THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY GREENLEAF, BROWNE, KITCHEN AND TARTAGLIONE, JANUARY 12, 2011

REFERRED TO JUDICIARY, JANUARY 12, 2011  

AN ACT

Regulating bail bond enforcement agents; requiring licensure and

registration; and providing for penalties.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Bail Bond

Enforcement Agent Act.

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Bail bond enforcement agent."  A person who has a license

under this act to recapture suspects who are released on bail.

Section 3.  Prohibition.

(a)  General rule.--No person shall represent himself as or

act in the capacity of a bail bond enforcement agent in this

Commonwealth unless the person has met the requirements of this

act.

(b)  Penalty.--A court of common pleas may impose a civil

penalty of up to $10,000 on a person who violates this section.

Section 4.  License requirements.

(a)  Lethal Weapons Training Act.--In order to be licensed as

a bail bond enforcement agent, an applicant shall meet the

requirements of and complete the training under the act of

October 10, 1974 (P.L.705, No.235), known as the Lethal Weapons

Training Act.

(b)  Application.--An applicant for a bail bond enforcement

agent license shall apply to the court of common pleas of the

county in which the applicant's principal place of business is

located. The application shall be on a form provided by the

court and shall require:

(1)  The applicant's name, address, telephone number and

such other information as the court may require.

(2)  A certification that the applicant has met the

requirements of and completed the training required by the

Lethal Weapons Training Act.

(3)  Payment of any application fee established under

subsection (c).

(c)  License.--

(1)  A court of common pleas shall issue a bail bond

enforcement agent license to an applicant meeting the

licensure and application requirements of this section. A

bail bond enforcement agent license shall be valid for five

years unless suspended or revoked for cause by the court.

(2)  The court may establish fees for issuing and

renewing a license under this act.

(d)  Prohibitions.--

(1)  Except as otherwise provided in this act, no license

shall be issued to any person who has been convicted in this

Commonwealth or any other state or territory of a felony or

whose license has been previously revoked by the court of

common pleas or the authorities of any other state or

territory because of conviction of any crime.

(2)  The provisions of this subsection shall not be

construed to prevent the issuance of a license to any person

who, subsequent to his conviction, receives executive pardon

removing this disability.

Section 5.  Local law enforcement.

(a)  Notice requirement.--

(1)  A bail bond enforcement agent who enters into a

municipality in pursuit of and for the purpose of capturing a

suspect shall, prior to taking any action in his capacity as

a bail bond enforcement agent, notify the chief of police of

the municipality in which the surveillance or apprehension is

to take place. Notification shall be by registration on a

form provided by the municipal police and shall include

information identifying the bail bond enforcement agent as a

licensed agent, the suspect and the location of the suspect

in the municipality.

(2)  In case of exigent circumstances, written

notification shall not be required so long as prior oral

notification is made and the written report is submitted

within 24 hours after any action has been instituted within

the municipality.

(3)  If the municipality does not have a police

department, notification shall be made to the Pennsylvania

State Police.

(b)  Out-of-State agent.--If the bail bond enforcement agent

is not a resident of this Commonwealth, the agent must be

licensed in the agent's state of residence. The license

requirements in the agent's state of residence must be

substantially the same as the requirements for licensure under

this act.

(c)  Penalty.--A court of common pleas may impose a civil

penalty of up to $10,000 on a person who violates this section.

Section 6.  Civil damages.

Any bail bond enforcement agent who wrongfully causes damage

to any person or property, including, but not limited to,

trespass, unlawful arrest, unlawful detainment or assault, shall

be liable for such damages and may be liable for punitive

damages.

Section 7.  Effective date.

This act shall take effect in 120 days.