BILL REQ. #:  Z-0872.1 

Read first time 01/16/08.   Referred to Committee on Commerce & Labor.

     AN ACT Relating to bail bond agents and bail bond recovery agents; and amending RCW 18.185.030, 18.185.060, 18.185.090, 18.185.110, 18.185.250, 18.185.260, 18.185.280, and 18.185.300.

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

Sec. 1   RCW 18.185.030 and 1993 c 260 s 4 are each amended to read as follows:
     (1) In addition to meeting the minimum requirements to obtain a license as a bail bond agent, a qualified agent must meet the following additional requirements to obtain a bail bond agency license:
     (a) Pass an examination determined by the director to measure the person's knowledge and competence in the bail bond agency business; or
     (b) Have had at least three years' experience as a manager, supervisor, or administrator in the bail bond business or a related field in Washington state as determined by the director. A year's experience means not less than two thousand hours of actual compensated work performed before the filing of an application. An applicant shall substantiate the experience by written certifications from previous employers. If the applicant is unable to supply written certifications from previous employers, applicants may offer written certifications from persons other than employers who, based on personal knowledge, can substantiate the employment; and
     (c) Pay any additional fees as established by the director.
     (2) An agency license issued under this section may not be assigned or transferred without prior written approval of the director.

Sec. 2   RCW 18.185.060 and 1993 c 260 s 7 are each amended to read as follows:
     (1) The director shall adopt rules establishing prelicense training and testing requirements for bail bond agents, which shall include ((a minimum of)) no less than four hours of classes. The director may establish, by rule, continuing education requirements for bail bond agents.
     (2) The director ((shall)) or the director's designee, with the advice of law enforcement agencies and associations, the criminal justice training commission, prosecutors' associations, or such other entities as may be appropriate, may consult with representatives of the bail bond industry and associations before adopting or amending the prelicensing training or continuing education requirements of this section.
     (3) The director may appoint an advisory committee consisting of representatives from the bail bond industry and a consumer to assist in the development of rules to implement and administer this chapter.
     (((4) A bail bond agent need not fulfill the prelicensing training requirements of this chapter if he or she, within sixty days prior to July 1, 1994, provides proof to the director that he or she previously has met the training requirements of this chapter or has been employed as a bail bond agent for at least eighteen consecutive months immediately prior to the date of application.))

Sec. 3   RCW 18.185.090 and 2004 c 186 s 7 are each amended to read as follows:
     (1) A bail bond agency shall notify the director within thirty days after the death or termination of employment of any employee who is a licensed bail bond agent.
     (2) A bail bond agency shall notify the director within seventy-two hours upon receipt of information affecting a licensed bail bond agent's continuing eligibility to hold a license under the provisions of this chapter.
     (3) A bail bond agent or bail bond recovery agent shall notify the director within seventy-two hours upon receipt of information affecting the bail bond recovery agent's continuing eligibility to hold a bail bond recovery agent's license under the provisions of this chapter.
     (4) A bail bond agent or bail bond recovery agent shall notify the director within ten business days following a forced entry for the purpose of apprehending a fugitive criminal defendant, whether planned or unplanned. The notification under this subsection must include information required by rule of the director.
     (5) A bail bond agent or bail bond recovery agent shall notify the local law enforcement agency whenever the bail bond recovery agent discharges his or her firearm while on duty, other than on a supervised firearms range. The notification must be made within ten business days of the date the firearm is discharged.

Sec. 4   RCW 18.185.110 and 2007 c 256 s 2 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) 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;
     (8) Violation of an order to cease and desist that is issued by the director under chapter 18.235 RCW;
     (9) Wearing, displaying, holding, or using badges not approved by the department;
     (10) Making any statement that would reasonably cause another person to believe that the bail bond recovery agent is a sworn peace officer;
     (11) 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) 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) Misrepresenting or knowingly making a material misstatement or omission in the application for a license;
     (14) 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; ((or))
     (15) 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) 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) Using a dog in the apprehension of a fugitive criminal defendant.

Sec. 5   RCW 18.185.250 and 2004 c 186 s 3 are each amended to read as follows:
     An applicant must meet the following requirements to obtain a bail bond recovery agent license:
     (1) Submit a fully completed application that includes proper identification on a form prescribed by the director;
     (2) Pass an examination determined by the director to measure his or her knowledge and competence in the bail recovery business;
     (3) Be at least twenty-one years old;
     (4) Be a citizen or legal resident alien of the United States;
     (5) Not have been convicted of a crime in any jurisdiction, if the director determines that the applicant's particular crime directly relates to a capacity to perform the duties of a bail bond recovery agent, and that the license should be withheld to protect the citizens of Washington state. The director shall make the director's determination to withhold a license because of previous convictions notwithstanding the restoration of employment rights act, chapter 9.96A RCW;
     (6) Not have had certification as a peace officer revoked or denied under chapter 43.101 RCW, unless certification has subsequently been reinstated under RCW 43.101.115;
     (7) Submit a receipt showing payment for a background check through the Washington state patrol and the federal bureau of investigation;
     (((7))) (8) Have a current firearms certificate issued by the commission if carrying a firearm in the performance of his or her duties as a bail bond recovery agent;
     (((8))) (9)(a) Have a current license or equivalent permit to carry a concealed pistol ((if carrying a firearm in the performance of his or her duties as a bail bond recovery agent));
     (b) A resident alien must provide a copy of his or her alien firearm license ((if carrying a firearm in the performance of his or her duties as a bail bond recovery agent)); and
     (((9))) (10)(a) Pay the required nonrefundable fee for each application for a bail bond recovery agent license;
     (b) A bail bond agent or qualified agent who wishes to perform the duties of a bail bond recovery agent must first obtain a bail bond recovery agent endorsement to his or her bail bond agent or agency license in order to act as a bail bond recovery agent, and pay the required nonrefundable fee for each application for a bail bond recovery agent endorsement.

Sec. 6   RCW 18.185.260 and 2004 c 186 s 5 are each amended to read as follows:
     (1) The director shall adopt rules establishing prelicense training and testing requirements for bail bond recovery agents, which shall include ((a minimum of four)) no less than thirty-two hours of field operations classes. The director may establish, by rule, continuing education and recertification requirements for bail bond recovery agents.
     (2) The director ((shall)) or the director's designee, with the advice of law enforcement agencies and associations, the criminal justice training commission, prosecutors' associations, or such other entities as may be appropriate, may consult with representatives of the bail bond industry and associations before adopting or amending the prelicensing training ((or continuing education requirements of this section.
     (3) A bail bond recovery agent need not fulfill the prelicensing training requirements of this chapter if he or she, within sixty days prior to July 1, 2005, provides proof to the director that he or she previously has met the training requirements of this chapter.
     (4) The director, or the director's designee, with the advice of representatives of the bail bond industry and associations, law enforcement agencies and associations, and prosecutors' associations, shall adopt rules establishing prelicense training and)), testing, and continuing education and recertification requirements of this section and shall establish minimum exam standards necessary for a bail bond recovery agent to qualify for licensure or endorsement.
     (((5))) (3) The standards ((shall be)) must include, but are not limited to, the following:
     (a) A minimum level of education or experience appropriate for performing the duties of a bail bond recovery agent;
     (b) A minimum level of knowledge in relevant areas of criminal and civil law;
     (c) A minimum level of knowledge regarding the appropriate use of force and different degrees of the use of force; and
     (d) Adequate training of the use of firearms from the criminal justice training commission ((or)), from an instructor who has been trained or certified by the criminal justice training ((center)) commission, or from another entity approved by the director.
     (((6))) (4) The legislature does not intend, and nothing in this chapter shall be construed to restrict or limit in any way the powers of bail bond agents as recognized in and derived from the United States supreme court case of Taylor v. Taintor, 16 Wall. 366 (1872).

Sec. 7   RCW 18.185.280 and 2004 c 186 s 10 are each amended to read as follows:
     (1) A person may not perform the functions of a bail bond recovery agent unless the person is licensed by the department under this chapter.
     (2) A bail bond agent may contract with a person to perform the functions of a bail bond recovery agent. Before contracting with the bail bond recovery agent, the bail bond agent must check the license issued by the department under this chapter. The requirements established by the department under this chapter do not prevent the bail bond agent from imposing additional requirements that the bail bond agent 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 bail bond agent 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 licensed 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 license.
     (5) A license or endorsement issued by the department under this chapter is valid from the date the license or endorsement is issued until its expiration date unless it is suspended or revoked by the department prior to its expiration date.
     (6) ((No person may perform the functions of a bail bond recovery agent after December 31, 2005, unless the person has first complied with the provisions of this chapter.
     (7))) Nothing in this chapter is meant to prevent a bail bond agent from contacting a fugitive criminal defendant for the purpose of requesting the surrender of the fugitive, or from accepting the voluntary surrender of the fugitive.

Sec. 8   RCW 18.185.300 and 2004 c 186 s 12 are each amended 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:
     (a) Have reasonable cause to believe that the defendant is inside the dwelling, building, or other structure where the planned forced entry is expected to occur; and
     (b) 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 contracting bail bond agent; 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:
     (a) Shall wear a shirt, vest, or other garment with the words "BAIL BOND RECOVERY AGENT," "BAIL ENFORCEMENT," or "BAIL ENFORCEMENT 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; and
     (b) May display a badge approved by the department with the words "BAIL BOND RECOVERY AGENT," "BAIL ENFORCEMENT," or "BAIL ENFORCEMENT AGENT" prominently displayed.
     (3) Any law enforcement officer who assists in or is in attendance during a planned forced entry is immune from civil action for damages arising out of actions taken by the bail bond recovery agent or agents conducting the forced entry.