Text: HSB00619 Text: HSB00621 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 80A.1, Code 1997, is amended by adding 1 2 the following new subsections: 1 3 NEW SUBSECTION. 0A. "Bail enforcement agent" means a 1 4 person engaged in the bail enforcement business, including 1 5 licensees and persons engaged in the bail enforcement business 1 6 whose principal place of business is in a state other than 1 7 Iowa. 1 8 NEW SUBSECTION. 0B. "Bail enforcement business" means the 1 9 business of taking or attempting to take into custody the 1 10 principal on a surety bond issued or a deposit filed in 1 11 relation to a criminal proceeding to assure the presence of 1 12 the defendant at trial, but does not include such actions that 1 13 are undertaken by a peace officer or a law enforcement officer 1 14 in the course of the officer's official duties. 1 15 NEW SUBSECTION. 0C. "Chief law enforcement officer" means 1 16 the county sheriff, chief of police, or other chief law 1 17 enforcement officer in the local governmental unit where a 1 18 defendant is located. 1 19 NEW SUBSECTION. 1A. "Defendant" means the principal on a 1 20 surety bond issued or deposit filed in relation to a criminal 1 21 proceeding in order to assure the presence of the defendant at 1 22 trial. 1 23 Sec. 2. Section 80A.3, Code 1997, is amended to read as 1 24 follows: 1 25 80A.3 LICENSE REQUIRED. 1 26 1. A person shall not operate a bail enforcement business, 1 27 private investigation business, or private security business, 1 28 or otherwise employ persons in the operation of such a 1 29 business located within this state unless the person is 1 30 licensed by the commissioner in accordance with this chapter. 1 31 2. A license issued under this chapter expires two years 1 32 from the date issued. 1 33 Sec. 3. NEW SECTION. 80A.3A NOTIFICATION OF AND 1 34 REGISTRATION WITH LOCAL LAW ENFORCEMENT. 1 35 1. A bail enforcement agent employed by a licensee shall 2 1 not take or attempt to take into custody the principal on a 2 2 bail surety bond without notifying the chief law enforcement 2 3 officer of the local governmental subdivision where the 2 4 defendant is believed to be present. The bail enforcement 2 5 agent shall disclose the location where the defendant is 2 6 believed to be and the bail enforcement agent's intended 2 7 actions. 2 8 2. A person or employee of a person who operates a bail 2 9 enforcement business in a state other than Iowa and who enters 2 10 Iowa in pursuit of a defendant who has violated the conditions 2 11 of a surety bond issued in a state other than Iowa or has 2 12 otherwise violated conditions of bail imposed by a court in a 2 13 state other than Iowa shall not take or attempt to take the 2 14 defendant into custody without first registering with the 2 15 chief law enforcement officer of the local governmental 2 16 subdivision where the defendant is believed to be present. 2 17 a. Registration shall require presentation of the 2 18 following documents: 2 19 (1) A license to operate a bail enforcement business in 2 20 the state of origin, if the state licenses such businesses. 2 21 Otherwise, the person or employee shall present other 2 22 documentation relating to the location of the principal place 2 23 of business of the bail enforcement business. 2 24 (2) The surety bond, order from the local prosecuting 2 25 authority in the state of origin, or other documents relating 2 26 to the authority of the person under the laws of the state of 2 27 origin to pursue the defendant. 2 28 (3) A copy of any bond for liability for actions of the 2 29 person or employee. 2 30 b. A bail enforcement agent who is not licensed by the 2 31 state of origin as a bail bond agent or its equivalent shall 2 32 not take or attempt to take the defendant into custody, in 2 33 accordance with section 811.12. 2 34 c. A bail enforcement agent who registers with the chief 2 35 law enforcement officer of the local governmental subdivision 3 1 in accordance with this section and complies with 3 2 requirements, other than licensure, for acts by a bail 3 3 enforcement agent within this state, including the limitations 3 4 imposed by sections 811.8 and 811.12, shall not be subject to 3 5 civil liability in this state other than as prescribed in this 3 6 chapter, notwithstanding any other provision under the Code or 3 7 common law. 3 8 Sec. 4. Section 80A.5, Code 1997, is amended to read as 3 9 follows: 3 10 80A.5 LICENSEE FEE. 3 11 1. An applicant for a license shall deposit with each 3 12 application the fee for the license. 3 13 2. If the application is approved the deposited amount 3 14 shall be applied on the license fee. If the application is 3 15 disapproved, the deposited amount shall be refunded to the 3 16 applicant. 3 17 3. The fee for a two-year license for a bail enforcement 3 18 business, a private investigative agency,andor a private 3 19 security agencylicenseis one hundred dollars. 3 20 Sec. 5. Section 80A.6, Code 1997, is amended to read as 3 21 follows: 3 22 80A.6 DISPLAY OF LICENSE. 3 23 Aprivate investigation agency and private security agency3 24 licensee shall conspicuously display the license in the 3 25 principal place of business of the agency or business. 3 26 Sec. 6. Section 80A.7, Code 1997, is amended to read as 3 27 follows: 3 28 80A.7 IDENTIFICATION CARDS. 3 29 1. The department shall issue to each licensee and to each 3 30 employee of the licensee an identification card in a form 3 31 approved by the commissioner. The application for a permanent 3 32 identification card shall include a temporary identification 3 33 card valid for fourteen days from the date of receipt of the 3 34 application by the applicant. 3 35 2. The fee for each identification card is ten dollars. 4 1 3. It is unlawful for an agency licensed under this 4 2 chapter to employ a person to act in the bail enforcement 4 3 business, private investigation business, or private security 4 4 business unless the person has in the person's immediate 4 5 possession an identification card issued under this section. 4 6 4. The licensee is responsible for the use of 4 7 identification cards by the licensee's employees and shall 4 8 return an employee's card to the department upon termination 4 9 of the employee's service. Identification cards remain the 4 10 property of the department.The fee for each card is ten4 11dollars.4 12A county sheriff may issue temporary identification cards4 13valid for fourteen days to a person employed by an agency4 14licensed as a private security business or private4 15investigation business on a temporary basis in the county.4 16The fee for each card is five dollars. The form of the4 17temporary identification cards shall be approved by the4 18commissioner.4 19 Sec. 7. Section 80A.9, Code 1997, is amended to read as 4 20 follows: 4 21 80A.9 BADGES – UNIFORMS. 4 22 1. A licensee or an employee of a licensee shall not use a 4 23 badge in connection with the activities of the licensee's 4 24 business unless the badge has been prescribed or approved by 4 25 the commissioner. 4 26 2. A licensee or an employee of a licensee shall not use 4 27 an identification card other than the card issued by the 4 28 department or make a statement with the intent to give the 4 29 impression that the licensee or employee is a peace officer. 4 30 3. A uniform worn by a licensee or employee of a licensee 4 31 shall conform with rules adopted by the commissioner. 4 32 4. A bail enforcement agent other than a licensee shall 4 33 not do any of the following: 4 34 a. Use a badge or identification card other than one which 4 35 is in accordance with the laws of the state of origin. 5 1 b. Wear a uniform or make a statement that gives the 5 2 impression that the agent is a peace officer. 5 3 Sec. 8. Section 80A.10, Code 1997, is amended to read as 5 4 follows: 5 5 80A.10 LICENSEE'S BOND. 5 6 1. A license shall not be issued unless the applicant 5 7 files with the department a surety bond, inana minimum 5 8 amountof fiveas follows: 5 9 a. Five thousand dollars in the case of an agency licensed 5 10 to conduct only a bail enforcement business, private security 5 11 business, or a private investigation business, or in the5 12amount of ten. 5 13 b. Ten thousand dollars in the case of an agency licensed 5 14 to conductbothmore than one type of business licensed under 5 15 this chapter. 5 16 2. The bond shall be issued by a surety company authorized 5 17 to do business in this state and shall be conditioned on the 5 18 faithful, lawful, and honest conduct of the applicant and 5 19 those employed by the applicant in carrying on the business 5 20 licensed. 5 21 3. The bond shall provide that a person injured by a 5 22 breach of the conditions of the bond may bring an action on 5 23 the bond to recover legal damages suffered by reason of the 5 24 breach. However, the aggregate liability of the surety for 5 25 all damages shall not exceed the amount of the bond. 5 26 4. Bonds issued and filed with the department shall remain 5 27 in force and effect until the surety has terminated future 5 28 liability by a written thirty days' notice to the department. 5 29 Sec. 9. Section 80A.10A, Code 1997, is amended to read as 5 30 follows: 5 31 80A.10A LICENSEE'S PROOF OF FINANCIAL RESPONSIBILITY. 5 32ANotwithstanding the minimum bond amount that must be 5 33 filed in accordance with section 80A.10, a license shall not 5 34 be issued unless the applicant furnishes proof acceptable to 5 35 the commissioner of the applicant's ability to respond in 6 1 damages for liability on account of accidents or wrongdoings 6 2 occurring subsequent to the effective date of the proof, 6 3 arising out of the ownership and operation of a private 6 4 security business,or aprivate investigation business, or 6 5 bail enforcement business. 6 6 Sec. 10. Section 80A.16, Code 1997, is amended to read as 6 7 follows: 6 8 80A.16 PENALTIES. 6 9 1. A person who violates any of the provisions of this 6 10 chapter where no other penalty is provided is guilty of a 6 11 simple misdemeanor. 6 12 2. A person whomakesdoes any of the following is guilty 6 13 of a fraudulent practice: 6 14 a. Makes a false statement or representation in an 6 15 application or statement filed with the commissioner, as 6 16 required by this chapter, or a person who falsely. 6 17 b. Falsely states,orrepresents, or fails to disclose as 6 18 required by this chapter, that the person has been or is a 6 19 private investigator,orprivate security agent, oradvertises6 20as such is guilty of a fraudulent practicebail enforcement 6 21 agent. 6 22 c. Falsely advertises that the person is a licensed 6 23 private investigator, private security agent, or bail 6 24 enforcement agent. 6 25 3. A person who is subject to the licensing requirements 6 26 of this chapter and who engages in a private investigation or 6 27 private security business as defined in this chapter, without 6 28 possessing a current valid license as provided by this 6 29 chapter, is guilty of a serious misdemeanor. 6 30 4. A person who is subject to the licensing requirements 6 31 of this chapter for a bail enforcement business or bail 6 32 enforcement agent, and who operates a bail enforcement 6 33 business or who acts as a bail enforcement agent for a bail 6 34 enforcement business, without possessing a current valid 6 35 license, is guilty of a class "D" felony. 7 1 Sec. 11. NEW SECTION. 80A.16A CIVIL LIABILITY OF BAIL 7 2 ENFORCEMENT AGENTS. 7 3 1. A person other than a defendant who is injured in 7 4 person or property by the actions of a bail enforcement agent 7 5 in taking or attempting to take a defendant into custody may 7 6 bring a civil action for damages against such agent and the 7 7 bail enforcement business for breach of any applicable 7 8 standard of care. 7 9 2. Notwithstanding the limitation of liability of any 7 10 surety for the actions of a bail enforcement agent or bail 7 11 enforcement business, the court shall enter a judgment against 7 12 a bail enforcement agent or bail enforcement business 7 13 determined to have breached the applicable standard of care. 7 14 The judgment shall include an award of treble damages, and 7 15 recovery of costs and reasonable attorney fees. 7 16 Sec. 12. Section 811.8, subsection 3, Code 1997, is 7 17 amended to read as follows: 7 18 3. For the purpose of surrendering the defendant, the 7 19 surety, subject to the limitations of section 811.12 and 7 20 chapter 80A, at any timebefore finally charged and at any7 21place within the state,may arrest the defendant, or, by a 7 22 written authority endorsed on a certified copy of the 7 23 undertaking, may empower any person of suitable age and 7 24 discretion to do so. In making an arrest pursuant to this 7 25 subsection, the surety or any person empowered by the surety 7 26 shall possess no more authority than a peace officer would 7 27 possess in making a lawful arrest under section 804.8, 804.13, 7 28 804.14, or 804.15. 7 29 Sec. 13. NEW SECTION. 811.12 LIMITATIONS. 7 30 1. A person shall not take or attempt to take into custody 7 31 the principal on a surety bond, either as a surety on a bond 7 32 in a criminal proceeding or as an agent of such surety, unless 7 33 such person has complied with all of the following, if 7 34 applicable: 7 35 a. Notification or registration with a chief law 8 1 enforcement officer under section 80A.3A. 8 2 b. Licensing requirements for bail enforcement businesses 8 3 and bail enforcement agents under chapter 80A. 8 4 2. A person other than a certified peace officer shall not 8 5 be authorized to apprehend, detain, or arrest a principal on a 8 6 bond, wherever issued, unless one of the following applies: 8 7 a. The person is a bail enforcement agent licensed under 8 8 chapter 80A and has notified the chief law enforcement officer 8 9 under section 80A.3A. 8 10 b. The person is a bail enforcement agent licensed under 8 11 the laws of another state and has registered with the chief 8 12 law enforcement officer under section 80A.3A. 8 13 Sec. 14. IMPLEMENTATION OF ACT. Section 25B.2, subsection 8 14 3, shall not apply to this Act. 8 15 EXPLANATION 8 16 This bill relates to regulation of bail enforcement 8 17 businesses and acts by bail enforcement agents. Changes are 8 18 made to both Code chapter 80A, relating to regulation of 8 19 private investigative agencies and security agents, and to 8 20 Code chapter 811, relating to apprehension of the principal on 8 21 a criminal surety bond. 8 22 The bill requires that persons operating a bail enforcement 8 23 business with its principal place of business within the state 8 24 obtain a license from the department of public safety. The 8 25 license is valid for two years and requires payment of a $100 8 26 fee for the license and a $10 fee for each identification card 8 27 for each employee. An applicant must meet statutory 8 28 qualifications set forth in Code section 80A.4 and must file a 8 29 bond with the department under Code section 80A.10. An 8 30 applicant must also prove financial responsibility for damages 8 31 arising out of the business, pursuant to Code section 80A.10A. 8 32 The bill eliminates temporary identification cards issued 8 33 for private security agents and investigators under Code 8 34 section 80A.7. 8 35 The bill also requires any licensed bail enforcement agent 9 1 to notify the local law enforcement agency before taking any 9 2 action to apprehend a defendant. A bail enforcement agent 9 3 from another state is required to register with the local law 9 4 enforcement agency, providing copies of a license to operate a 9 5 bail enforcement business, if the state of origin licenses 9 6 such a business, and surety bonds related to the defendant in 9 7 question and for liability for the agent's acts, if such a 9 8 bond has been issued. A bail enforcement agent who is not 9 9 licensed in Iowa or the state of origin may not take a 9 10 defendant into custody. A bail enforcement agent from another 9 11 state who registers as required and otherwise complies with 9 12 the requirements for bail enforcement agents other than 9 13 licensure is subject to civil liability only as provided in 9 14 the chapter. 9 15 Licensees and their employees are subject to the rule of 9 16 the department of public safety with regard to the use of 9 17 badges, uniforms, and identification cards. Bail enforcement 9 18 agents from states other than Iowa are not permitted to use 9 19 badges or identification cards other than those permitted by 9 20 the state of origin, and shall not wear a uniform or make a 9 21 statement that gives the impression that the agent is a peace 9 22 officer. 9 23 A person who is subject to the licensing requirements for 9 24 bail enforcement businesses or bail enforcement agents and 9 25 acts without a valid current license shall be guilty of a 9 26 class "D" felony. A person is guilty of a fraudulent practice 9 27 for committing any of the following: (1) making a false 9 28 statement or representation in a document filed with the 9 29 department of public safety; (2) making a false statement or 9 30 representation or failing to disclose, when required, that the 9 31 person is or has been a private investigator, security agent, 9 32 or bail enforcement agent; or (3) makes a false advertisement 9 33 that the person is a licensed private investigator, security 9 34 agent, or bail enforcement agent. Depending upon the value of 9 35 the property or service obtained by means of fraudulent 10 1 practices, such an act is punishable as a simple misdemeanor 10 2 ($50 to $100 fine, or up to 30 days in jail) up to a class "C" 10 3 felony ($500 to $10,000 fine, with the option of up to a 10- 10 4 year sentence). A violation of any other provision of Code 10 5 chapter 80A where a penalty is not expressly stated is a 10 6 simple misdemeanor. 10 7 The bill adds definitions to Code chapter 80A related to 10 8 the addition of bail enforcement businesses to that chapter. 10 9 Bail enforcement businesses and bail enforcement agencies 10 10 are subject to civil liability for injury to persons other 10 11 than the defendant being apprehended. Such a business or 10 12 agent that is held to have violated the applicable standard of 10 13 care shall be held liable for treble damages, costs, and 10 14 reasonable attorney fees. 10 15 New Code section 811.12 sets forth prerequisites for a 10 16 person to meet prior to apprehending a defendant, including 10 17 licensure where appropriate, and registration or notification 10 18 of local law enforcement agencies. If a person is not 10 19 licensed by any state as a bail enforcement agent, only a 10 20 peace officer can apprehend the defendant. A person 10 21 apprehending a defendant may not act beyond the authority 10 22 granted to a peace officer under similar circumstances. 10 23 This bill may include a state mandate as defined in Code 10 24 section 25B.3. This bill makes inapplicable Code section 10 25 25B.2, subsection 3, which would relieve a political 10 26 subdivision from complying with a state mandate if funding for 10 27 the cost of the state mandate is not provided or specified. 10 28 Therefore, political subdivisions are required to comply with 10 29 any state mandate included in this bill. 10 30 LSB 3241DP 77 10 31 jls/jw/5
Text: HSB00619 Text: HSB00621 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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