BILL REQ. #:  H-3418.2 

Prefiled 12/23/2003. Read first time 01/12/2004.   Referred to Committee on Commerce & Labor.

     AN ACT Relating to bail bond recovery agents; amending RCW 18.185.010, 18.185.110, and 18.185.170; adding new sections to chapter 18.185 RCW; creating a new section; and prescribing penalties.

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

NEW SECTION.  Sec. 1   The legislature recognizes that bail bond agents and bail bond recovery agents serve a necessary and important purpose in the criminal justice system by locating, apprehending, and surrendering fugitives. The legislature also recognizes that locating, apprehending, and surrendering fugitives requires special skills and knowledge; that bail bond recovery agents are often required to perform their duties under stressful and demanding conditions; and that it serves the public interest to have qualified people performing such essential functions. The legislature does not intend by this act to restrict or limit in any way the powers of bail bond recovery agents as recognized in and derived from the United States Supreme Court case of Taylor v. Taintor, 16 Wall. 366 (1872).

Sec. 2   RCW 18.185.010 and 2000 c 171 s 40 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)), and a qualified agent, or their designees.
     (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 agent((s)) of the licensee conducts any activity meeting the criteria of a bail bond agency.
     (9) "Bail bond recovery agent" means a person who is under contract with a licensee to receive compensation, reward, or any other form of lawful consideration for locating, apprehending, and surrendering another person for whom a bail bond has been posted. "Bail bond recovery agent" does not include a licensee, a general authority Washington peace officer, or a limited authority Washington peace officer.
     (10) "Contract" means a written agreement between a licensee and a bail bond recovery agent for the purpose of locating, apprehending, and surrendering a fugitive in exchange for lawful consideration.
     (11) "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 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 defendant, or during a casual or unintended encounter with the defendant, the bail bond recovery agent forcibly enters into a dwelling, building, or other structure without advanced planning.

NEW SECTION.  Sec. 3   A new section is added to chapter 18.185 RCW to read as follows:
     (1) A person may not perform the functions of a bail bond recovery agent unless the person is certified by the department under this chapter.
     (2) A licensee may contract with a person to perform the functions of a bail bond recovery agent. Before contracting with the bail bond recovery agent, the licensee must be satisfied that the person has met the minimum requirements established by the department under this chapter. The licensee may require any information or documentation from the person to determine whether the person meets the requirements established by the department under this chapter. The requirements established by the department under this chapter must not prevent the licensee from imposing additional requirements that the licensee considers appropriate.
     (3) A contract entered into under this chapter is authority for the person to perform the functions of a bail bond recovery agent as specifically authorized by the contract and in accordance with applicable law. A contract entered into by a licensee with a bail bond recovery agent is not transferable by the bail bond recovery agent to another bail bond recovery agent.
     (4) Whenever a person certified by the department as a bail bond recovery agent is engaged in the performance of the person's duties as a bail bond recovery agent, the person must carry a copy of the certificate and must exhibit a copy of the certificate upon request.
     (5) The director shall adopt rules establishing the minimum requirements to obtain a bail bond recovery agent certificate to be issued by the department. The director, or the director's designee, shall also develop a format for the certificate issued by the department under this section. In creating the proposed rules and format, the director, or the director's designee, shall consult with representatives from the bail bond and bail bond recovery industry, law enforcement agencies and associations, prosecutor's associations, and other agencies or associations the director finds appropriate. The minimum requirements are limited to:
     (a) A minimum level of education or experience appropriate for performing the functions of a bail bond recovery agent;
     (b) A minimum level of instruction in relevant areas of criminal and civil law;
     (c) A minimum level of instruction regarding appropriate use of force at different levels;
     (d) A minimum level of training in the use of firearms from the criminal justice training commission or from instructors certified or trained by the criminal justice training commission;
     (e) An absence of any felony conviction; and
     (f) Possession of a valid concealed pistol license.
     (6) A certificate issued by the department under this chapter is valid for four years from the date the certificate is issued unless suspended or revoked by the department prior to the expiration of the four-year period.
     (7) No person may perform the functions of a bail bond recovery agent after December 31, 2005, unless the person has first complied with the certification provisions of this chapter.

NEW SECTION.  Sec. 4   A new section is added to chapter 18.185 RCW to read as follows:
     A bail bond recovery agent from another state who is not certified under this chapter may not perform the functions of a bail bond recovery agent in this state unless the agent is working under the direct supervision of a certified bail bond recovery agent.

NEW SECTION.  Sec. 5   A new section is added to chapter 18.185 RCW to read as follows:
     (1) Before a bail bond recovery agent may apprehend a person subject to a bail bond in a planned forced entry, the bail bond recovery agent must notify an appropriate law enforcement agency in the local jurisdiction in which the apprehension is expected to occur. Notification must include, at a minimum, the name of the defendant; the address, or the approximate location if the address is undeterminable, of the dwelling, building, or other structure where the planned forced entry is expected to occur; the name of the bail bond recovery agent; the name of the licensee; and the alleged offense or conduct the defendant committed that resulted in the issuance of a bail bond.
     (2) During the actual planned forced entry, a bail bond recovery agent shall wear a shirt, vest, or other garment with the words "BAIL RECOVERY AGENT" displayed in at least two inch high reflective print letters across the front and back of the garment and in a contrasting color to that of the garment.

Sec. 6   RCW 18.185.110 and 2002 c 86 s 251 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 and 18.185.030;
     (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;
     (4) Assigning or transferring any license issued pursuant to the provisions of this chapter, except as provided in RCW 18.185.030;
     (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) Failing to keep records, maintain a trust account, or return collateral or security, as required by RCW 18.185.100;
     (7) Any conduct in a bail bond transaction which demonstrates bad faith, dishonesty, or untrustworthiness; ((or))
     (8) Violation of an order to cease and desist that is issued by the director under this chapter;
     (9) Using the services of a person performing the functions of a bail bond recovery agent who has not been certified by the department as required by this chapter; or
     (10) Using the services of a person performing the functions of a bail bond recovery agent without first entering into a contract with the person as required by this chapter.

Sec. 7   RCW 18.185.170 and 2002 c 86 s 254 are each amended to read as follows:
     (1) ((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.
     (2) ((After January 1, 1994,)) A person is guilty of a gross misdemeanor if ((he or she)) the person owns or operates a bail bond agency in this state without first obtaining a bail bond agency license.
     (3) ((After June 30, 1994,)) The owner or qualified agent of a bail bond agency is guilty of a gross misdemeanor if ((he or she)) the owner or qualified agent employs any person to perform the duties of a bail bond agent without the employee having in ((his or her)) the employee's possession a permanent bail bond agent license issued by the department.
     (4) After December 31, 2005, a person is guilty of a gross misdemeanor if:
     (a) The person performs the functions of a bail bond recovery agent without first obtaining a certificate from the department and entering into a contract with a licensee as required by this chapter; or, in the case of a bail bond recovery agent from another state, the person performs the functions of a bail bond recovery agent without operating under the direct supervision of a certified bail bond recovery agent as required by this chapter; or
     (b) The person conducts a planned forced entry without first complying with the requirements of this chapter.