2016 New Hampshire Revised Statutes
Title LIX - PROCEEDINGS IN CRIMINAL CASES
Chapter 597 - BAIL AND RECOGNIZANCES
Section 597:7-b - Bail Agents and Recovery Agents; Certification and Registration; Notification to Local Law Enforcement Required.

[RSA 597:7-b effective until January 1, 2017; see also RSA 597:7-b set out below.]     597:7-b Bail Agents and Recovery Agents; Certification and Registration; Notification to Local Law Enforcement Required. –
    I. In this section:
       (a) "Bail agent'' means any person appointed by an insurer by power of attorney to execute or countersign bail bonds for the insurer in connection with judicial proceedings and who receives a premium.
       (b) "Recovery agent'' means a person who meets the requirements of paragraph II of this section and who is offered or given any compensation by a bail agent or surety in exchange for assisting the bail agent or surety in apprehending or surrendering any defendant, or keeping the defendant under necessary surveillance.
    II. Any person who operates as a recovery agent in this state, excluding licensed private detectives, shall be trained and certified through a program approved by the Professional Bail Agents of the United States and shall register annually with the secretary of state. The secretary of state shall issue to each registered recovery agent proof of such registration. Effective July 1, 2000, each bail agency operating in this state shall annually provide to the secretary of state proof of liability insurance coverage in the amount of $300,000 for bail recovery activities of the agency's bail agents and bail recovery agents. This proof of insurance coverage shall be provided before the agency's bail agents are licensed or relicensed, and before the agency's bail recovery agents are registered or reregistered. Bail recovery agents acting as independent contractors shall provide proof of liability insurance coverage in the amount of $300,000 to the secretary of state before registration or reregistration. Any person who operates as a recovery agent in this state without meeting such certification, insurance, and registration requirements shall be guilty of a class A misdemeanor.
    III. A bail agent or recovery agent searching for a person who has violated conditions of release shall notify a municipality's chief law enforcement officer if the search is to be conducted in the municipality's jurisdiction. A bail agent or recovery agent who violates the provisions of this paragraph shall be guilty of a class A misdemeanor.

[RSA 597:7-b effective January 1, 2017; see also RSA 597:7-b set out above.]

597:7-b Bail Agents and Recovery Agents; Licensure; Notification to Local Law Enforcement Required. --
    I. In this section:
       (a) "Bail agent'' means any person appointed by an insurer by power of attorney to execute or countersign bail bonds for the insurer in connection with judicial proceedings and who receives a premium.
       (b) "Bail recovery agent'' means a person who meets the requirements of paragraph II of this section and who is offered or given any compensation for assisting a professional bondsman under RSA 598-A or a surety in apprehending or surrendering any defendant, or keeping the defendant under necessary surveillance.
    II. Any person who operates as a bail recovery agent in this state, excluding licensed private detectives, shall be trained and certified through a program approved by the Professional Bail Agents of the United States or other training program approved by the commissioner of safety and shall be licensed with the department of safety under RSA 106-F. Licensees shall also meet proficiency requirements under RSA 106-F:8-a. The department of safety shall issue to each licensed bail recovery agent proof of such licensure. Each bail recovery agent operating in this state shall provide to the department of safety proof of liability insurance coverage in the amount of $300,000 for bail recovery activities. This proof of insurance coverage shall be provided before the bail recovery agent is licensed or relicensed by the department of safety. Licenses shall be valid for 2 years after the date of issuance and shall be renewed every 2 years thereafter, upon application and payment of the fee and submission of continuing proof of the required liability insurance coverage. The application for renewal shall be submitted at least 15 days before the expiration of the previously granted license. Any person who operates as a bail recovery agent in this state without meeting the licensure and relicensure requirements shall be guilty of a class B misdemeanor for the first offense and a class A misdemeanor for a second offense within a 7-year period.
    III. A bail recovery agent searching for a person who has violated conditions of release shall notify a municipality's chief law enforcement officer if the search is to be conducted in the municipality's jurisdiction. A bail recovery agent who violates the provisions of this paragraph shall be guilty of a class A misdemeanor.

Source. 1995, 287:1. 1999, 299:1, eff. Jan. 1, 2000. 2016, 196:12, eff. Jan. 1, 2017.