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2001 SESSION

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001338928
HOUSE BILL NO. 582 Offered January 19, 2000 A BILL to amend the Code of Virginia by adding in Chapter 27 of Title 9 an article numbered 5, consisting of sections numbered 9-196.13, 9-196.14 and 9-196.15, relating to regulation of bail recovery agents; penalties. ----------
Patrons-- Scott, Albo, Almand, Baskerville, Brink, Callahan, Devolites, Hull, McEachin, Moran, Plum, Van Landingham, Watts and Weatherholtz; Senators: Byrne, Colgan, Howell, Ticer and Whipple
---------- Referred to Committee on Militia and Police ----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Chapter 27 of Title 9 an article numbered 5, consisting of sections numbered 9-196.13, 9-196.14 and 9-196.15, as follows:

Article 5. Bail Recovery Agents.

§ 9-196.13. Definition.

As used in this article, a "bail recovery agent,” also called a "bounty hunter," means any person employed for the purpose of apprehending the principal on a bail bond or any fugitive from justice who has been released on bail. This term does not include any law-enforcement officer, member of the armed forces on active duty, attorney, accountant, or other professional licensed under applicable state law.

§ 9-196.14. Licensure requirements of bail recovery agents.

A. No person shall be employed as a bail recovery agent in the Commonwealth without having first obtained a license from the Department.

B. No person shall be issued a bail recovery agent license unless such person has completed training as prescribed by the Department. The Department shall promulgate regulations and minimal standards for training and continuing education of such agents and terms and duration of licensure.

C. No person who has been convicted of a felony and whose rights are unrestored shall be licensed as a bail recovery agent. Any person applying for licensure as a bail recovery agent shall consent in writing, on a form to be provided by the Department, to have the Department obtain his criminal history record information.

D. Every person licensed by the Department as a bail recovery agent shall, at the time of receiving the license and before the license shall be operative, file with the Department (i) a cash bond or evidence that the agent is covered by a surety bond, executed by a surety company authorized to do business in this Commonwealth, in a reasonable amount to be fixed by the Department, conditioned upon the faithful and honest conduct of his employment; or (ii) evidence of a policy of liability insurance in an amount and with coverage as fixed by the Department. The bond or liability insurance shall be maintained for so long as the agent is licensed by the Department.

E. If any person aggrieved by the misconduct of any bail recovery agent licensed hereunder recovers judgment against the agent, such person may, after the return unsatisfied, either in whole or in part, of any execution issued upon such judgment, maintain an action in his own name upon the bond of the agent.

F. Any person who claims to be a bail recovery agent but who has no license and who performs any act in furtherance of such claim shall be guilty of a Class 2 misdemeanor. Any person who engages the services of a person claiming to be a bail recovery agent knowing that the person has no bail recovery agent license shall be guilty of a Class 2 misdemeanor.

§ 9-196.15. Limits on conduct of bail recovery agents.

A. A bail recovery agent who enters any jurisdiction in pursuit of and for the purpose of apprehending the principal on a bail bond or capturing a fugitive or engaging in surveillance of such principal or fugitive shall, prior to taking any action in that jurisdiction, notify the police chief of the jurisdiction or, if there is no police chief, the sheriff of the jurisdiction in which the surveillance, apprehension or capture is to take place; however, an agent shall not be required to give such notification in a case where notification would jeopardize the pursuit, apprehension or surveillance.

B. No bail recovery agent shall wear, carry or display (i) any badge or shield, or (ii) any uniform, card, or other item with any printing, insignia or emblem that purports to indicate that such agent is an employee, officer, or agent of any state or federal government or any political subdivision of any state or federal government.

C. Any person who violates any provision of this section shall be guilty of a Class 1 misdemeanor.

2. That the provisions of this act shall become effective on January 1, 2001.