PRINTER'S NO. 666
No. 615 Session of 2007
INTRODUCED BY GREENLEAF, COSTA, RAFFERTY, BOSCOLA, EARLL, STACK, BROWNE, O'PAKE, KITCHEN, WAUGH, FONTANA, GORDNER, WASHINGTON AND WOZNIAK, MARCH 21, 2007
REFERRED TO JUDICIARY, MARCH 21, 2007
AN ACT 1 Regulating bail bond enforcement agents; requiring licensure and 2 registration; and providing for penalties. 3 The General Assembly of the Commonwealth of Pennsylvania 4 hereby enacts as follows: 5 Section 1. Short title. 6 This act shall be known and may be cited as the Bail Bond 7 Enforcement Agent Law. 8 Section 2. Definitions. 9 The following words and phrases when used in this act shall 10 have the meanings given to them in this section unless the 11 context clearly indicates otherwise: 12 "Bail bond enforcement agent." A person who has a license 13 under this act to recapture suspects who are released on bail. 14 Section 3. Prohibition. 15 (a) General rule.--No person shall represent himself as or 16 act in the capacity of a bail bond enforcement agent in this 17 Commonwealth unless the person has met the requirements of this
1 act. 2 (b) Penalty.--A person who violates this section commits a 3 misdemeanor of the first degree. 4 Section 4. License requirements. 5 (a) Lethal Weapons Training Act.--In order to be licensed as 6 a bail bond enforcement agent, an applicant shall meet the 7 requirements of and complete the training under the act of 8 October 10, 1974 (P.L.705, No.235), known as the Lethal Weapons 9 Training Act. 10 (b) Application.--An applicant for a bail bond enforcement 11 agent license shall apply to the court of common pleas of the 12 county in which the applicant's principal place of business is 13 located. The application shall be on a form provided by the 14 court and shall require: 15 (1) The applicant's name, address, telephone number and 16 such other information as the court may require. 17 (2) A certification that the applicant has met the 18 requirements of and completed the training required by the 19 Lethal Weapons Training Act. 20 (3) Payment of any application fee established pursuant 21 to subsection (c). 22 (c) License.-- 23 (1) A court of common pleas shall issue a bail bond 24 enforcement agent license to an applicant meeting the 25 licensure and application requirements of this section. A 26 bail bond enforcement agent license shall be valid for five 27 years unless suspended or revoked for cause by the court. 28 (2) The court may establish fees for issuing and 29 renewing a license under this act. 30 (d) Prohibitions.-- 20070S0615B0666 - 2 -
1 (1) Except as otherwise provided in this act, no license 2 shall be issued to any person who has been convicted in this 3 Commonwealth or any other state or territory of a felony or 4 whose license has been previously revoked by the court of 5 common pleas or the authorities of any other state or 6 territory because of conviction of any crime. 7 (2) The provisions of this subsection shall not be 8 construed to prevent the issuance of a license to any person 9 who, subsequent to his conviction, receives executive pardon 10 removing this disability. 11 Section 5. Local law enforcement. 12 (a) Notice requirement.-- 13 (1) A bail bond enforcement agent who enters into a 14 municipality in pursuit of and for the purpose of capturing a 15 suspect shall, prior to taking any action in his capacity as 16 a bail bond enforcement agent, notify the chief of police of 17 the municipality in which the surveillance or apprehension is 18 to take place. Notification shall be by registration on a 19 form provided by the municipal police and shall include 20 information identifying the bail bond enforcement agent as a 21 licensed agent, the suspect and the location of the suspect 22 in the municipality. 23 (2) In case of exigent circumstances, written 24 notification shall not be required so long as prior oral 25 notification is made and the written report is submitted 26 within 24 hours after any action has been instituted within 27 the municipality. 28 (3) If the municipality does not have a police 29 department, notification shall be made to the Pennsylvania 30 State Police. 20070S0615B0666 - 3 -
1 (b) Out-of-State agent.--If the bail bond enforcement agent 2 is not a resident of this Commonwealth, the agent must be 3 licensed in the agent's state of residence. The license 4 requirements in the agent's state of residence must be 5 substantially the same as the requirements for licensure under 6 this act. 7 (c) Penalty.--A person who violates this section commits a 8 misdemeanor of the first degree. 9 Section 6. Civil damages. 10 Any bail bond enforcement agent who wrongfully causes damage 11 to any person or property, including, but not limited to, 12 trespass, unlawful arrest, unlawful detainment or assault, shall 13 be liable for such damages and may be liable for punitive 14 damages. 15 Section 7. Effective date. 16 This act shall take effect in 120 days. A19L44DMS/20070S0615B0666 - 4 -