered. Before forcibly entering an inhabited dwelling, a bail enforcement agent must notify local law enforcement (NRS 697-325). UCEA LICENSE REQUIRED


New York At any time a surety may take a principal into custody at any place in the state and by written authority on a certified copy of the bail bond may empower any person over 20 to do so. (Crim. Proc. Title P, Div, 3, art. 530.80 & 540) UCEA
A 1432 (enacted 21 NOV 00) and S4719C
Provide for licensing of bail enforcement. in New York State

Dept.of State Division of Licensing Services



Ohio
The surety may at anytime or place arrest the defendant or by written authority on a certified copy of the bond empower any person of suitable age and discretion to do so ( ORSA 2713-22) UCEA H 730 provides for the regulation of bail recovery operations. Enacted 05JAN01


Oklahoma
A surety may at any time and place in the state arrest his principal, or by written authority on a certified copy of the undertaking, empower another of suitable age and discretion to do so. (OK S, Title 39.1328 & 1329) (Crim. Proc. 1107). Out of state bounty hunter or bond agent must be accompanied by peace officer or licensed Oklahoma bond agent when seeking to apprehend a fugitive (OK S 1750.14). UCEA H 1786/S 445 Regulates bail recovery agents


Oregon
Bounty hunters banned. Oregon is another state outlawing commercial bail. Defendant can only be released from custody on conditional release, deposit bond, or his own recognizance (i.e., no surety bonds). Arrest by a private party is regulated by ORS 133.225. In State v Epps, 585 P.2nd 425 (Or. 1978), the Oregon Supreme Court abolished the broad common law rights of bounty hunters and bond agents, and applied the UCEA to bounty hunters seeking to take defendants over state lines. ORS, Title 56, Ch 731 for insurance. UCEA WARNING!



Pennsylvania
The surety upon receiving a bail piece from the court may apprehend the defendant wherever and whenever found (Rules of Crim. Proc. Ch 4016). A bondsman has a right to pursue and arrest the principal in another state. (Key#80 of Penn Digest 2d CA Pa 1971)


Rhode Island The surety at any time can surrender his principal to the court or magistrate of jurisdiction. (RIC 12-13-18)


South Carolina Free lance bounty hunters banned. The surety may at any time and place arrest the principal, or by written authority of a certified copy of the undertaking, empower anyone of suitable age and discretion to do so. (South Carolina Code of laws, Civil Remedies and Procedures 15-17-740) ((Insurance) 38-53-50 & 60) UCEA does not apply in South Carolina. WARNING:

NO BAIL AGENTS ONLY BONDSMEN


South Dakota
Licence required. A surety may arrest a defendant who violates the conditions of his release (SDCL 23A-43-29) ((Insurance) 58-22-1 thru 48). A bail runner must be licensed, and have no felony record (SDCL 58-22-12, 58-22-13) must submit fingerprints (58-22-16) and must pass a written examination. A bond agent must notify the state of the runners they employ (SDCL 58-22-27, 58-22-52). Out of state bail agent or runner must notify local law enforcement where he intends to conduct activities, and present evidence of an out of state license. If he has no license, he cannot conduct search and arrest activities. (58-22-51). LICENSE REQUIRED


Tennessee
A bounty hunter cannot have a criminal record, must notify the local police of defendantís location, and present to the police a copy of the warrant, a copy of the bond, and evidence that the bounty hunter has been hired by the bond agent. (TC 40-11-3). The surety may arrest the defendant on a certified copy of the undertaking in any place in the state and by written authority on such a copy empower another to make the arrest (TC 40-11-133) The surety is also entitled to the assistance of the sheriff of any county to make the arrest. The certified copy of the undertaking must be exhibited to the principal upon arrest. (40-11-134) S 221 Bondsman liable for damage if address is wrong.


Texas
The surety can apprehend and surrender the accused at any time. (TS 17.16 (282)(330)(318) also the surety can obtain a warrant to arrest the principal which warrant can be acted upon by a peace officer, security officer, or private investigator licensed in Texas (17.19). A judicial warrant is required to arrest with force (TS 17.19 [Vernon 1977]); see Austin v State 541 S.W.2d 162 (Tex. Cr. App. 1976). H 1848 Only a licensed PI or the bail bond surety can do recovery work.


Utah
License required. The surety may arrest the defendant at any time or place in the state. Surrender of the defendant to a peace officer must be accompanied by a duplicate copies of a certified copy of the undertaking. (UC 77-20-8) Bail enforcement agents shall be licensed (53-11-107), be 21 years old, a citizen or legal resident of the US, pass a state background check, complete training, and perform minimum time in the field as an apprentice, a bond agent, or a law enforcement officer. (UC 53-11-108 et seq.). Bail enforcement agents shall identify themselves as such (53-11-122) and not wear law enforcement-like apparel or badges (53-11-121). They shall notify local law enforcement not less than 24 hours before action is taken, when an occupied structure is to entered for arrest, and must carry written documentation as a cause of action (53-11-123). A bond company from outside Utah may hire, under contract, a licensed recovery agent for any needed apprehension within Utah. LICENSE REQUIRED



Virginia
A surety may at any time arrest his principal and surrender him to the court in question. (Code of Virginia 19.2-149) H 582/H 2569. Regulates bail fugitive recovery.


Vermont
Surety presents a bail piece to a justice of the peace who issues a warrant directing any sheriff or constable in the state to assist the surety in apprehension of the principal. (VS Ch 125, Sec. 3477 and 3484) Also, a surety may arrest and surrender his principal at any time either personally or by agent (Ch 229, Sec. 7562)


Washington
Surety may return defendant to custody. (RCW 10.19.160)
Licensing of bail bond agents. (18.185)
H1482. Similar to CA requirements.

Wisconsin
Bounty hunters banned. The surety may arrest the principal or by written authority on a certified copy of the bond, empower another to do so. (WS 818.21)(969.14) But WS 969.12 provides that no surety can be compensated for serving as a surety, effectively eliminating the commercial bond market. See Kahn v McCormack, 299 N.W.2nd 279 (Ct. App. 1980)(upholding constitutionality of statute and stating that the purpose of the law is to eliminate the commercial bond industry). WARNING!



West Virginia License required. All "bail bond enforcers" must register with the West Virginia state police. That registration must: (1) identify at least one bail agent for whom the enforcer is authorized to act, (2) include written authorization from that bonding agent, (3) include the enforcerís certified fingerprints, and (4) include one photograph. To register, an enforcer must be at least 21 years of age, a citizen of the US, and have no felony convictions. A bonding agent can grant an ongoing 2-year authorization to an enforcer who is a West Virginia citizen to seek all defendants for whom the bonding agent acts as surety. The bonding agent otherwise can grant a 60-day authorization to an enforcer, in which case the enforcer must notify the state police of the time and place of any proposed actions, and if the enforcer is not a state resident, he also must notify the police the date he will enter the state. Out of state bounty hunters must abide by the same requirements of in-state (including written authorization from a in-state bail agent). An enforcer is to be considered the legal agent of the bail agent. An enforcer cannot: (1) enter an occupied residential structure (i.e. house or apartment) without the consent of the occupants who are then present, (2) arrest a defendant without written authorization from the bondsman, (3) wear or carry any uniform or badge that implies that the enforcer is a state agent or employee (but "may display identification that indicates his or her status as a bail bond enforcer only"), and (4) must exercise due care to protect the safety of third parties. WV H 4481 (Enacted, April 4, 2000)(WVC 51-10A, 56-3-34) LICENSE REQUIRED



Wyoming
The surety may arrest the principal or by written authority on a certified copy of the bond, empower another to do so. (Rules of Crim. Proc., Rule 46)
Disclaimer

The above is a brief summary of Laws regarding Bail laws by state. Every state has regulatory bodies and courts, the rules and decisions of which affect the statutes passed by state legislatures. While this document attempts to be completely accurate, at almost any moment during the working day, a state department of insurance or court can issue a directive which would change the material below. NPBHS.com wants to provide the most accurate and up to date information available, but there is no substitute for a person doing business in a jurisdiction to find out what the current law and practice is. Indeed, it is that personís professional responsibility. Know your stateís bail fugitive laws and regulations.

Julie Mercer -
09-08-2004, 03:15 PM
Omar,
THANKS! Now, that is comprehensive!
Julie

Michelle Adams
10-09-2004, 09:26 PM
Thank you for the information. As for Ohio, what are the requirements. I have called several office here, but no one can give me a straight answer. Any help will be appreciated. Regards, Michelle

Gary Eads
10-09-2004, 10:09 PM
Thanks Omar, this is very good to know.

Victoria S Kinney
10-28-2004, 05:32 PM
I just wanted to say thank you for all the very informative information on the state laws, I was wondering if anything has changed regarding the laws in California? I printed this information out for further reference.

Irene Smith
10-28-2004, 07:55 PM
I was wondering if anything has changed regarding the laws in California?

Thank You for this information. ;)

It looks like the California licensing law expires on January 1st, 2005, when I assume it will be updated or renewed.

As a female I am more interested in the investigation/location part of the job rather than the actual apprehension due to the danger. However, if I was hooked up with a very experienced team that I trusted with my life, I would consider it.

Irene Smith

Anthony B Lamberson
10-28-2004, 11:48 PM
i need help with the section 3 of the test and how to study for it

Vincent Sasso--
10-29-2004, 05:22 PM
i need help with the section 3 of the test and how to study for it


Just keep reading the books that came with the Bounty Hunters Library, they all have the information you are looking for in the test. Good Luck!

Lynn Bailey
11-01-2004, 02:52 PM
I am from Indiana. This information was helpful and easy to find!

Mr Curtis Johnson
03-18-2005, 06:10 AM
Thank you for providing this information. It will be very helpful in interstate bail enforcement activities.

Jackie R Rutherford
06-20-2005, 11:51 AM
Thanks for providing the information on bounty hunters.

Hugh Brown Jr
11-08-2005, 02:49 PM
If I understand then are you saying that a Bondmen can make a arrest?

Jerry Hargrove -
06-22-2006, 02:53 PM
Thanks for the summaries. Everyday I am impressed with the amount of information, wisdom, and generosity of the members of this organization. I am so glad I joined.

Jon Goldner
07-26-2008, 12:06 AM
Incredible summary! Where were you when I was in school?!

Roberto Zamora -
07-26-2008, 01:32 AM
So if you are hired by a firm, insurance company or p.i you do not need a p.i license yourself right? What if someone wants to hire you without going through those people?

Donna Reagan
07-26-2008, 01:53 PM
So if you are hired by a firm, insurance company or p.i you do not need a p.i license yourself right? What if someone wants to hire you without going through those people?
Hello Roberto,

Because you purchased a Management Union Membership the other day, you now have more benefits available to you instead of non-members. One of those benefits is the preplacement with agencies who will accept you as a Member in Good Standing from IPIU. Make sure you complete the items in your Level 3 Benefits link that was given you here:
http://www.ipiu.org/forums/showthread.php?p=467314#post467314

Once you complete the instructions, then you will have access to all of the Level 4 areas where having a state issued PI License is not always required in your home state. And if you wish to obtain your state PI License, you will have access to one-on-one help.

Donna