S.22.2-69: Bounty Law Act (PASSED)

[fhtagn]

BOUNTY LAW ACT

TITLE I: DEFINITIONS

1. As used in this act:

A. 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 reincarceration are permitted.

B. Bounty Hunter 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.

C. Depositor of bail means a person or entity who has deposited money or bonds to secure the release of a person charged with a crime or offense.

TITLE II: BAIL FUGITIVES

1.  No person, other than a certified law enforcement officer, shall be authorized to apprehend, detain, or arrest a bail fugitive unless that person is a bounty hunter, a depositor of bail, or a private investigator

2. A bounty hunter who contracts his or her services to another bail agent or surety and who engages in the arrest of a defendant shall comply with the following requirements:

A. The person shall be at least 18 years of age;

B. The person shall have completed an appropriate training course on the power of arrest certified by law enforcement. Completion of the course shall be for educational purposes only and not intended to confer the power of arrest of a peace office or public officer, or agent of any federal, Regional, State, or local government, unless the person is so employed by a governmental agency; and

C. The person shall not have been convicted of a violent felony, or of any offense in which a dangerous weapon was used.

3. Upon completion of any course or training program required by this act, an individual authorized to apprehend a bail fugitive shall carry certificates of completion with him or her at all times in the course of performing his or her duties under this act.

4. In performing a bail fugitive apprehension, an individual authorized to apprehend a bail fugitive shall comply with all laws applicable to that apprehension.

5. Before apprehending a bail fugitive, an individual authorized to apprehend a bail fugitive shall have in his or her possession proper documentation of authority to apprehend issued by the bail or depositor of bail. The authority to apprehend document shall include the following: the name of the individual and any fictitious name, if applicable; the address of the principal office of the individual; and the name and principal business address of the bail agency, surety company, or other party contracting with the individual to apprehend a bail fugitive.

6. An individual authorized to apprehend a bail fugitive shall not represent himself or herself in any manner as being a sworn law enforcement officer, nor shall he or she wear any badge or uniform that represents himself or herself as belonging to any part or department of a federal, Regional, State, or local government.

7. Any person who violates this act, or who conspires with another person to violate this act, or who hires an individual to apprehend a bail fugitive, knowing that the individual is not authorized to apprehend a bail fugitive, is guilty of a misdemeanor punishable by a fine of no more than $10,000.00.

TITLE III: ENACTMENT

1. This act shall take effect ninety (90) days after passage.

Sponsor: Governor LT

[Mr. Reactionary]

This regulates bounty hunters and requires minimum training to engage in fugitive arrests.

[fhtagn]

If there are no more comments, I move we proceed to a vote. 24 hours for objections.

[fhtagn]

A final vote on this bill is now open for 72 hours, or until 24 hours after this has enough votes to pass or fail, or until everybody votes, whichever occurs soonest.

[reagente]

aye

[UlmerFudd]

aye

[fhtagn]

Aye

[fhtagn]

This has enough votes to pass. 24 hours to vote/change your vote, or until everyone has voted, whichever happens soonest

[RFayette]

Aye

[President Punxsutawney Phil]

Aye

[fhtagn]

The bill now passes and awaits gubernatorial action.

Aye: 5
Nay:0
Present: 0
Not voting: 0

BOUNTY LAW ACT

TITLE I: DEFINITIONS

1. As used in this act:

A. 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 reincarceration are permitted.

B. Bounty Hunter 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.

C. Depositor of bail means a person or entity who has deposited money or bonds to secure the release of a person charged with a crime or offense.

TITLE II: BAIL FUGITIVES

1.  No person, other than a certified law enforcement officer, shall be authorized to apprehend, detain, or arrest a bail fugitive unless that person is a bounty hunter, a depositor of bail, or a private investigator

2. A bounty hunter who contracts his or her services to another bail agent or surety and who engages in the arrest of a defendant shall comply with the following requirements:

A. The person shall be at least 18 years of age;

B. The person shall have completed an appropriate training course on the power of arrest certified by law enforcement. Completion of the course shall be for educational purposes only and not intended to confer the power of arrest of a peace office or public officer, or agent of any federal, Regional, State, or local government, unless the person is so employed by a governmental agency; and

C. The person shall not have been convicted of a violent felony, or of any offense in which a dangerous weapon was used.

3. Upon completion of any course or training program required by this act, an individual authorized to apprehend a bail fugitive shall carry certificates of completion with him or her at all times in the course of performing his or her duties under this act.

4. In performing a bail fugitive apprehension, an individual authorized to apprehend a bail fugitive shall comply with all laws applicable to that apprehension.

5. Before apprehending a bail fugitive, an individual authorized to apprehend a bail fugitive shall have in his or her possession proper documentation of authority to apprehend issued by the bail or depositor of bail. The authority to apprehend document shall include the following: the name of the individual and any fictitious name, if applicable; the address of the principal office of the individual; and the name and principal business address of the bail agency, surety company, or other party contracting with the individual to apprehend a bail fugitive.

6. An individual authorized to apprehend a bail fugitive shall not represent himself or herself in any manner as being a sworn law enforcement officer, nor shall he or she wear any badge or uniform that represents himself or herself as belonging to any part or department of a federal, Regional, State, or local government.

7. Any person who violates this act, or who conspires with another person to violate this act, or who hires an individual to apprehend a bail fugitive, knowing that the individual is not authorized to apprehend a bail fugitive, is guilty of a misdemeanor punishable by a fine of no more than $10,000.00.

TITLE III: ENACTMENT

1. This act shall take effect ninety (90) days after passage.