Bill Summary – FastDemocracy

68th Legislature                                                                                                  SB 172.1
                                                 SENATE BILL NO. 172
                                     INTRODUCED BY C. FRIEDEL, M. HOPKINS
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   A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING LAWS REGARDING BAIL BONDS;
   ESTABLISHING THE BAIL FUGITIVE RECOVERY AGENTS ACT; ESTABLISHING REQUIREMENTS FOR
   BAIL BOND AGENTS AND BAIL FUGITIVE RECOVERY AGENTS; REQUIRING A BAIL BOND AGENT OR
   BAIL FUGITIVE AGENT TO NOTIFY LOCAL LAW ENFORCEMENT PRIOR TO APPREHENDING A
   DEFENDANT; PROVIDING THAT A PERSON WHO IS LICENSED AS A PRIVATE INVESTIGATOR IS
   SUBJECT TO THE BAIL FUGITIVE RECOVERY AGENTS ACT; PROVIDING PENALTIES; AND PROVIDING
   DEFINITIONS.”
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   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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              NEW SECTION. Section 1.      Short title. [Sections 1 through 8] may be cited as the "Bail Fugitive
   Recovery Agents Act".
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              NEW SECTION. Section 2.      Definitions. As used in [sections 1 through 8], unless the context clearly
   indicates otherwise, the following definitions apply:
              (1)   "Bail bond agent" means a person licensed by the commissioner of insurance pursuant to 33-
   17-211.
              (2)   "Bail fugitive" means a defendant in a pending criminal case:
              (a)   who has been released from custody under a financially secured appearance, by payment of
   cash, or by posting another form of bond and who has had the bond declared forfeited;
              (b)   who has violated a bond condition under which apprehension and reincarceration are
   permitted; or
              (c)   for whom the surety feels insecure in accepting liability as provided in 46-9-401.
              (3)   "Bail fugitive recovery agent" means:
              (a)   a person who is provided written authorization by the bail bond agent or depositor of bail and is
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68th Legislature                                                                                                      SB 172.1
   contracted with to investigate, keep under surveillance, locate, or arrest a bail fugitive for surrender to the
   appropriate court, detention facility, or peace officer; and
              (b)   any person who is employed to assist a bail bond agent or depositor of bail to investigate, keep
   under surveillance, locate, or arrest a bail fugitive for surrender to the appropriate court, detention facility, or
   peace officer.
              (4)   "Depositor of bail" means a person or entity who has deposited money or bonds to secure the
   release of a person charged with a crime or offense.
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              NEW SECTION. Section 3.       Who may apprehend, detain, or arrest bail fugitive. (1) A person other
   than a sworn law enforcement officer may not apprehend, detain, or arrest a bail fugitive unless the person is a
   bail bond agent, bail fugitive recovery agent, or depositor of bail.
              (2)   This section does not prohibit the surrender of a defendant or an arrest pursuant to 46-9-401 or
   46-9-510.
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              NEW SECTION. Section 4.       Requirements for bail fugitive recovery agent. (1) A bail fugitive
   recovery agent or bail bond agent who contracts with another bail bond agent or surety as a bail fugitive
   recovery agent and who engages in the arrest of a defendant shall comply with the following requirements:
              (a)   the person must be at least 18 years of age;
              (b)   the person shall complete a 40-hour course of basic training for bail bond agents and be
   certified by the commissioner of insurance; and
              (c)   the person may not have been convicted of a felony or of any offense in which a dangerous
   weapon was used.
              (2)   Completion of the course required in subsection (1)(b) is for educational purposes only and
   does not confer on the person the power of arrest of a police officer or public officer or agent of any federal,
   state, or local government agency unless the person is employed by a government agency.
              (3)   On completion of a course required by this section, a bail fugitive recovery agent or bail bond
   agent who contracts with another bail bond agent or surety as a bail fugitive recovery agent shall carry a
   certificate of completion at all times in the course of performing duties under [sections 1 through 8].
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68th Legislature                                                                                                   SB 172.1
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              NEW SECTION. Section 5.       Documentation of authority. Before apprehending a bail fugitive, a
   person authorized by [section 3] to apprehend a bail fugitive must have in the person's possession proper
   documentation of authority to apprehend issued by the bail bond agent or depositor of bail. The documentation
   must include the following information:
              (1)   the name of the person authorized by [section 3] to apprehend a bail fugitive;
              (2)   the address of the principal office of the person authorized in [section 3] to apprehend a bail
   fugitive; and
              (3)   the name and principal business address of the bail bond agency, surety company, or other
   party contracting with the person authorized by [section 3] to apprehend a bail fugitive.
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              NEW SECTION. Section 6.       Notification of local law enforcement. (1) Except under exigent
   circumstances, a person authorized by [section 3] to apprehend a bail fugitive shall, prior to but no more than 6
   hours before attempting to apprehend the bail fugitive, notify the local police department or sheriff's department
   of the intent to apprehend a bail fugitive in that jurisdiction by stating:
              (a)   the name of the person authorized by [section 3] to apprehend a bail fugitive in the jurisdiction;
   and
              (b)   the name and approximate location of the bail fugitive.
              (2)   If an exigent circumstance arises and prior notification is not given as provided in subsection
   (1), a person authorized by [section 3] to apprehend a bail fugitive shall notify the local police department or
   sheriff's department immediately after the apprehension and, on request of the local jurisdiction, shall submit a
   detailed explanation of the exigent circumstances within 3 working days after the apprehension is made.
              (3)   For the purposes of this section, notice may be provided to a local law enforcement agency by
   telephone prior to the arrest or, if exigent circumstances exist, after the arrest has taken place. In the case of
   exigent circumstances, the bail bond agent, bail fugitive recovery agent, or depositor of bail shall obtain and
   retain the name or operator number of the employee receiving the notice information.
              (4)   This section does not preclude a person authorized to apprehend a bail fugitive from making or
   attempting to make a lawful arrest of a bail fugitive on bond pursuant to 46-9-510. The fact that a bench warrant
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68th Legislature                                                                                                    SB 172.1
   is not located in or entered into a warrant depository or system may not affect the lawful arrest of a bail fugitive.
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              NEW SECTION. Section 7.      No exemption for person otherwise licensed as private investigator.
   Nothing in [sections 1 through 8] exempts a person who is licensed as a private investigator from the
   requirements of [sections 1 through 8].
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              NEW SECTION. Section 8.      Penalty. A person who violates [sections 1 through 8] or hires a person
   to apprehend a bail fugitive knowing that the person is not authorized under [section 3] to apprehend a bail
   fugitive is guilty of a misdemeanor punishable by a fine of $500.
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              NEW SECTION. Section 9.      Codification instruction. [Sections 1 through 8] are intended to be
   codified as an integral part of Title 46, chapter 9, and the provisions of Title 46, chapter 9, apply to [sections 1
   through 8].
                                                          - END -
                                                                 -4-                      Authorized Print Version – SB 172
Statutes affected: 
SB0172_2.pdf: 33-17-212, 33-26-108, 46-9-401, 46-9-510
Amended: 33-17-212, 33-26-108, 46-9-401, 46-9-510