_____________ bill NO. _____________

INTRODUCED BY _________________________________________________

By Request of the ****

A BILL FOR AN ACT ENTITLED: "AN ACT generally revising laws regarding bail bonds; establishing the bail fugitive recovery agents act; establishing requirements for bail bond agents and bail fugitive recovery agents; requiring a bail bond agent or bail FUGITIVE AGENT TO NOTIFY LOCAL LAW ENFORCEMENT PRIOR TO APPREHENDING A DEFENDANT; PROVIDING THAT A PERSON WHO IS LICENSED AS A PRIVATE INVESTIGATOR IS SUBJECT TO THE bail fugitive recovery agents act; PROVIDING PENALTIES; and PROVIDING DEFINITIONS."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

NEW SECTION. Section 1. Short title. [Sections 1 through 8] may be cited as the "Bail Fugitive Recovery Agents Act".

NEW SECTION. Section 2. Definitions. As used in [sections 1 through 8], unless the context clearly indicates otherwise, the following definitions apply:

(1) "Bail bond agent" means a person licensed by the commissioner of insurance pursuant to 33-17-211.

(2) "Bail fugitive" means a defendant in a pending criminal case:

(a) who has been released from custody under a financially secured appearance, by payment of cash, or by posting another form of bond and who has had the bond declared forfeited;

(b) who has violated a bond condition under which apprehension and reincarceration are permitted; or

(3) "Bail fugitive recovery agent" means:

(a) a person who is provided written authorization by the bail bond agent or depositor of bail and is contracted with to investigate, keep under surveillance, locate, or arrest a bail fugitive for surrender to the appropriate court, detention facility, or peace officer; and

(b) any person who is employed to assist a bail bond agent or depositor of bail to investigate, keep under surveillance, locate, or arrest a bail fugitive for surrender to the appropriate court, detention facility, or peace officer.

(4) "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.

NEW SECTION. Section 3. Who may apprehend, detain, or arrest bail fugitive. (1) A person other than a sworn law enforcement officer may not apprehend, detain, or arrest a bail fugitive unless the person is a bail bond agent, bail fugitive recovery agent, or depositor of bail.

(2) This section does not prohibit the surrender of a defendant or an arrest pursuant to 46-9-401 or 46-9-510.

NEW SECTION. Section 4. Requirements for bail fugitive recovery agent. (1) A bail fugitive recovery agent or bail bond agent who contracts with another bail bond agent or surety as a bail fugitive recovery agent and who engages in the arrest of a defendant shall comply with the following requirements:

(a) the person must be at least 18 years of age;

(b) the person shall complete a 40-hour course of basic training for bail bond agents and be certified by the commissioner of insurance; and

(2) Completion of the course required in subsection (1)(b) is for educational purposes only and does not confer on the person the power of arrest of a police officer or public officer or agent of any federal, state, or local government agency unless the person is employed by a government agency.

(3) On completion of a course required by this section, a bail fugitive recovery agent or bail bond agent who contracts with another bail bond agent or surety as a bail fugitive recovery agent shall carry a certificate of completion at all times in the course of performing duties under [sections 1 through 8].

NEW SECTION. Section 5. Documentation of authority. Before apprehending a bail fugitive, a person authorized by [section 3] to apprehend a bail fugitive must have in the person's possession proper documentation of authority to apprehend issued by the bail bond agent or depositor of bail. The documentation must include the following information:

(1) the name of the person authorized by [section 3] to apprehend a bail fugitive;

(2) the address of the principal office of the person authorized in [section 3] to apprehend a bail fugitive; and

(3) the name and principal business address of the bail bond agency, surety company, or other party contracting with the person authorized by [section 3] to apprehend a bail fugitive.

NEW SECTION. Section 6. Notification of local law enforcement. (1) Except under exigent circumstances, a person authorized by [section 3] to apprehend a bail fugitive shall, prior to but no more than 6 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 stating:

(a) the name of the person authorized by [section 3] to apprehend a bail fugitive in the jurisdiction; and

(b) the name and approximate location of the bail fugitive.

(2) If an exigent circumstance arises and prior notification is not given as provided in subsection (1), a person authorized by [section 3] to apprehend a bail fugitive shall notify the local police department or sheriff's department immediately after the apprehension and, on request of the local jurisdiction, shall submit a detailed explanation of the exigent circumstances within 3 working days after the apprehension is made.

(3) For the purposes of this section, notice may be provided to a local law enforcement agency by telephone prior to the arrest or, if exigent circumstances exist, after the arrest has taken place. In the case of exigent circumstances, the bail bond agent, bail fugitive recovery agent, or depositor of bail shall obtain and retain the name or operator number of the employee receiving the notice information.

(4) This section does not preclude a person authorized to apprehend a bail fugitive from making or attempting to make a lawful arrest of a bail fugitive on bond pursuant to 46-9-510. The fact that a bench warrant is not located in or entered into a warrant depository or system may not affect the lawful arrest of a bail fugitive.

NEW SECTION. Section 7. No exemption for person otherwise licensed as private investigator. Nothing in [sections 1 through 8] exempts a person who is licensed as a private investigator from the requirements of [sections 1 through 8].

NEW SECTION. Section 8. Penalty. A person who violates [sections 1 through 8] or hires a person to apprehend a bail fugitive knowing that the person is not authorized under [section 3] to apprehend a bail fugitive is guilty of a misdemeanor punishable by a fine of $500.

NEW SECTION. Section 9. Codification instruction. [Sections 1 through 8] are intended to be codified as an integral part of Title 46, chapter 9, and the provisions of Title 46, chapter 9, apply to [sections 1 through 8].