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bills to
and Economic
be introduced
in state
Development
capitols
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This agenda--underwritten
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majorEnvironment,
tax
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and efforts to
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bills have become
law, until
now, their origin
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By the Center for
Media and Democracy
www.prwatch.org

Home

Model Legislation

Public Safety and Elections

Bail Fugitive Recovery Persons Act
Summary
This Act will create standards of operation for those individuals who act as a bail
recovery agent.
Model Bill
Section 1.{Short Title}
The article shall be known as the Bail Fugitive Recovery Persons Act.
Section 2. {Definitions}
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 [insert name of state] Department of
Insurance pursuant to Section [insert appropriate code] 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 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.
Section 3. {Main Provisions}

ALEC’s’Corporate Board
--in recent past or present

• AT&T Services, Inc.
• centerpoint360
• UPS
• Bayer Corporation
• GlaxoSmithKline
• Energy Future Holdings
• Johnson & Johnson
• Coca-Cola Company
• PhRMA
• Kraft Foods, Inc.
• Coca-Cola Co.
• Pfizer Inc.
• Reed Elsevier, Inc.
• DIAGEO
• Peabody Energy
• Intuit, Inc.
• Koch Industries, Inc.
• ExxonMobil
• Verizon
• Reynolds American Inc.
• Wal-Mart Stores, Inc.
• Salt River Project
• Altria Client Services, Inc.
• American Bail Coalition
• State Farm Insurance
For more on these corporations,
search at www.SourceWatch.org.

(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 fugitive recovery person as defined in subdivision (B) of Section 2; a
depositor of bail as defined in subdivision (C) of Section 2.; or is a bail recovery
fugitive recovery person as defined in subdivision (D) of Section 2.
(2) Holds a bail license issued by this state or is authorized by another state to
transact and post bail and is in compliance with respect to the arrest of a bail
fugitive.
(3) Is licensed as a private investigator in this state.
(4) 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 with respect to the arrest of a bail fugitive.
(B) This article shall not prohibit an arrest pursuant to Section 4.
Section 4.
(A) A bail fugitive recovery person, or a bail agent 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 2, and who engages in the arrest of a
defendant shall comply with the following requirements:
(1) The person shall be at least 18 years of age.
(2) The person shall have completed a [insert appropriate number of hours]-hour
power of arrest course certified by law enforcement. Completion of the course shall
be for educational purposes only and not intended to confer the power of arrest of

Did you
know the
NRA--the
National
Rifle
Association-was the
corporate
co-chair in
2011?

Exposed

By the Center for
Media and Democracy
www.prwatch.org

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, state, or local government,
unless the person is so employed by a governmental agency.
(3) The person shall not have been convicted of a felony, or of any offense in which
a dangerous weapon was used.
(B) Upon completion of any course or training program required by this section, an
individual authorized by Section 3 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.
Section 5.
In performing a bail fugitive apprehension, an individual authorized by Section 3 to
apprehend a bail fugitive shall comply with all laws applicable to that
apprehension.
Section 6.
Before apprehending a bail fugitive, an individual authorized by Section 3 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
authorized by Section 3 to apprehend a bail fugitive and any fictitious name, if
applicable; the address of the principal office of the individual authorized in Section
3 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 3 to apprehend a bail fugitive.
Section 7.
(A) An individual authorized by Section 3 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 3 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.
(C) An individual authorized by Section 3 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.
Section 8.
(A) Except under exigent circumstances, an individual authorized by Section 3 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 3 to apprehend a bail
fugitive entering the jurisdiction.
(2) Stating the approximate time an individual authorized by Section 1.02 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 3 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) 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.
(D) This section shall not preclude an individual authorized by Section 1.02 to
apprehend a bail fugitive from making or attempting to make a lawful arrest of a
bail fugitive on bond. 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.
Section 9. An individual authorized by Section 3 to apprehend a bail fugitive who
carries a firearm or other weapon shall be in compliance with the laws of the state.
Section 10. 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 3 to apprehend a bail
fugitive, is guilty of a misdemeanor punishable by a fine of [insert appropriate
fine].

Section 11.
Nothing in this article is intended to exempt from licensure persons otherwise
required to be licensed as private investigators.
Section 12. {Severability clause}
Section 13. {Repealer clause}
Section 14. {Effective date}
Adopted by ALEC's Criminal Justice Task Force at the Spring Task Force Summit
May 5, 2000. Approved by full ALEC Board of Directors June, 2000.

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