2007 California Penal Code Article 5.5. Bail Fugitive Recovery Persons Act

CA Codes (pen:1299-1299.14)

1299.  This article shall be known as the Bail Fugitive Recovery
Persons Act.


1299.01.  For purposes of this article, the following terms shall
have the following meanings:
   (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) "Bail" means a person licensed by the Department of Insurance
pursuant to Section 1800 of the Insurance Code.
   (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.
   (d) "Bail fugitive recovery person" means a person who is provided
written authorization pursuant to Sections 1300 and 1301 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.



1299.02.  (a) No person, other than a certified law enforcement
officer, shall be authorized to apprehend, detain, or arrest a bail
fugitive unless that person meets one of the following conditions:
   (1) Is a bail as defined in subdivision (b) of Section 1299.01 or
a depositor of bail as defined in subdivision (c) of Section 1299.01.

   (2) Is a bail fugitive recovery person as defined in subdivision
(d) of Section 1299.01.
   (3) Holds a bail license issued by a state other than California
or is authorized by another state to transact and post bail and is in
compliance with the provisions of Section 847.5 with respect to the
arrest of a bail fugitive.
   (4) Is licensed as a private investigator as provided in Chapter
11.3 (commencing with Section 7512) of Division 3 of the Business and
Professions Code.
   (5) Holds a private investigator license issued by another state,
is authorized by the bail or depositor of bail to apprehend a bail
fugitive, and is in compliance with the provisions of Section 847.5
with respect to the arrest of a bail fugitive.
   (b) This article shall not prohibit an arrest pursuant to Sections
837, 838, and 839.


1299.04.  (a) A bail fugitive recovery person, a bail agent, bail
permittee, or bail solicitor who contracts his or her services to
another bail agent or surety as a bail fugitive recovery person for
the purposes specified in subdivision (d) of Section 1299.01, and any
bail agent, bail permittee, or bail solicitor who obtains licensing
after January 1, 2000, and who engages in the arrest of a defendant
pursuant to Section 1301 shall comply with the following
requirements:
   (1) The person shall be at least 18 years of age.
   (2) The person shall have completed a 40-hour power of arrest
course certified by the Commission on Peace Officer Standards and
Training pursuant to Section 832.  Completion of the course shall be
for educational purposes only and not intended to confer the power of
arrest of a peace officer or public officer, or agent of any
federal, state, or local government, unless the person is so employed
by a governmental agency.
   (3) The person shall have completed a minimum of 12 hours of
classroom education certified pursuant to Section 1810.7 of the
Insurance Code.
   (4) The person shall have completed a course of training in the
exercise of the power to arrest offered pursuant to Section 7583.7 of
the Business and Professions Code.
   (5) The person shall not have been convicted of a felony.
   (b) Upon completion of any course or training program required by
this section, an individual authorized by Section 1299.02 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 article.



1299.05.  In performing a bail fugitive apprehension, an individual
authorized by Section 1299.02 to apprehend a bail fugitive shall
comply with all laws applicable to that apprehension.



1299.06.  Before apprehending a bail fugitive, an individual
authorized by Section 1299.02 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 as prescribed in
Sections 1300 and 1301.  The authority to apprehend document shall
include all of the following information:  the name of the individual
authorized by Section 1299.02 to apprehend a bail fugitive and any
fictitious name, if applicable; the address of the principal office
of the individual authorized by Section 1299.02 to apprehend a bail
fugitive; and the name and principal business address of the bail
agency, surety company, or other party contracting with the
individual authorized by Section 1299.02 to apprehend a bail
fugitive.


1299.07.  (a) An individual authorized by Section 1299.02 to
apprehend a bail fugitive shall not represent himself or herself in
any manner as being a sworn law enforcement officer.
   (b) An individual authorized by Section 1299.02 to apprehend a
bail fugitive shall not wear any uniform that represents himself or
herself as belonging to any part or department of a federal, state,
or local government.  Any uniform shall not display the words United
States, Bureau, Task Force, Federal, or other substantially similar
words that a reasonable person may mistake for a government agency.
   (c) An individual authorized by Section 1299.02 to apprehend a
bail fugitive shall not wear or otherwise use a badge that represents
himself or herself as belonging to any part or department of the
federal, state, or local government.
   (d) An individual authorized by Section 1299.02 to apprehend a
bail fugitive shall not use a fictitious name that represents himself
or herself as belonging to any federal, state, or local government.



1299.08.  (a) Except under exigent circumstances, an individual
authorized by Section 1299.02 to apprehend a bail fugitive shall,
prior to and no more than six hours before attempting to apprehend
the bail fugitive, notify the local police department or sheriff's
department of the intent to apprehend a bail fugitive in that
jurisdiction by:
   (1) Indicating the name of  an individual authorized by Section
1299.02 to apprehend a bail fugitive entering the jurisdiction.
   (2) Stating the approximate time an individual authorized by
Section 1299.02 to apprehend a bail fugitive will be entering the
jurisdiction and the approximate length of the stay.
   (3) Stating the name and approximate location of the bail
fugitive.
   (b) If an exigent circumstance does arise and prior notification
is not given as provided in subdivision (a), an individual authorized
by Section 1299.02 to apprehend a bail fugitive shall notify the
local police department or sheriff's department immediately after the
apprehension, and upon request of the local jurisdiction, shall
submit a detailed explanation of those exigent circumstances within
three working days after the apprehension is made.
   (c) This section shall not preclude an individual authorized by
Section 1299.02 to apprehend a bail fugitive from making or
attempting to make a lawful arrest of a bail fugitive on bond
pursuant to Section 1300 or 1301.  The fact that a bench warrant is
not located or entered into a warrant depository or system shall not
affect a lawful arrest of the bail fugitive.
   (d) For the purposes of this section, notice may be provided to a
local law enforcement agency by telephone prior to the arrest or,
after the arrest has taken place, if exigent circumstances exist.  In
that case the name or operator number of the employee receiving the
notice information shall be obtained and retained by the bail,
depositor of bail, or bail fugitive recovery person.



1299.09.  (a) An individual authorized by Section 1299.02 to
apprehend a bail fugitive shall not forcibly enter a premises except
as provided for in Section 844.
   (b) Nothing in subdivision (a) shall be deemed to authorize  an
individual authorized by Section 12099.02 to apprehend a bail
fugitive to apprehend, detain, or arrest any person except as
otherwise authorized pursuant to Chapter 5 (commencing with Section
833) of Title 3 of Part 2, or any other provision of law.




1299.10.  An individual authorized by Section 1299.02 to apprehend a
bail fugitive shall not carry a firearm or other weapon unless in
compliance with the laws of the state.



1299.11.  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 by Section 1299.02 to apprehend a bail fugitive, is guilty
of a misdemeanor punishable by a fine of five thousand dollars
(,000) or by imprisonment in the county jail not to exceed one
year, or by both that imprisonment and fine.



1299.12.  This article shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.


1299.13.  Nothing in this article is intended to exempt from
licensure persons otherwise required to be licensed as private
investigators pursuant to Chapter 11.3 (commencing with Section 7512)
of Division 3 of the Business and Professions Code.




1299.14.  The California Research Bureau in the California State
Library shall conduct a study of the structure and implementation of
the Bail Fugitive Recovery Act.  The bureau shall design and complete
a study evaluating the training requirements and regulatory status
for persons subject to the act, and whether the provisions of the act
have improved the process for the recovery of fugitives from bail.
In conducting the study, the bureau shall survey a representative
sampling of law enforcement agencies, bail associations, and the
state departments or agencies that certify the training courses.  The
bureau shall submit the published findings of the study to the
Legislature no later than January 1, 2009.