(1) Existing law, the Bail Fugitive Recovery Persons Act, regulates bail fugitive recovery agents, defined to mean a licensed individual given written authorization by the bail or depositor of bail and contracted to investigate, surveil, locate, and arrest a bail fugitive, and any person employed to assist the bail or depositor of bail to investigate, surveil, locate, and arrest a bail fugitive. Existing law prohibits a person from performing the activities of a bail fugitive recovery agent unless licensed by the Insurance Commissioner, as provided.

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.

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