HCS HB 953 & 1007 -- BAIL BONDSMAN AND PRIVATE INVESTIGATOR
LICENSING

SPONSOR:  Kissell

COMMITTEE ACTION:  Voted "do pass" by the Committee on Public
Safety and Law Enforcement by a vote of 16 to 0.

This substitute contains provisions relating to bail bonding
agents.  The substitute:

(1)  Establishes the requirements for a valid bail bond;

(2)  Establishes qualifications of a person wishing to act as a
surety agent;

(3)  Specifies what is a breach of the undertaking of bail and
if a defendant is found to be in violation, allows the surety to
take custody;

(4)  Requires surety agents to be given copies of arrest
warrants or copies of the undertaking upon surrender of
defendants.  Courts having jurisdiction must order that the
surety be exonerated from liability upon surrender of the
defendant;

(5)  Allows surety agents to apprehend defendants anywhere
within the state.  After apprehension the surety must notify the
local law enforcement agency where the apprehension occurred;

(6)  Requires the court to give the surety notice of the
defendant's court appearance;

(7)  Allows the court, upon failure of the defendant to appear,
to order the forfeiture of bond and order an execution hearing.
A judgment of forfeiture cannot be rendered for certain reasons
which are specified in the substitute;

(8)  Requires bail agents and insurers to issue receipts when
receiving collateral for services;

(9)  Lists the types of bonds which may be used to post bail on
arrest warrants or other undertakings;

(10)  Contains requirements persons must meet to be eligible to
be a licensed bail bond agent or recovery agent;

(11)  Requires persons wishing to be bail bond agents to make
application with the Department of Insurance and meet certain
requirements established by the substitute;

(12)  Prohibits certain persons from becoming bail bond agents
or from receiving any benefits from the execution of any bail
bond; and

(13)  Contains the percentage rates for bonds.

FISCAL NOTE:  Estimated Net Income to Insurance Dedicated Fund
of $116 in FY 1999, $12,182 in FY 2000, and $11,352 in FY 2001.
Estimated Net Cost to General Revenue Fund of $0 to $100,000 in
FY 1999, FY 2000, and FY 2001.

PROPONENTS:  Supporters say that the bill is necessary to make
bail enforcement agents accountable for their actions.  The bill
contains a number of training and screening provisions to ensure
that only qualified applicants are licensed.

Testifying for the bill were Representative Leake; United Surety
Agents of Missouri; and Professional and Bail Agents of the
United States.

OPPONENTS:  There was no opposition voiced to the committee.

Sarah Madden, Legislative Analyst

HB 953 -- Bail Bonding Agents

Co-Sponsors:  Leake, Kissell

This bill contains provisions relating to bail bonding agents.
The bill:

(1)  Establishes the requirements for a valid bail bond;

(2)  Establishes qualifications of a person wishing to act as a
surety agent;

(3)  Specifies what is a breach of the undertaking of bail and
if a defendant is found to be in violation, allows the surety to
take custody;

(4) Requires surety agents to be given copies of arrest warrants
or copies of the undertaking upon surrender of defendants.
Courts having jurisdiction must order that the surety be
exonerated from liability upon surrender of the defendant;

(5)  Allows surety agents to apprehend defendants anywhere
within the state.  After apprehension the surety must notify the
local law enforcement agency where the apprehension occurred;

(6)  Requires the court to give the surety notice of the
defendant's court appearance;

(7)  Allow the court, upon failure of the defendant to appear,
to order the forfeiture of bond and order an execution hearing.
A judgment of forfeiture cannot be rendered for reasons
contained in the bill;

(8)  Requires bail agents and insurers to issue receipts when
receiving collateral for services;

(9)  Lists the types of bonds which may be used to post bail on
arrest warrants or other undertakings;

(10)  Contains requirements persons must meet to be eligible to
be a licensed bail bond agent or recovery agent;

(11)  Requires persons wishing to be bail bond agents to make
application with the Department of Insurance and meet certain
requirements established by the bill;

(12)  Prohibits certain persons from becoming bail bond agents
or from receiving any benefits from the execution of any bail
bond; and

(13)  Contains the percentage rates for bonds.