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22-2809a
Chapter 22.--CRIMINAL PROCEDURE
KANSAS CODE OF CRIMINAL PROCEDURE
Article 28.--CONDITIONS OF RELEASE
22-2809a. Surety or agent thereof; certain felonsdisqualified to act as; notice of intent to apprehend fugitive; violations,penalties.(a) As used in this section: (1) "Surety" means a person or commercial surety,other than a defendant in a criminal proceeding, that guarantees the appearanceof a defendant in a criminal proceeding, by executing an appearance bond;

(2) "agent of a surety" means a person not performing the duties of a lawenforcement officer who tracks down, captures and surrenders to the custody ofa court a fugitive who has violated a surety or bail bond agreement.

(b) Any surety or agent of a surety, commonly referred to as a bounty hunter,who intends to apprehend any person in this state pursuant to K.S.A. 22-2809and amendments thereto, or under similar authority from any other state, shallinform law enforcement authorities in the city or county in which such suretyor agent of a surety intends such apprehension, before attempting suchapprehension. The surety or agent of a surety shall present to the local lawenforcement authorities a certified copy of the bond, a valid government-issuedphoto identification, written appointment of agency, if not the actual surety,and all other appropriate paperwork identifying the principal and the person tobe apprehended. Local law enforcement may accompany the surety or agent.

(c) No person who, within the past 10 years, has been convicted, in this orany other jurisdiction, of a person felony, may act as a surety or as an agentof a surety.

(d) Violation of this section is a class A nonperson misdemeanor for thefirst conviction of a violation and a severity level 9, nonperson felony upon asecond or subsequent conviction of a violation.

History: L. 2004, ch. 108, § 1; July 1.

http://statutes.laws.com/kansas/chapter ... utes_12337

Author:	tcopple78 [ Wed 01 Feb 2012 12:26 ]
Post subject:	was wondering
law enforcement can moonlight in the bail recovery in Kansas?

Author:	DMARTZ [ Wed 01 Feb 2012 12:40 ]
Post subject:	Re: was wondering
Most states say no to this as LE has control of prisoners and could use their position as a LE to gain business.

Author:	tcopple78 [ Wed 01 Feb 2012 12:46 ]
Post subject:	Re: was wondering
I was going to call my local PD but I didn't want to sound like an idiot.

Author:	tsuggs [ Wed 01 Feb 2012 15:04 ]
Post subject:	Re: was wondering
This may have been covered in general before on another thread. Always the big question that comes down is, is the LEO acting as a private citizen or a state actor when performing his or her duties as a bail recovery agent? Are they in uniform? Did they use department resources to locate the skip?

Author:	tcopple78 [ Wed 01 Feb 2012 15:09 ]
Post subject:	Re: was wondering
It was talked about, bun not answered. I am just trying to get back to work.

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Author:	Eric [ Wed 01 Feb 2012 20:43 ]
Post subject:	Re: was wondering
I have two friends that are police officers in Nassau and Suffolk Counties on Long Island NY. I know thier departments do not allow them to do bail enforcment. I am not sure of the state laws regarding this though.

Author:	Mdbtyhtr [ Wed 01 Feb 2012 21:09 ]
Post subject:	Re: was wondering
I have worked with sworn LE every year around Christmas time, they go ghost the rest of the year! Their departments do not allow them to work in our field because the semblance of impropriety should they get paid for private actions on something that should have been completed on the LE job. There is the other issue of access to data not available to the general public and the potential loss of that access for the entire department should that be discovered. FYI, the guys that regularly work with me do not hunt in their jurisdiction. Scott

Author:	KARMA [ Wed 01 Feb 2012 21:33 ]
Post subject:	Re: was wondering
Quote: 22-2809a Chapter 22.--CRIMINAL PROCEDURE KANSAS CODE OF CRIMINAL PROCEDURE Article 28.--CONDITIONS OF RELEASE 22-2809a. Surety or agent thereof; certain felonsdisqualified to act as; notice of intent to apprehend fugitive; violations,penalties.(a) As used in this section: (1) "Surety" means a person or commercial surety,other than a defendant in a criminal proceeding, that guarantees the appearanceof a defendant in a criminal proceeding, by executing an appearance bond; (2) "agent of a surety" means a person not performing the duties of a lawenforcement officer who tracks down, captures and surrenders to the custody ofa court a fugitive who has violated a surety or bail bond agreement. (b) Any surety or agent of a surety, commonly referred to as a bounty hunter,who intends to apprehend any person in this state pursuant to K.S.A. 22-2809and amendments thereto, or under similar authority from any other state, shallinform law enforcement authorities in the city or county in which such suretyor agent of a surety intends such apprehension, before attempting suchapprehension. The surety or agent of a surety shall present to the local lawenforcement authorities a certified copy of the bond, a valid government-issuedphoto identification, written appointment of agency, if not the actual surety,and all other appropriate paperwork identifying the principal and the person tobe apprehended. Local law enforcement may accompany the surety or agent. (c) No person who, within the past 10 years, has been convicted, in this orany other jurisdiction, of a person felony, may act as a surety or as an agentof a surety. (d) Violation of this section is a class A nonperson misdemeanor for thefirst conviction of a violation and a severity level 9, nonperson felony upon asecond or subsequent conviction of a violation. History: L. 2004, ch. 108, § 1; July 1. http://statutes.laws.com/kansas/chapter ... utes_12337 http://statutes.laws.com/kansas/chapter22/article28

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