Bail Fugitive Recovery Agent Reform Act.

Existing law provides for the issuance of bail licenses under the jurisdiction of the commissioner and makes a violation of those provisions a crime. Existing law requires a bail fugitive recovery agent to file certain information with the commissioner, including a policy of liability insurance that provides minimum limits of insurance of $1,000,000 for any one loss or occurrence due to either bodily injury or death, or property damage, or both.

This bill, the Bail Fugitive Recovery Agent Reform Act, would require a bail fugitive recovery agent (BFRA) to have on file the above-described policy of liability insurance that complies with various requirements, as specified. The bill would require specified records, documents, and information regarding the BFRA liability insurance policy to be filed in the manner specified by the commissioner no more than 30 days after issuance by the issuing insurance company or placement by the production agency. If a BFRA fails to maintain liability insurance or fails to provide proof of the required insurance policy, the bill would require the commissioner to provide written notice to the BFRA that they have 30 days to provide proof of compliance or the BFRA will be automatically suspended without proceedings after the 30-day period.

(2) Existing law requires an applicant for a license to act as a bail agent to file with the commissioner a notice of appointment executed by a surety insurer or its authorized representative authorizing that applicant to execute undertakings of bail and to solicit and negotiate those undertakings on its behalf. Existing law similarly requires an applicant for a BFRA's license to file with the commissioner a notice of appointment executed by a bail agent or surety insurer authorizing that applicant to act on behalf of, and pursuant to, the instructions of the appointing licenseholder. Existing law authorizes these notices of appointment to continue in force until the termination of the agent's license, the end of the license term, or the filing of a notice of termination, as specified.

This bill would apply the filing requirement for an applicant for a license to act as a bail agent to every holder of a license to act as a bail agent and would apply the filing requirement for an applicant to act as a BFRA to every holder of a license to act as a BFRA. For an applicant for a license to act as a BFRA or a holder of a license to act as a BFRA, the bill would prohibit the notices of appointment from being considered effective until the notice is formally filed with and acknowledged by the Department of Insurance.

(3) Existing law requires the Commission on Peace Officer Standards and Training (POST) to establish a certification program for peace officers for the purpose of fostering professionalization, education, and experience necessary to accomplish the general police service duties, as specified.

This bill would require a BFRA applicant or licensee who has been issued the above-described certificate for peace officers and has had that certification suspended or revoked by POST, or has voluntarily surrendered that certification, to notify the commissioner, as provided.

(4) Existing law authorizes the commissioner to decline to issue a bail license until the commissioner is satisfied that the applicant, among other things, has not willfully misstated any material fact in their application or procured a misstatement in the supporting documents of their application.

This bill would revise that condition to authorize the commissioner to decline to issue a bail license until the commissioner is satisfied that the applicant has not willfully or knowingly made a misstatement in the application or has not made a false statement in testimony given under oath before the commissioner or another person acting in the commissioner's stead. The bill would also require any applicant for, or holder of, a BFRA license to be a current resident of this state and have been a continuous resident of this state for at least 2 years before applying for a BFRA license.

(5) Existing law generally prescribes the requirements of conduct by a BFRA licensee, including, among other things, prohibitions against any uniform of a BFRA that represents the BFRA as belonging to any part or department of the federal, state, or local government, as specified. Existing law, except under exigent circumstances, requires a BFRA to, prior to and no more than 6 hours before attempting to apprehend the bail fugitive, notify the local police or sheriff's department of the intent to apprehend a bail fugitive in that jurisdiction. If an exigent circumstance arises and prior notification is not given, existing law requires a BFRA to notify the local police or sheriff's department immediately after the apprehension and submit a detailed explanation of those exigent circumstances upon request of the local jurisdiction.

This bill would additionally prohibit a BFRA from, among other things, threatening legal action unrelated to the case for which bail was given and loitering on or around a property if the bail subject is not present. The bill would also require a BFRA licensee to affix, type, or print their license number on business cards or other documents produced by the licensee in a specified type size. The bill would require the above-described notice provided to the local police or sheriff's department to be in writing and include specified information. The bill would require any record relating to notice to the local police or sheriff's department to be transcribed in writing and retained by the BFRA for a period of not less than 5 years from the date of notice. The bill would require the BFRA to provide a copy of any notice requested by the commissioner within 21 calendar days of the request and would require specified information to be included in the copy. The bill would prescribe a fine of $4,000 for each offense, as specified. By establishing new requirements for BFRA applicants and licensees, the violation of which is a crime, the bill would impose a state-mandated local program.

(6) This bill would make various conforming changes. The bill would provide that its provisions are severable.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.