[atlas:bill]

AN ACT Relating to bail enforcement agents; amending RCW 18.185.010, 18.185.040, 18.185.050, 18.185.110, 18.185.170, and 70.48.100; adding new sections to chapter 18.185 RCW; adding a new section to chapter 43.101 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1. A new section is added to chapter 18.185 RCW to read as follows:

The legislature recognizes that it is within the public interest to remove fugitives from the street and that bail enforcement agents serve a useful purpose in the criminal justice system. The legislature also recognizes that locating, apprehending, and surrendering fugitives requires special skills and knowledge, and that bail enforcement agents are often required to perform their duties under stressful and demanding conditions. Therefore, in the interest of public safety, the legislature finds it necessary for individuals to meet certain minimum qualifications before they can perform the duties of bail enforcement agents.

In addition, the legislature recognizes that bail enforcement agents often communicate with law enforcement agencies and that such communication allows the bail enforcement agent to better perform his or her duties and ensures that the local law enforcement agency is aware of the activities in its jurisdiction. The legislature therefore encourages maximum cooperation and communication between bail enforcement agents and local law enforcement agencies for the purposes of serving the public interest.

Sec. 2. RCW 18.185.010 and 1996 c 242 s 1 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) "Collateral or security" means property of any kind given as security to obtain a bail bond.

(4) "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 insure the appearance of a criminal defendant before the courts of this state or the United States.

(5) "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.

(6) "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.

(7) "Licensee" means a bail bond agency or a bail bond agent or both.

(8) "Branch office" means any office physically separated from the principal place of business of the licensee from which the licensee or an employee or agents conduct any activity meeting the criteria of ((~~[a]~~)) a bail bond agency.

(9) "Bail enforcement agent" means a person who receives compensation or reward for apprehending and surrendering a defendant for whom a bail bond has been posted. "Bail enforcement agent" does not include a bail bond agent or qualified agent who apprehends and surrenders a defendant for whom the bail bond agent or qualified agent posted a bond. "Bail enforcement agent" does not include any law enforcement officer.

(10) "Independent bail enforcement agent" means a bail enforcement agent who is not affiliated or employed by one bail bond agency, bail bond agent, or qualified agent and who enters into individual contracts with bail bond agencies, bail bond agents, or qualified agents to perform the duties of a bail enforcement agent.

(11) "Commission" means the criminal justice training commission established in chapter 43.101 RCW.

(12) "Planned forced entry" means a premeditated forcible entry into a building or dwelling without the occupants' knowledge or consent for the purpose of apprehending a defendant suspected of hiding or otherwise securing himself or herself in the building or dwelling. "Planned forced entry" does not include situations when, during the actual chase of a fleeing defendant, the bail enforcement agent enters into a building or dwelling without advanced planning.

NEW SECTION. Sec. 3. A new section is added to chapter 18.185 RCW to read as follows:

(1) A person must meet the following minimum requirements to obtain a bail enforcement agent license:

(a) Be at least twenty-one years of age;

(b) Be a citizen or resident alien of the United States;

(c) Not have been convicted of a crime in any jurisdiction in the preceding ten years that the director determines directly relates to the capacity to perform the duties of a bail enforcement agent. If the director determines that the person should not be allowed to act as a bail enforcement agent for the protection of the citizens of Washington state, the director's determination must be consistent with the restoration of employment rights act, chapter 9.96A RCW;

(d) Not currently be engaged in law enforcement or be vested with police powers;

(e) Have passed a written examination given by the department measuring knowledge and competence of the bail bond business and relevant statutes and case law. The department shall formulate the examination after consulting with the bail bond industry;

(f) Have a license to carry a concealed pistol;

(g) Have a current firearms certificate issued by the commission; and

(h) Have filed with the director the bond required in subsection (2) of this section if the applicant is not employed by or does not have an employment offer from a licensed bail bond agency, bail bond agent, or qualified agent.

(2)(a) No bail enforcement agent license may be issued under this chapter to an applicant who will act as an independent bail enforcement agent unless the person 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 conditioned to recover against the independent bail enforcement agent and his or her servants, officers, and employees for injury or damages or for violation of any provision in this chapter. The bond shall be made payable to the state of Washington, and anyone so injured by the independent bail enforcement agent or his or her servants, officers, or employees may bring suit upon the bond in any county in which jurisdiction over the independent bail enforcement agent may be obtained. The suit must be brought no later than two years after the injury. An action upon the bond is not an exclusive remedy.

(b) Every independent bail enforcement agent must at all times maintain on file with the director, and in full force and effect, the bond required by this section. Upon failure by an independent bail enforcement agent to do so, the director shall suspend the independent bail enforcement agent's license and shall not reinstate the license until this requirement is met.

(c) In lieu of posting a bond, an independent bail enforcement agent may deposit in an interest-bearing account the amount required.

(3) The department shall issue a bail enforcement agent license to any person satisfying the requirements in subsection (1) of this section.

NEW SECTION. Sec. 4. A new section is added to chapter 18.185 RCW to read as follows:

Any bail bond agent or qualified agent licensed under this chapter who apprehends and surrenders defendants for whom the bail bond agency, bail bond agent, or qualified agent posted bond must obtain the same firearms training as required of bail enforcement agents and possess a license to carry a concealed pistol and a current firearms certificate issued by the commission.

NEW SECTION. Sec. 5. A new section is added to chapter 18.185 RCW to read as follows:

(1) Before a bail enforcement agent, bail bond agent, or qualified agent can apprehend a defendant in a planned forced entry, he or she must notify the law enforcement agencies in the local jurisdiction in which the apprehension will take place. Notification must include, but is not limited to, the name of the defendant, the address of the building or dwelling where the planned forced entry will occur, the name of the bail enforcement agent, bail bond agent, or qualified agent, and the offense the defendant allegedly committed.

(2) During a planned forced entry, a bail enforcement agent, bail bond agent, or qualified agent shall wear a garment, such as a vest, bib, or shirt, with the words "BAIL ENFORCEMENT AGENT" printed across the garment. The lettering must be in large block print so that the wearer is readily and easily identified as a bail enforcement agent from both the front and the back of the wearer.

Sec. 6. RCW 18.185.040 and 1993 c 260 s 5 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~~)) shall require any information and documentation that reasonably relates to the need to determine whether the applicant meets the criteria, which may include fingerprints.

(2) Applications to obtain a bail enforcement agent license shall be filed with the director on a form provided by the director. The director shall require information and documentation that reasonably relates to determining whether the applicant satisfies the prerequisites to obtain a bail enforcement agent license.

(3) After receipt of an application for a license, the director ((~~may~~)) shall conduct an investigation to determine whether the facts set forth in the application are true.

Sec. 7. RCW 18.185.050 and 1993 c 260 s 6 are each amended to read as follows:

(1) The director shall issue a bail bond agent license card to each licensed bail bond agent. A bail bond agent shall carry the license card whenever he or she is performing the duties of a bail bond agent and shall exhibit the card upon request.

(2) The director shall issue a license certificate to each licensed bail bond agency.

(a) Within seventy-two hours after receipt of the license certificate, the licensee shall post and display the certificate in a conspicuous place in the principal office of the licensee within the state.

(b) It is unlawful for any person holding a license certificate to knowingly and willfully post the license certificate upon premises other than those described in the license certificate or to materially alter a license certificate.

(c) Every advertisement by a licensee that solicits or advertises business shall contain the name of the licensee, the address of record, and the license number as they appear in the records of the director.

(d) The licensee shall notify the director within thirty days of any change in the licensee's officers or directors or any material change in the information furnished or required to be furnished to the director.

(3)(a) The director shall issue a bail enforcement agent license to each person who satisfies the requirements of section 3 of this act. The license is valid for two years from the date it is issued unless suspended or revoked prior to that date. Licensed bail enforcement agents may obtain, at their own expense, badges of a uniform design that has been approved by the director. The director shall consult with the law enforcement and bail bond industry before approving the design.

(b) A bail enforcement agent is required to take an updated written examination every two years. Upon application for renewal of a bail enforcement agent license, the director may conduct an investigation and background check to determine if the applicant continues to meet the qualifications to perform the duties of a bail enforcement agent. In addition, a bail enforcement agent is required to renew his or her firearms certificates annually.

Sec. 8. RCW 18.185.110 and 1993 c 260 s 12 are each amended to read as follows:

The following acts are prohibited and constitute grounds for disciplinary action or denial, suspension, or revocation of any license under this chapter, as deemed appropriate by the director:

(1) Knowingly violating any of the provisions of this chapter or the rules adopted under this chapter;

(2) Knowingly making a material misstatement or omission in the application for or renewal of a license;

(3) Failing to meet the qualifications set forth in RCW 18.185.020 and 18.185.030;

(4) Failing to meet the requirements established in section 3 of this act;

(5) Conviction of a gross misdemeanor or felony or the commission of any act involving moral turpitude, dishonesty, or corruption whether the act constitutes a crime or not. If the act constitutes a crime, conviction in a criminal proceeding is not a condition precedent to disciplinary action. Upon such a conviction, however, the judgment and sentence is conclusive evidence at the ensuing disciplinary hearing of the guilt of the license holder or applicant of the crime described in the indictment or information, and of the person's violation of the statute on which it is based. For the purposes of this section, conviction includes all instances in which a plea of guilty or nolo contendere is the basis for the conviction and all proceedings in which the sentence has been deferred or suspended. Nothing in this section abrogates rights guaranteed under chapter 9.96A RCW;

((~~(5)~~)) (6) Advertising that is false, fraudulent, or misleading;

((~~(6)~~)) (7) Incompetence or negligence that results in injury to a person or that creates an unreasonable risk that a person may be harmed;

((~~(7)~~)) (8) Suspension, revocation, or restriction of the individual's license to practice the profession by competent authority in any state, federal, or foreign jurisdiction, a certified copy of the order, stipulation, or agreement being conclusive evidence of the revocation, suspension, or restriction;

((~~(8)~~)) (9) Failure to cooperate with the director by not:

(a) Furnishing any necessary papers or documents requested by the director for purposes of conducting an investigation for disciplinary action, denial, suspension, or revocation of a license under this chapter;

(b) Furnishing in writing a full and complete explanation covering the matter contained in a complaint filed with the department; or

(c) Responding to subpoenas issued by the director, whether or not the recipient of the subpoena is the accused in the proceeding;

((~~(9)~~)) (10) Failure to comply with an order issued by the director or an assurance of discontinuance entered into with the director;

((~~(10)~~)) (11) Aiding or abetting an unlicensed person to practice if a license is required;

((~~(11)~~)) (12) 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;

((~~(12)~~)) (13) Failure to adequately supervise employees to the extent that the client funds are at risk;

((~~(13)~~)) (14) Interference with an investigation or disciplinary proceeding by willful misrepresentation of facts before the director or the director's authorized representative, or by the use of threats or harassment against any client or witness to prevent them from providing evidence in a disciplinary proceeding or any other legal action;

((~~(14)~~)) (15) Assigning or transferring any license issued pursuant to the provisions of this chapter, except as provided in RCW 18.185.030;

((~~(15)~~)) (16) 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;

((~~(16)~~)) (17) Failing to keep records, maintain a trust account, or return collateral or security, as required by RCW 18.185.100;

((~~(17)~~)) (18) Any conduct in a bail bond transaction which demonstrates bad faith, dishonesty, or untrustworthiness; ((or

~~(18)~~)) (19) Violation of an order to cease and desist that is issued by the director under this chapter;

(20) Employing, hiring, or receiving any assistance from a person performing the functions and duties of a bail enforcement agent who does not have a valid, current license issued by the department or who does not have a valid, current firearms certificate issued by the commission;

(21) Failure to notify local law enforcement agencies before apprehending a defendant in a planned forced entry;

(22) Failure to wear identifying garments during a planned forced entry; or

(23) Using a defendant's photograph received from a law enforcement agency for any purposes other than identification of the defendant or disseminating the photograph to third parties not involved in the actual apprehension and surrender of the defendant.

Sec. 9. RCW 18.185.170 and 1993 c 260 s 18 are each amended to read as follows:

(1) The director shall investigate complaints concerning practice by unlicensed persons of a profession or business for which a license is required by this chapter. In the investigation of the complaints, the director has the same authority as provided the director under RCW 18.185.140. The director shall issue a cease and desist order to a person after notice and hearing and upon a determination that the person has violated this subsection. If the director makes a written finding of fact that the public interest will be irreparably harmed by delay in issuing an order, the director may issue a temporary cease and desist order. The cease and desist order shall not relieve the person practicing or operating a business without a license from criminal prosecution therefor, but the remedy of a cease and desist order shall be in addition to any criminal liability. The cease and desist order is conclusive proof of unlicensed practice and may be enforced under RCW 7.21.060. This method of enforcement of the cease and desist order may be used in addition to, or as an alternative to, any provisions for enforcement of agency orders.

(2) The attorney general, a county prosecuting attorney, the director, or any person may, in accordance with the law of this state governing injunctions, maintain an action in the name of this state to enjoin any person practicing a profession or business for which a license is required by this chapter without a license from engaging in such practice or operating such business until the required license is secured. However, the injunction shall not relieve the person practicing or operating a business without a license from criminal prosecution therefor, but the remedy by injunction shall be in addition to any criminal liability.

(3) After June 30, 1994, any person who performs the functions and duties of a bail bond agent in this state without being licensed in accordance with the provisions of this chapter, or any person presenting or attempting to use as his or her own the license of another, or any person who gives false or forged evidence of any kind to the director in obtaining a license, or any person who falsely impersonates any other licensee, or any person who attempts to use an expired or revoked license, or any person who violates any of the provisions of this chapter is guilty of a gross misdemeanor.

(4) After January 1, 1994, a person is guilty of a gross misdemeanor if he or she owns or operates a bail bond agency in this state without first obtaining a bail bond agency license.

(5) After June 30, 1994, the owner or qualified agent of a bail bond agency is guilty of a gross misdemeanor if he or she employs any person to perform the duties of a bail bond agent without the employee having in his or her possession a permanent bail bond agent license issued by the department.

(6) After July 1, 2000, any person who performs the functions and duties of a bail enforcement agent in this state without being licensed in accordance with this chapter, or any person presenting or attempting to use as his or her own the license of another, or any person who falsely claims to be a bail enforcement agent or creates an impression that he or she is a bail enforcement agent, or any person who gives false or forged evidence of any kind to the director in obtaining a license, or any person who violates any of the provisions of this chapter is guilty of a gross misdemeanor.

(7) All fees, fines, forfeitures, and penalties collected or assessed by a court because of a violation of this section shall be remitted to the department.

NEW SECTION. Sec. 10. A new section is added to chapter 18.185 RCW to read as follows:

(1)(a) A bail enforcement agent from another state who is not licensed in Washington may operate temporarily in this state for up to thirty days per year if the bail enforcement agent obtains a temporary bail enforcement agent license from the director or the bail enforcement agent from another state works under direct supervision of a Washington state-licensed bail enforcement agent for the period in which the bail enforcement agent will operate in this state. If the bail enforcement agent from another state is working under the direct supervision of a Washington state-licensed bail enforcement agent, the Washington state-licensed bail enforcement agent must be physically present during the actual apprehension of the defendant.

(b) The director may issue a temporary bail enforcement agent license to a person from another state who the director finds is sufficiently qualified to act as a bail enforcement agent in this state. The director may consider whether the person is certified or licensed as a bail enforcement agent in another state.

(2) A bail enforcement agent from another state operating in this state under subsection (1) of this section may apply to the department for a limited extension of the thirty-day-per-year time period.

(3) Except as provided in subsection (5) of this section, bail enforcement agents from other states may not carry firearms while in the performance of their duties in Washington.

(4) A person from another state who is not licensed in Washington and is operating temporarily in Washington may not solicit business in this state or represent himself or herself as being licensed in this state.

(5) The director may establish an agreement with another state whereby the other state's licensed or certified bail enforcement agents may be licensed in Washington if the director determines that the other state has acceptable standards for bail enforcement agents to reasonably meet the standards in Washington and the other state authorizes Washington's licensed bail enforcement agents to operate in that state. The agreement may authorize the other state's bail enforcement agents to carry firearms while performing their duties in Washington if the director determines that the other state has acceptable standards for bail enforcement agents to reasonably meet the firearms training standards in Washington and the other state authorizes Washington's licensed bail enforcement agents to carry firearms while operating in that state.

(6) Any person who performs the functions and duties of a bail enforcement agent in this state in violation of this section is guilty of a gross misdemeanor.

NEW SECTION. Sec. 11. A new section is added to chapter 18.185 RCW to read as follows:

(1)(a) Upon request of the bail bond agency, bail bond agent, or qualified agent, the law enforcement agency that arrested the defendant for the crime under which the defendant obtained bail shall provide to the bail bond agency, bail bond agent, or qualified agent a photograph of the defendant, if one was taken when the defendant was arrested. Before the law enforcement agency releases any photograph, it may require the bail bond agency, bail bond agent, or qualified agent to present copies of the bond agreement, warrant, indemnitor withdrawal, or other documentation authorizing the apprehension and surrender of the defendant.

(b) A bail bond agency, bail bond agent, or qualified agent may use the photograph only for the purposes of correctly identifying the defendant who will be apprehended and surrendered. The bail bond agency, bail bond agent, or qualified agent may not disseminate the photograph to any person other than the bail enforcement agent assigned to apprehend and surrender the defendant.

(2) During the actual apprehension of a defendant, a bail enforcement agent shall have with him or her copies of the bond agreement, warrant, indemnitor withdrawal, or other documentation authorizing the apprehension of the defendant and must exhibit such documentation upon request.

(3) When performing the duties of a bail enforcement agent, the person must carry on his or her person the bail enforcement agent's license indicating the person is currently licensed by the department to act as a bail enforcement agent in this state and must exhibit such proof upon request.

NEW SECTION. Sec. 12. A new section is added to chapter 43.101 RCW to read as follows:

The commission shall establish a program for issuing firearms certificates to bail enforcement agents for the purposes of obtaining bail enforcement agent licenses. The commission shall adopt rules establishing the fees, training requirements, and procedures for obtaining and annually renewing firearms certificates. The fees charged by the commission shall recover the costs incurred by the commission in administering the firearms certificate program.

(1) Firearms training must be provided by an organization or trainer approved by the commission and must consist of at least eight hours of classes and proficiency training.

(2) Applications for firearms certificates shall be filed with the commission on a form provided by the commission. The commission may require any information and documentation that reasonably relates to the need to determine whether the applicant qualifies for a firearms certificate.

(3) The commission shall consult with the private bail enforcement agent and bail bond industry and law enforcement before adopting or amending the training requirements of this section.

(4) The commission may adopt rules that are reasonable and necessary for the effective implementation and administration of this section consistent with chapter 34.05 RCW.

Sec. 13. RCW 70.48.100 and 1990 c 3 s 130 are each amended to read as follows:

(1) A department of corrections or chief law enforcement officer responsible for the operation of a jail shall maintain a jail register, open to the public, into which shall be entered in a timely basis:

(a) The name of each person confined in the jail with the hour, date and cause of the confinement; and

(b) The hour, date and manner of each person's discharge.

(2) Except as provided in subsection (3) of this section the records of a person confined in jail shall be held in confidence and shall be made available only to criminal justice agencies as defined in RCW 43.43.705; or

(a) For use in inspections made pursuant to RCW 70.48.070;

(b) In jail certification proceedings;

(d) Upon the written permission of the person.

(3)(a) Law enforcement may use booking photographs of a person arrested or confined in a local or state penal institution to assist them in conducting investigations of crimes. Law enforcement may release a booking photograph of a person to the bail bond agency, bail bond agent, or qualified agent, as defined in RCW 18.185.010, that issued the bail bond to release the defendant.

(b) Photographs and information concerning a person convicted of a sex offense as defined in RCW 9.94A.030 may be disseminated as provided in RCW 4.24.550, 9A.44.130, 9A.44.140, 10.01.200, 43.43.540, 43.43.745, 46.20.187, 70.48.470, 72.09.330, and section 401, chapter 3, Laws of 1990.