1Regulating bail bond enforcement agents; requiring licensure and
2registration; and providing for penalties.

3The General Assembly of the Commonwealth of Pennsylvania
4hereby enacts as follows:

5Section 1.  Short title.

6This act shall be known and may be cited as the Bail Bond
7Enforcement Agent Act.

8Section 2.  Definitions.

9The following words and phrases when used in this act shall
10have the meanings given to them in this section unless the
11context clearly indicates otherwise:

12"Bail bond enforcement agent."  A person who has a license 
13under this act to recapture suspects who are released on bail.

14Section 3.  Prohibition.

15(a)  General rule.--No person shall represent himself as or
16act in the capacity of a bail bond enforcement agent in this
17Commonwealth unless the person has met the requirements of this
18act.

1(b)  Penalty.--A court of common pleas may impose a civil 
2penalty of up to $10,000 on a person who violates this section.

3Section 4.  License requirements.

4(a)  Lethal Weapons Training Act.--In order to be licensed as 
5a bail bond enforcement agent, an applicant shall meet the 
6requirements of and complete the training under the act of 
7October 10, 1974 (P.L.705, No.235), known as the Lethal Weapons 
8Training Act.

9(b)  Application.--An applicant for a bail bond enforcement
10agent license shall apply to the court of common pleas of the
11county in which the applicant's principal place of business is
12located. The application shall be on a form provided by the
13court and shall require:

14(1)  The applicant's name, address, telephone number and
15such other information as the court may require.

16(2)  A certification that the applicant has met the
17requirements of and completed the training required by the
18Lethal Weapons Training Act.

19(3)  Payment of any application fee established under
20subsection (c).

21(c)  License.--

22(1)  A court of common pleas shall issue a bail bond
23enforcement agent license to an applicant meeting the
24licensure and application requirements of this section. A
25bail bond enforcement agent license shall be valid for five
26years unless suspended or revoked for cause by the court.

27(2)  The court may establish fees for issuing and
28renewing a license under this act.

29(d)  Prohibitions.--

30(1)  Except as otherwise provided in this act, no license

1shall be issued to any person who has been convicted in this
2Commonwealth or any other state or territory of a felony or
3whose license has been previously revoked by the court of
4common pleas or the authorities of any other state or
5territory because of conviction of any crime.

6(2)  The provisions of this subsection shall not be
7construed to prevent the issuance of a license to any person
8who, subsequent to his conviction, receives executive pardon
9removing this disability.

10Section 5.  Local law enforcement.

11(a)  Notice requirement.--

12(1)  A bail bond enforcement agent who enters into a
13municipality in pursuit of and for the purpose of capturing a
14suspect shall, prior to taking any action in his capacity as
15a bail bond enforcement agent, notify the chief of police of
16the municipality in which the surveillance or apprehension is
17to take place. Notification shall be by registration on a
18form provided by the municipal police and shall include
19information identifying the bail bond enforcement agent as a
20licensed agent, the suspect and the location of the suspect
21in the municipality.

22(2)  In case of exigent circumstances, written
23notification shall not be required so long as prior oral
24notification is made and the written report is submitted
25within 24 hours after any action has been instituted within
26the municipality.

27(3)  If the municipality does not have a police
28department, notification shall be made to the Pennsylvania
29State Police.

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

1is not a resident of this Commonwealth, the agent must be
2licensed in the agent's state of residence. The license
3requirements in the agent's state of residence must be
4substantially the same as the requirements for licensure under
5this act.

6(c)  Penalty.--A court of common pleas may impose a civil 
7penalty of up to $10,000 on a person who violates this section.

8Section 6.  Civil damages.

9Any bail bond enforcement agent who wrongfully causes damage
10to any person or property, including, but not limited to,
11trespass, unlawful arrest, unlawful detainment or assault, shall
12be liable for such damages and may be liable for punitive
13damages.

14Section 7.  Effective date.

15This act shall take effect in 120 days.