PRINTER'S NO. 376
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
351
Session of
2017
INTRODUCED BY GREENLEAF, MARTIN, COSTA, BROWNE AND BREWSTER,
FEBRUARY 15, 2017
REFERRED TO JUDICIARY, FEBRUARY 15, 2017
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.
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(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 where 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
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 an 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
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shall be issued to a person who has been convicted in this
Commonwealth or another state or territory of a felony or
whose license has been previously revoked by the court of
common pleas or the authorities of another state or territory
because of conviction of a crime.
(2) The provisions of this subsection shall not be
construed to prevent the issuance of a license to a person
who, subsequent to conviction, receives executive pardon.
Section 5. Local law enforcement.
(a) Notice requirement.--
(1) A bail bond enforcement agent who enters into a
municipality in pursuit and for the purpose of capturing a
suspect shall, prior to taking action as a bail bond
enforcement agent, notify the chief of police of the
municipality where 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 an 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
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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.
A bail bond enforcement agent who wrongfully causes damage to
a person or property, including, but not limited to, trespass,
unlawful arrest, unlawful detainment or assault, shall be liable
for the damages and may be liable for punitive damages.
Section 7. Effective date.
This act shall take effect in 120 days.
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