PRINTER'S NO. 207
No. 215 Session of 2005
INTRODUCED BY GREENLEAF, ORIE, COSTA, LEMMOND, O'PAKE, BOSCOLA,
STACK, EARLL, KASUNIC, GORDNER, KITCHEN, ERICKSON AND WAUGH,
FEBRUARY 8, 2005
REFERRED TO JUDICIARY, FEBRUARY 8, 2005
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.--A court of common pleas shall issue a bail
23 bond enforcement agent license to an applicant meeting the
24 licensure and application requirements of this section. A bail
25 bond enforcement agent license shall be valid for five years
26 unless suspended or revoked for cause by the court. The court
27 may establish fees for issuing and renewing a license under this
28 act.
29 (d) Prohibitions.--Except as hereinafter provided, no
30 license shall be issued to any person who has been convicted in
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1 this Commonwealth or any other state or territory of a felony or
2 whose license has been previously revoked by the court of common
3 pleas or the authorities of any other state or territory because
4 of conviction of any crime. The provisions of this subsection
5 shall not prevent the issuance of a license to any person who,
6 subsequent to his conviction, shall have received executive
7 pardon removing this disability.
8 Section 5. Local law enforcement.
9 (a) Notice requirement.--A bail bond enforcement agent who
10 enters into a municipality in pursuit of and for the purpose of
11 capturing a suspect shall, prior to taking any action in his
12 capacity as a bail bond enforcement agent, notify the chief of
13 police of the municipality in which the surveillance or
14 apprehension is to take place. Notification shall be by
15 registration on a form provided by the municipal police and
16 shall include information identifying the bail bond enforcement
17 agent as a licensed agent, the suspect and the location of the
18 suspect in the municipality. In case of exigent circumstances,
19 written notification shall not be required so long as prior oral
20 notification is made and the written report is submitted within
21 24 hours after any action has been instituted within the
22 municipality. If the municipality does not have a police
23 department, notification shall be made to the Pennsylvania State
24 Police.
25 (b) Out-of-State agent.--If the bail bond enforcement agent
26 is not a resident of this Commonwealth, the agent must be
27 licensed in the agent's state of residence. The license
28 requirements in the agent's state of residence must be
29 substantially the same as the requirements for licensure under
30 this act.
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1 (c) Penalty.--A person who violates this section commits a
2 misdemeanor of the first degree.
3 Section 6. Civil damages.
4 Any bail bond enforcement agent who wrongfully causes damage
5 to any person or property, including, but not limited to,
6 trespass, unlawful arrest, unlawful detainment or assault, shall
7 be liable for such damages and may be liable for punitive
8 damages.
9 Section 7. Effective date.
10 This act shall take effect in 120 days.
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