1194-S AMS KLIN ROEJ 042
SHB 1194 - S AMD 279
By Senator Kline
NOT CONSIDERED 05/25/2011
On page 1, line 1 of the title, after "Relating to" strike the remainder of the title and insert "bail; amending RCW 10.19.090, 10.19.100, 10.19.160, 18.185.010, 18.185.040, 18.185.070, and 18.185.110; amending 2010 c 254 s 2 (uncodified); and adding new sections to chapter 10.19 RCW."
On page 1, beginning on line 9, strike everything through line 10 and insert "Sec. 2. RCW 10.19.090 and 1986 c 322 s 2 are each amended to read as follows:
In criminal cases where a recognizance for the
appearance of any person, either as a witness or to appear and answer, shall
have been taken and a default entered, the recognizance shall be declared
forfeited by the court, and at the time of adjudging such forfeiture said court
shall enter judgment against the principal and sureties named in such
recognizance for the sum therein mentioned, and execution may issue thereon the
same as upon other judgments. If the surety is not notified by the court in
writing of the unexplained failure of the defendant to appear within ((thirty))
fourteen calendar days of the date for appearance, then the forfeiture
shall be null and void and the recognizance exonerated.
Sec. 3. RCW 10.19.100 and 1891 c 28 s 86 are each amended to read as follows:
The parties, or either of them, against whom such judgment may be entered in the superior or supreme courts, may stay said execution for sixty days from the date of the notification by the court by giving a bond with two or more sureties, to be approved by the clerk, conditioned for the payment of such judgment at the expiration of sixty days, unless the same shall be vacated before the expiration of that time.
Sec. 4. RCW 10.19.160 and 1986 c 322 s 5 are each amended to read as follows:
(1) The surety on the bond may return a person
to custody ((a person)) for good cause in a criminal case under
the surety's bond if the surrender is accompanied by a notice of forfeiture or
a notarized affidavit specifying the reasons for the surrender. If, upon
motion by a party to the bail transaction, a court determines that good cause
does not exist for the surety to surrender a person, the surety shall return
the premium paid by, or on behalf of, the person, as well as any recovery fee.
Good cause for surrender includes, but is not limited to, a substantial
increase in the likelihood of the risk of flight, violation of a court order, failure
to appear, or the concealment or intentional misrepresentation of information
by the person, provided that good cause does not include failure to make timely
payments to the surety for the bond premium. The surrender shall be made
to the ((facility in which the person was originally held in custody or the))
county or city jail affiliated with the court issuing the warrant resulting in
bail.
(2) A violation of this section amounts to unprofessional conduct under RCW 18.185.110.
NEW SECTION. Sec. 5. The presiding judge of a court shall notify the administrative office of the courts when the court revokes or reinstates the justification or certification of a bail bond agent to post bonds in the court. The notice to the administrative office of the courts must include the reasons for the revocation or reinstatement. Upon receiving the notification, the administrative office of the courts shall notify superior courts and courts of limited jurisdiction statewide. No civil liability may be imposed by any court on the administrative office of the courts or its employees under this section except upon proof of bad faith or willful or wanton misconduct or gross negligence.
Sec. 6. RCW 18.185.010 and 2004 c 186 s 2 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Department" means the department of licensing.
(2) "Director" means the director of licensing.
(3) "Commission" means the criminal justice training commission.
(4) "Collateral or security" means property of any kind given as security to obtain a bail bond.
(5) "Bail bond agency" means a business that sells and issues corporate surety bail bonds or that provides security in the form of personal or real property to ensure the appearance of a criminal defendant before the courts of this state or the United States.
(6) "Qualified agent" means an owner, sole proprietor, partner, manager, officer, or chief operating officer of a corporation who meets the requirements set forth in this chapter for obtaining a bail bond agency license.
(7) "Bail bond agent" means a person who is employed by a bail bond agency and engages in the sale or issuance of bail bonds, but does not mean a clerical, secretarial, or other support person who does not participate in the sale or issuance of bail bonds.
(8) "Licensee" means a bail bond agency, a bail bond agent, a qualified agent, or a bail bond recovery agent.
(9) "Branch office" means any office physically separated from the principal place of business of the licensee from which the licensee or an employee or agent of the licensee conducts any activity meeting the criteria of a bail bond agency.
(10) "Bail bond recovery agent" means a person who is under contract with a bail bond agent to receive compensation, reward, or any other form of lawful consideration for locating, apprehending, and surrendering a fugitive criminal defendant for whom a bail bond has been posted. "Bail bond recovery agent" does not include a general authority Washington peace officer or a limited authority Washington peace officer.
(11) (("Contract" means a written agreement
between a bail bond agent or qualified agent and a bail bond recovery agent for
the purpose of locating, apprehending, and surrendering a fugitive criminal
defendant in exchange for lawful consideration.
(12))) "Planned forced entry" means a premeditated
forcible entry into a dwelling, building, or other structure without the
occupant's knowledge or consent for the purpose of apprehending a fugitive
criminal defendant subject to a bail bond. "Planned forced entry"
does not include situations where, during an imminent or actual chase or
pursuit of a fleeing fugitive criminal defendant, or during a casual or
unintended encounter with the fugitive, the bail bond recovery agent forcibly
enters into a dwelling, building, or other structure without advanced planning.
(12) "Property bond" means a bail bond executed
for compensation the security for which is real property, tangible personal
property, or other assets.
(13) "Property bond agency" means a bail bond agency that
issues property bonds.
(14) "Surety bond" means a bail bond that is guaranteed by an
insurance company that has been qualified to transact surety insurance business
in Washington state by the insurance commissioner.
(15) "Surety bond agency" means a bail bond agency that issues
only surety bonds.
Sec. 7. RCW 18.185.040 and 2004 c 186 s 4 are each amended to read as follows:
(1) Applications for licenses required under this chapter shall be filed with the director on a form provided by the director. The director may require any information and documentation that reasonably relates to the need to determine whether the applicant meets the criteria, including fingerprints.
(2) Applicants for licensure or endorsement as a bail bond agent or a bail bond recovery agent must complete a records check through the Washington state patrol criminal identification system and through the federal bureau of investigation at the applicant's expense. Such record check shall include a fingerprint check using a Washington state patrol approved fingerprint card. The Washington state patrol shall forward the fingerprints of applicants to the federal bureau of investigation for a national criminal history records check. The director may accept proof of a recent national crime information center/III criminal background report or any national or interstate criminal background report in addition to fingerprints to accelerate the licensing and endorsement process. The director is authorized to periodically perform a background investigation of licensees to identify criminal convictions subsequent to the renewal of a license or endorsement.
Sec. 8. RCW 18.185.070 and 1993 c 260 s 8 are each amended to read as follows:
(1) No bail bond agency license may be issued under the provisions of this chapter unless the qualified agent files with the director a bond, executed by a surety company authorized to do business in this state, in the sum of ten thousand dollars for a surety agency and one hundred thousand dollars for a property bond agency conditioned to recover against the agency and its servants, officers, agents, and employees by reason of its violation of the provisions of RCW 18.185.100. The bond shall be made payable to the state of Washington, and anyone so injured by the agency or its servants, officers, agents, or employees may bring suit upon the bond in any county in which jurisdiction over the licensee may be obtained. The suit must be brought not later than two years after the failure to return property in accordance with RCW 18.185.100. If valid claims against the bond exceed the amount of the bond or deposit, each claimant shall be entitled only to a pro rata amount, based on the amount of the claim as it is valid against the bond, without regard to the date of filing of any claim or action.
(2) Every licensed bail bond agency must at all times maintain on file with the director the bond required by this section in full force and effect. Upon failure by a licensee to do so, the director shall suspend the licensee's license and shall not reinstate the license until this requirement is met.
(3) In lieu of posting a bond, a qualified surety
agent may deposit ten thousand dollars in an interest-bearing account((,
ten)) and a qualified property bond agent may deposit one hundred
thousand dollars in an interest-bearing account.
(4) The director may waive the bond requirements of this section, in his or her discretion, pursuant to adopted rules.
Sec. 9. RCW 18.185.110 and 2008 c 105 s 4 are each amended to read as follows:
In addition to the unprofessional conduct described in RCW 18.235.130, the following conduct, acts, or conditions constitute unprofessional conduct:
(1) Violating any of the provisions of this chapter or the rules adopted under this chapter;
(2) Failing to meet the qualifications set forth in RCW 18.185.020, 18.185.030, and 18.185.250;
(3) Knowingly committing, or being a party to, any material fraud, misrepresentation, concealment, conspiracy, collusion, trick, scheme, or device whereby any other person lawfully relies upon the word, representation, or conduct of the licensee. However, this subsection (3) does not prevent a bail bond recovery agent from using any pretext to locate or apprehend a fugitive criminal defendant or gain any information regarding the fugitive;
(4) Assigning or transferring any license issued pursuant to the provisions of this chapter, except as provided in RCW 18.185.030 or 18.185.250;
(5) Conversion of any money or contract, deed, note, mortgage, or other evidence of title, to his or her own use or to the use of his or her principal or of any other person, when delivered to him or her in trust or on condition, in violation of the trust or before the happening of the condition; and failure to return any money or contract, deed, note, mortgage, or other evidence of title within thirty days after the owner is entitled to possession, and makes demand for possession, shall be prima facie evidence of conversion;
(6) Entering into a contract, including a general
power of attorney, with a person that gives the bail bond agent full authority
over the person's finances, assets, real property, or personal property;
(7) Failing to keep records, maintain a trust account, or return
collateral or security, as required by RCW 18.185.100;
(((7))) (8) Any conduct in a bail bond
transaction which demonstrates bad faith, dishonesty, or untrustworthiness;
(((8))) (9) Violation of an order to cease
and desist that is issued by the director under chapter 18.235 RCW;
(((9))) (10) Wearing, displaying, holding,
or using badges not approved by the department;
(((10))) (11) Making any statement that
would reasonably cause another person to believe that the bail bond recovery
agent is a sworn peace officer;
(((11))) (12) Failing to carry a copy of
the contract or to present a copy of the contract as required under RCW
18.185.270(1);
(((12))) (13) Using the services of an unlicensed
bail bond recovery agent or using the services of a bail bond recovery agent
without issuing the proper contract;
(((13))) (14) Misrepresenting or knowingly
making a material misstatement or omission in the application for a license;
(((14))) (15) Using the services of a
person performing the functions of a bail bond recovery agent who has not been
licensed by the department as required by this chapter;
(((15))) (16) Performing the functions of
a bail bond recovery agent without being both (a) licensed under this chapter
or supervised by a licensed bail bond recovery agent under RCW 18.185.290; and
(b) under contract with a bail bond agent;
(((16))) (17) Performing the functions of
a bail bond recovery agent without exercising due care to protect the safety of
persons other than the defendant and the property of persons other than the
defendant; ((or
(17))) (18) Using a dog in the apprehension of a fugitive
criminal defendant;
(19) Surrendering a person without good cause pursuant to RCW 10.19.160;
or
(20) Failing to reasonably disclose, when requested by law enforcement,
information within the bail agent's possession concerning the location of a
fugitive criminal defendant.
NEW SECTION. Sec. 10. Sections 1 and 5 of this act are each added to chapter 10.19 RCW."
Renumber the remaining sections consecutively and correct any internal references accordingly.
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EFFECT: Amends the title of the bill to An Act Relating to Bail.
Requires courts to notify sureties of a defendant's failure to appear within 14 calendar days of the date on which the defendant failed to appear, rather than 30 days.
Specifies that the parties can stay the execution of the judgment for 60 days from the date of the notification by the court which provides a concrete starting date.
Allows a surety to surrender a client in a criminal case for good cause and if accompanied by a notice of forfeiture or a notarized affidavit specifying the reasons for surrender. If the court finds that good cause does not exist for the surrender the surety must return the premium paid as well as any recovery fee. Good cause does not include circumstances in which the client failed to make timely payment to the surety for the bond premium. A violation of this section is unprofessional conduct.
Requires the presiding judge of a court to notify AOC when the court revokes the justification or certification of a bail bond agent to post bonds in the court. This notice must include the reasons for revocation. Once AOC receives the information it must notify superior courts and courts of limited jurisdiction statewide.
Provides definitions for property and surety bonds and property and surety bond agencies.
Requires bail bond agent applicants to complete a records/ background check through WSP and the FBI.
Requires surety agencies to file a bond with DOL, or deposit into a trust account, $10,000. Property bond agencies must file a bond with DOL, or deposit into a trust account, $100,000.
Provides that it is considered unprofessional conduct for a bail bond agent to enter into a contract, including a general power of attorney, with a person that gives the bail bond agent full authority over the person's finances, assets, real property, or personal property. Failing to reasonably disclose, when requested by law enforcement, information within the bail agent's possession concerning the location of a fugitive criminal defendant is also unprofessional conduct.
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