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Senate Bills 820 and 821
Contact: Office of Policy and Legislative Affairs
Agency: Labor & Economic Growth
Summary
Introduced by: Senator Van Regenmorter
Topic: Bail Recovery Agent Regulation Act
Senate Bill 820 provides for the licensing of bail recovery agents in addition to setting guidelines that agents must comply with in order to retain their licensed status. An individual may not act as a bail recovery agent unless properly licensed by the Department of Consumer and Industry Services. In order to be granted a license by the department, an individual must be 18 years old, show proof of issuance of a bond, supply fingerprints, and pay the yearly license fee. Upon completion of the preceding requirements, the applicant will be given a picture identification card to be renewed on a yearly basis. If the coverage is canceled at any time, the company that issued the bond would have to notify the department.
In order to retain licensed status a bail recovery agent would have to adhere to the following guidelines:
Notify the proper law enforcement agency at least a half hour in advance before apprehending an absconder, unless the opportunity is unexpected and notification would seriously jeopardize the chance of apprehension.
Supply documentation stating the fact that he/she has been authorized to execute the recognizance.
Possess another acceptable form of identification in addition to the above mentioned license.
Failure to comply with any of these guidelines could result in suspension or revocation of the license. In addition, any individual acting as a bail recovery agent without being licensed or possessing an altered of forged identification card or license is subject to a fine of not more than $1,000.
Bill 821 deals with the procedure for releasing an individual from his or her recognizance responsibilities if they no longer wish to be involved in the appearance of another person. The accused must first be arrested and delivered to the county jail before relief from duties will be granted. A court has the authority to issue a warrant if it appears that the individual being held is in the process of or preparing to flee, or that his or her sureties have become worthless, or is planning on destroying or disposing of their property in order to avoid payment, or is attempting to defraud their creditors. If the court finds evidence supporting any of the aforementioned activities, the individual could be recommitted to the county jail until other sureties are offered or is otherwise discharged.
The Senate Judiciary Committee has reported out a substitute to Senate Bill 820 (9-15). Senate Bill 821 was not reported out. Another companion bill, Senate Bill 1246, was reported out in its place.
These bills are tie barred.
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Steve Faircloth
A Way Out Bail Bonds
(220) 204-9733 Cell
NSIN# SF0105
LIC. #704058
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