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Bail; Apprehension of Fugitives; Surrender
Description:
Regulates persons who apprehend bail fugitives. Establishes qualifications. Establishes requirements and prohibits certain practices for fugitive apprehension. Establishes penalty for violations. Permits surrender of a defendant by a bail bond agent only if the defendant has violated a condition of the bond.
HOUSE OF REPRESENTATIVES
H.B. NO. 3014
TWENTY-THIRD LEGISLATURE, 2006
STATE OF HAWAII
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A BILL FOR AN ACT RELATING TO BAIL.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that bail and bail agents play an extraordinarily valuable service to law enforcement and accused persons alike. The bail clause of the eighth amendment to the United States Constitution embodies the long-standing Anglo-American tradition that favors pretrial release of accused persons. Pretrial release on bail frees up crowed jail space and permits defendants to participate more fully in their defense. Bail agents, backed by surety insurance companies, make possible the pretrial release of more than two million defendants annually, at no expense to the taxpayers, by providing assurances that people charged with crimes will appear as scheduled to answer those charges.
The legislature also finds that persons authorized to apprehend bail fugitives have very broad common law powers to arrest a person, including the use of force, breaking and entering, imprisoning a person, and transporting prisoners against their will over state lines, to name a few. For example, in Hawaii today, a group of career criminals hired by a bail bond agent anywhere in the United States could legally break down the door of any home in Hawaii, storm in, and terrorize the occupants. This abuse of power happens across the country every year and, while it might make for commercially successful television entertainment, it has no place in the orderly administration of our bail laws. To protect against these abuses, many states have enacted laws regulating the conduct of persons who apprehend bail fugitives. Four states have banned the practice outright, twelve others require licenses, and others restrict certain types of conduct.
The purpose of this Act is to regulate, like the majority of states, the conduct of persons who apprehend bail fugitives.
SECTION 2. Chapter 804, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"PART . BAIL FUGITIVE APPREHENSION
§804-A Definitions. As used in this part, unless a different meaning is required:
"Bail agent" or "bail bond agent" means a person who holds a certificate of completion pursuant to section 804-C, including one who represents a surety who provides bail bond insurance as defined by section 431:1-210.
"Bail fugitive" means 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.
"Depositor of bail" means a person or entity that has deposited money or bonds to secure the release of a person charged with a crime or offense.
"Person authorized to apprehend a bail fugitive" means a person who is provided written authorization 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 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.
§804-B Bail fugitive; authority to apprehend. (a) No person, other than a law enforcement officer, shall be authorized to apprehend, detain, or arrest a bail fugitive unless that person meets one of the following conditions:
(1) The person is a:
(A) Bail fugitive recovery person; or
(B) Depositor of bail;
(2) Holds a certificate of completion issued pursuant to section 804-C; or
(3) Is licensed as a private investigator in this State.
(b) This part shall not prohibit an arrest pursuant to section 804-C.
§804-C Bail fugitive apprehension; qualifications. (a) A person authorized by section 804-B to apprehend a bail fugitive who engages in the arrest of a defendant shall comply with the following requirements:
(1) Be at least twenty-one years of age;
(2) Pass a written examination administered by the State;
(3) Not have been convicted of a felony or aggravated misdemeanor;
(4) Not have been convicted of any offense in which a dangerous weapon was used;
(5) Submit to fingerprinting and background check; and
(6) Comply with all laws while apprehending a bail fugitive.
(b) Upon completion of any examination or training program required by this section, a person authorized by section 804-B to apprehend a bail fugitive shall carry certificates of completion with the person at all times in the course of performing the person's duties under this part.
§804-D Bail fugitive apprehension; documentation required. Before apprehending a bail fugitive, a person authorized by section 804-C to apprehend a bail fugitive shall have in the person's possession proper documentation of authority to apprehend issued by the bail agent or depositor of bail. The document conferring authority to apprehend the bail fugitive shall include the following:
(1) The name of the individual authorized by section 804-B to apprehend a bail fugitive and any fictitious name, if applicable;
(2) The address of the principal office of the individual authorized by section 804-B to apprehend a bail fugitive; and
(3) The name and principal business address of the bail agency, surety company, or other party contracting with the person authorized by section 804-B to apprehend a bail fugitive.
§804-E Bail fugitive apprehension; prohibited acts. A person authorized by section 804-B to apprehend a bail fugitive shall not:
(1) Represent the person in any manner as being a sworn law enforcement officer or wear a badge or uniform that a reasonable person might are those of a government agency;
(2) Represent that documentation of authority to apprehend issued by the bail agent or depositor of bail is an arrest or search warrant or other document that a reasonable person might believe was issued by a government entity; or
(3) Enter an occupied residential structure without the consent of the occupants who are present at the time of the entry.
§804-F Bail fugitive apprehension; notice to police. An individual authorized by section 804-B to apprehend a bail fugitive, prior to but not more than three hours before attempting to apprehend the bail fugitive, shall notify the county police department of the intent to apprehend a bail fugitive in that jurisdiction by:
(1) Indicating the name of an individual authorized to apprehend a bail fugitive in the jurisdiction; and
(2) Stating the name and approximate location of the bail fugitive.
For the purposes of this section, notice may be provided to a police department by telephone prior to the arrest.
§804-G Penalty. Any person who violates sections 804-B to 804-F, or who conspires with another person to violate those sections, or who hires an individual to apprehend a bail fugitive, knowing that the individual is not authorized by section 804-B to apprehend a bail fugitive, shall be guilty of a misdemeanor.
§804-H Administration. This part shall be administered by the attorney general. The attorney general may adopt rules under chapter 91 to implement this part."
SECTION 3. Section 804-14, Hawaii Revised Statutes, is amended to read as follows:
"§804-14 Discharge of sureties. Those who may have become bail for anyone, may [at any time] discharge themselves, by surrendering [him] the defendant to the custody of any [sheriff or] chief of police [or his], the chief's authorized subordinate[.], or a public safety officer vested with arrest powers pursuant to section 353C-4(a) only after a breach of one or more conditions of the bond."
SECTION 4. Section 804-41, Hawaii Revised Statutes, is amended to read as follows:
"§804-41 Discharge of surety. [At any time before the breach of the condition of the bond, the] A surety may discharge oneself by surrendering the principal into the hands of any [sheriff or the] chief of police [or the sheriff's or], the chief's authorized subordinate[.], or a public safety officer vested with arrest powers pursuant to section 353C-4(a) only after a breach of one or more conditions of the bond."
SECTION 5. If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act, which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 7. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 9. This Act shall take effect on January 1, 2007.
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Lance Allen Wilkinson
Recoveries by L.A.W.
Serving since 1984
“What is sought is found... what is overlooked escapes” (Oedipus Rex)
Last edited by L.A.W. on Fri 24 Feb 2006 14:49, edited 1 time in total.
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