CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2043Introduced by Assembly Member Jones-SawyerFebruary 14, 2022 An act to amend Sections 1800, 1801, 1802, 1802.1, 1810.7, 1810.8, 1811, and 1815 of, and to add Section 1802.3 to, the Insurance Code, and to amend Sections 1299.01 and 1299.02 of, and to repeal and add Section 1299.04 of, the Penal Code, relating to bail bonds. LEGISLATIVE COUNSEL'S DIGESTAB 2043, as introduced, Jones-Sawyer. Bail bonds.(1) Existing law, the Bail Fugitive Recovery Persons Act, regulates bail fugitive recovery persons, defined as a person given written authorization by the bail or depositor of bail and contracted to investigate, surveil, locate, and arrest a bail fugitive and any person employed to assist the bail or depositor of bail to investigate, surveil, locate, and arrest a bail fugitive. Existing law prohibits an insurer from executing an undertaking of bail except by and through a person holding a bail license, as specified.Existing law provides for the issuance of bail licenses under the jurisdiction of the Insurance Commissioner. Under existing law, bail licenses include bail agent licenses, bail permittee licenses, and bail solicitor licenses. Existing law requires the commissioner to charge and collect specified fees for an application for a new or renewed bail license by a bail agent, bail permittee, or bail solicitor.This bill would include bail fugitive recovery person licenses in the list of bail licenses and would prohibit a person from performing the activities of a bail fugitive recovery person unless the person holds a license, as specified. The bill would exempt an individual holding a bail agents, bail permittees, or bail solicitors license from a bail fugitive recovery persons licensing requirements.(2) Existing law permits a bail agent licensee to solicit, negotiate, and effect undertakings of bail on behalf of any surety insurer while an unrevoked notice of appointment, as specified, has been filed.This bill would also permit a bail fugitive recovery person licensee to perform the same actions on behalf of any surety insurer and under the same conditions as a bail agent licensee. (3) Existing law requires an applicant for a license to act as a bail agent to file with the commissioner a notice of appointment executed by a surety insurer or its authorized representative authorizing that applicant to execute undertakings of bail and to solicit and negotiate those undertakings on its behalf. Existing law allows a notice of appointment to continue in force until the occurrence of 3 specified events. This bill would also require an applicant for a bail fugitive recovery persons license to file a notice of appointment with the commissioner, and would allow a notice of appointment to continue in force until the termination of a bail fugitive recovery persons license, the end of the license term, as specified, or the filing of a notice of termination by the insurer, its representative, or the bail fugitive recovery person.(4) Existing law allows the commissioner to issue a temporary license to the executor or administrator of a deceased holder of a bail agents or bail permittees license. This bill would allow the commissioner to issue a temporary license to the executor or administrator of the estate of a deceased holder of a bail fugitive recovery persons license.(5) Existing law requires the commissioner to charge and collect specified fees for an application for a new or renewed bail license by a bail agent, bail permittee, or bail solicitor. Under existing law, the fee for an application or request for a bail agents or bail solicitors license is $283. Existing law establishes the fee for a bail permittees license at $567, and establishes other fees for renewal applications, fictitious name statements, bond filings, and amendments of applications, as specified.The bill would require the commissioner to collect an annual fee of $311 to file an application for a bail fugitive recovery persons license, and would increase the application fee for a bail agents or bail solicitors license to $311. The bill would also increase the application fee for a bail permittees license to $624. The bill would increase the fees to file other applications and documents, as specified.(6) Existing law requires the commissioner to publish and maintain a list of holders of certain licenses, as specified. This bill would require the commissioner to publish and maintain a list of holders of bail fugitive recovery persons licenses on the departments website, along with the license numbers.(7) Existing law requires certain persons contracting their services as a bail fugitive recovery person and certain licensees who engage in the arrest of a defendant to comply with various requirements, including being at least 18 years of age and completing various courses and classes. This bill would require a bail fugitive recovery person, a bail agent, a bail permittee, or bail solicitor who contracts their services as a bail fugitive recovery person and a bail agent, bail permittee, or bail solicitor who engages in the arrest of a defendant to instead comply with specified provisions of the Insurance Code and any regulations promulgated by the commissioner. (8) Existing law requires an applicant, prior to taking an examination for a bail license, to complete a minimum of 20 hours of classroom education pertaining to the duties and responsibilities of a bail licensee. Existing law requires a licensee to complete in each 2-year license term not fewer than 12 hours of continuing education in these subjects prior to renewal of their license.The bill would include an additional requirement, prior to taking an examination for a bail license, of completing a 40-hour power of arrest course, and would clarify that the completion of the course would be for educational purposes only and not intended to confer the power of arrest unless the person is employed by a governmental agency to make arrests. (9) Existing law prohibits a person, other than a certified law enforcement officer, to apprehend, detain, or arrest a bail fugitive unless the person is a specified bail licensee, bail fugitive recovery person, a private investigator licensed in this state, or holds a specified license in another state. Existing law makes a violation of the Bail Fugitive Recovery Persons Act a misdemeanor, punishable by a fine of $5,000, or imprisonment in a county jail not to exceed one year, or both that fine and imprisonment.This bill would prohibit a private investigator licensed in this state from apprehending, detaining, or arresting a bail fugitive. The bill would prohibit a licensed bail agent or bail fugitive recovery person from engaging in any of the duties, as specified, performed by a private investigator unless the person was also licensed as a private investigator. By increasing the scope of an existing crime and by creating a new crime, the bill would impose a state-mandated local program.(10) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1800 of the Insurance Code is amended to read:1800. (a) An insurer shall not execute an undertaking of bail except by and through a person holding a bail license issued as provided in this chapter. A person shall not in this state solicit or negotiate in respect to execution or delivery of an undertaking of bail or bail bond by an insurer, or execute or deliver such an undertaking of bail or bail bond unless licensed as provided in this chapter, but if so licensed, such person may so solicit, negotiate, and effect such undertakings or bail bonds without holding or being named in any license specified in Chapter 5 of this part.(b) A person shall not perform in this state the activities of a bail fugitive recovery person, as defined in subdivision (d) of Section 1299.01 of the Penal Code, or solicit or negotiate to perform the activities of a bail fugitive recovery person, as defined in subdivision (d) of Section 1299.01 of the Penal Code, unless licensed pursuant to this chapter. If a person is licensed as a fugitive recovery person, they may solicit, negotiate, and perform those activities without holding or being named in any license specified in Chapter 5 of this part.(b)(c) For purposes of this section, solicit shall include any written or printed presentation or advertising made by mail or other publication, or any oral presentation or advertising by means of telephone, radio, or television which implies that an individual is licensed under this chapter, and any activity in arranging for bail which results in remuneration to the individual conducting that activity.SEC. 2. Section 1801 of the Insurance Code is amended to read:1801. Bail licenses are:(a) Bail agents licenses;(b) Bail permittees licenses;(c) Bail solicitors licenses. licenses;(d) Bail fugitive recovery person licenses.SEC. 3. Section 1802 of the Insurance Code is amended to read:1802. A bail agents or bail fugitive recovery persons license by its terms permits the licensee to solicit, negotiate, and effect undertakings of bail on behalf of any surety insurer while there is in effect an unrevoked notice of appointment of such insurer filed pursuant to Section 1802.1. Such license shall not be issued unless and until there is filed with the commissioner a bond having an admitted surety insurer as surety thereon in the penal sum of one thousand dollars ($1,000), conditioned upon the proper application and disposal of all moneys collected or received by the bail agent, his solicitors licensed pursuant to his appointment, and his employees, in favor of the people of the State of California.SEC. 4. Section 1802.1 of the Insurance Code is amended to read:1802.1. Every applicant for a license to act as a bail agent or a bail fugitive recovery person shall file with the commissioner a notice of appointment executed by a surety insurer or its authorized representative authorizing that applicant to execute undertakings of bail and to solicit and negotiate those undertakings on its behalf. Additional notices of appointment may be filed by other surety insurers, upon the payment for each additional notice of the fees specified in subdivision (a) of Section 1811, before the license is issued and thereafter, as long as the license remains in force. Each appointment shall, by its terms, continue in force until any of the following occur:(a) Termination of the bail agents or a bail fugitive recovery persons license.(b) The end of the license term, if the fee provided in subdivision (e) (f) of Section 1811 for filing a renewal application is not paid.(c) The filing of a notice of termination by the insurer, its representative, or by the bail agent. or the bail fugitive recovery person.SEC. 5. Section 1802.3 is added to the Insurance Code, to read:1802.3. (a) A bail fugitive recovery persons license, by its terms, permits the licensee to engage in the activities of a bail fugitive recovery person as set forth in subdivision (d) of Section 1299.01 of the Penal Code.(b) A bail fugitive recovery person licensee shall comply with the Bail Fugitive Recovery Persons Act (commencing with Section 1299) of the Penal Code.(c) Notwithstanding subdivision (b) of Section 1810, only natural persons may be licensed as bail fugitive recovery persons.(d) An individual who holds a license pursuant to Section 1802, 1802.5, or 1803, shall be exempt from the bail fugitive recovery persons licensing requirements. A bail agent, permittee, or solicitor shall disclose to the department if they are also a bail fugitive recovery person on their license application and renewal.SEC. 6. Section 1810.7 of the Insurance Code is amended to read:1810.7. (a) In order to be eligible to take the examination required to be licensed under this chapter, the applicant shall have completed a the following:(1) A minimum of 20 hours of classroom education in subjects pertinent to the duties and responsibilities of a bail licensee, including, but not limited to, all related laws and regulations, rights of the accused, ethics, and apprehension of bail fugitives. Additionally, a licensee shall complete in(2) A 40-hour power of arrest course certified by the Commission on Peace Officer Standards and Training pursuant to Section 832 of the Penal Code. Completion of the course shall be for educational purposes only and not intended to confer the power of arrest of a peace officer or public officer, or agent of any federal, state, or local government, unless the person is so employed by a governmental agency.(3) In each two-year license term not less than 12 hours of continuing education in these subjects prior to renewal of his or her their license.(b) The commissioner shall approve or disapprove an applicant to provide education for licensure as required by this section within 90 days of receipt of the applicants full and complete application. However, this 90-day period shall be tolled during the pendency of any investigation of the applicant by the commissioner for an alleged violation that would, if proven, result in the suspension, revocation, or denial of the providers approval to provide continuing education to bail agents as prescribed in Section 1813. Failure to disapprove an applicant within this period shall result in the automatic approval of the application. Approval shall be valid for two years. The commissioner may, at any time, disapprove any provider who is not qualified or whose course outlines are not approved, who is not of good business reputation, or who is lacking in integrity, honesty, or competency. A provider shall not provide education for licensure following the expiration of the two-year approval period unless the commissioner has renewed the providers approval. The commissioner shall, at the time of renewal, approve or disapprove the course outlines and schedule of classes to be provided.(c) Providers responsible for providing education for licensure under this chapter shall consult with the California State Sheriffs Association, the California District Attorneys Association, and the County Counsels Association of California prior to submission of the course outlines for approval by the commissioner, and these entities may respond within 30 days of receipt of a request for consultation from a provider. Providers shall maintain records of their requests for consultation and any responses from these entities, and make these records available to the department for review as requested. The bail license fee shall be increased, the amount of which shall be determined by the commissioner, which shall be deposited in the Insurance Fund for the purposes of recovering the administrative costs for meeting the conditions and purposes of this section. Providers of education or continuing education shall offer courses to all applicants at the same course fees.(d) Any person who falsely represents to the commissioner that compliance with this section has been met shall be subject, after notice and hearing, to the penalties and fines set out in Section 1814.(e) A licensee shall not be required to comply with the continuing education requirements of this section if the licensee submits proof satisfactory to the commissioner that he or she has they have been a licensee in good standing for 30 continuous years in this state and is 70 years of age or older.(f) The commissioner may make reasonable rules and regulations necessary, advisable, and convenient for the administration and enforcement of this chapter. The rules and regulations may include a schedule establishing fees to be paid by an applicant seeking approval to act as a provider and to deliver courses under this section. Those fees shall be in an amount no greater than fees paid by applicants providing similar courses to other insurance agents licensed by the department, as specified in Section 1751.1.(g) Nothing in this chapter shall preclude completion of the bail agent continuing education requirements of this section through a course of instruction offered via the Internet or correspondence. However, this subdivision shall not be construed to allow completion of the prelicensing education requirements of this section through a course of instruction.(h) Successful completion of the continuing education requirements by means of an Internet or correspondence course shall require obtaining a passing grade of at least 70 percent on a written final examination. The final examination shall be open book and shall be graded by the approved provider. The provider shall issue certificates of completion only to those students who have passed the final examination.SEC. 7. Section 1810.8 of the Insurance Code is amended to read:1810.8. The commissioner may issue a temporary license to the executor or administrator of the estate of a deceased holder of a bail agents license or license, bail permittees license, or bail fugitive recovery persons license, permitting such party to act as such representative to exercise the rights and privileges of such a license holder for the purpose of conducting the business of the estate for a period of one year from and after the date of the death, pending, but not after, the disposal of the business.SEC. 8. Section 1811 of the Insurance Code is amended to read:1811. For his or her the individuals services in connection with the filing of any application or request for any license under this chapter, the commissioner shall charge and collect the following fees:(a) For filing an application or request for bail agents license, two hundred eighty-three dollars ($283) three hundred eleven dollars ($311) per year.(b) For filing an application or request for bail solicitors license, two hundred eighty-three dollars ($283) three hundred eleven dollars ($311) per year.(c) For filing an application or request for bail permittees license, five hundred sixty-seven dollars ($567). six hundred twenty-four dollars ($624).(d) For filling an application or request for bail fugitive recovery persons license, three hundred eleven dollars ($311) per year.(d)(e) For filing an application for examination, or reexamination, fifty-six dollars ($56). sixty-two dollars ($62).(e)(f) For a renewal application, a fee of eighty-five dollars ($85) ninety-four dollars ($94) per year. In the case of a bail agent with more than one valid notice of appointment on file, the fee to be charged pursuant to this subdivision shall be the fee provided herein multiplied by the number of insurers whose valid appointments are on file on the date the document is filed unless the bail agent in that document advises the commissioner of his or her the individuals intent to terminate the appointment of one or more of those insurers, in which event the fee shall be based upon the number for insurers remaining.(f)(g) For a bail solicitors renewal application, a fee of eighty-five dollars ($85) ninety-four dollars ($94) per year.(g)(h) For a bail permittees renewal application, a fee of three hundred fifty-eight dollars ($358) ninety-four dollars ($394) per year.(i) For a bail fugitive recovery persons renewal application, a fee of ninety-four dollars ($94) per year.(h)(j) At the time of filing an application for a license, if a qualifying examination is required for issue or in connection with the license, the fee for filing the first application to take the qualifying examination shall be paid at the time of filing application for the license.(i)(k) For filing application or request for approval of a true or fictitious name pursuant to Section 1724.5, twenty-nine dollars ($29), thirty-two dollars ($32), except that there shall be no fee when the name is contained in an original application.(j)(l) For filing a bond required by this chapter, except when the bond constitutes part of an original application, twenty-five dollars ($25). twenty-eight dollars ($28).(k)(m) For filing a first amendment to an application, fourteen dollars ($14). fifteen dollars ($15).(l)(n) For filing a second and each subsequent amendment to an application, twenty-nine dollars ($29). thirty-two dollars ($32).SEC. 9. Section 1815 of the Insurance Code is amended to read:1815. The commissioner shall publish and maintain a list of the names of holders of bail agents and bail permittees licenses and their solicitors and bail fugitive recovery persons licenses on the departments public Web site, website, together with their license numbers and any other information in respect to the persons as he or she the commissioner considers advisable. He or she The commissioner shall promptly upon termination, for any cause, of any license, update the departments public Web site. website.SEC. 10. Section 1299.01 of the Penal Code is amended to read:1299.01. For purposes of this article, the following terms shall have the following meanings:(a) Bail fugitive means a defendant in a pending criminal case who has been released from custody under a financially secured appearance, cash, or other bond and has had that bond declared forfeited, or a defendant in a pending criminal case who has violated a bond condition whereby apprehension and reincarceration are permitted.(b) Bail means a person bail agent, bail permittee, or bail solicitor licensed by the Department of Insurance pursuant to Section 1800 Section 1802, 1802.5, or 1803 of the Insurance Code.(c) Depositor of bail means a person who or entity that has deposited money or bonds to secure the release of a person charged with a crime or offense.(d) Bail fugitive recovery person means a person licensed pursuant to Section 1802.3 of the Insurance Code who is provided written authorization pursuant to Sections 1300 and 1301 by the bail or depositor of bail, and is contracted to investigate, surveil, locate, and arrest a bail fugitive for surrender to the appropriate court, jail, or police department, and any person who is employed to assist a bail or depositor of bail to investigate, surveil, locate, and arrest a bail fugitive for surrender to the appropriate court, jail, or police department.SEC. 11. Section 1299.02 of the Penal Code is amended to read:1299.02. (a) No person, other than a certified law enforcement officer, shall be authorized to apprehend, detain, or arrest a bail fugitive unless that person meets one of the following conditions:(1) Is a bail as defined in subdivision (b) of Section 1299.01 or a depositor of bail as defined in subdivision (c) of Section 1299.01.(2) Is a bail fugitive recovery person as defined in subdivision (d) of Section 1299.01.(3) Holds a bail license issued by a state other than California or is authorized by another state to transact and post bail and is in compliance with the provisions of Section 847.5 with respect to the arrest of a bail fugitive.(4)Is licensed as a private investigator as provided in Chapter 11.3 (commencing with Section 7512) of Division 3 of the Business and Professions Code.(5)(4) Holds a private investigator license issued by another state, is authorized by the bail or depositor of bail to apprehend a bail fugitive, and is in compliance with the provisions of Section 847.5 with respect to the arrest of a bail fugitive.(b) This article shall not prohibit an arrest pursuant to Sections 837, 838, and 839. 839, provided that no consideration is paid or allowed, directly or indirectly, to any person effecting an arrest pursuant to Sections 837, 838, or 839.(c) A licensed bail agent or bail fugitive recovery person shall not perform any of the duties described in Section 7521 of the Business and Professions Code unless they are also licensed pursuant to Chapter 11.3 (commencing with Section 7512) of the Business and Professions Code. SEC. 12. Section 1299.04 of the Penal Code is repealed.1299.04.(a)A bail fugitive recovery person, a bail agent, bail permittee, or bail solicitor who contracts his or her services to another bail agent or surety as a bail fugitive recovery person for the purposes specified in subdivision (d) of Section 1299.01, and any bail agent, bail permittee, or bail solicitor who obtains licensing after January 1, 2000, and who engages in the arrest of a defendant pursuant to Section 1301 shall comply with the following requirements:(1)The person shall be at least 18 years of age.(2)The person shall have completed a 40-hour power of arrest course certified by the Commission on Peace Officer Standards and Training pursuant to Section 832. Completion of the course shall be for educational purposes only and not intended to confer the power of arrest of a peace officer or public officer, or agent of any federal, state, or local government, unless the person is so employed by a governmental agency.(3)The person shall have completed a minimum of 20 hours of classroom prelicensing education certified pursuant to Section 1810.7 of the Insurance Code. For those persons licensed by the department as a bail licensee prior to January 1, 1994, there is no prelicensing education requirement. For those persons licensed by the department as a bail licensee between January 1, 1994, and December 31, 2012, a minimum of 12 hours of classroom prelicensing education is required.(4)The person shall not have been convicted of a felony, unless the person is licensed by the Department of Insurance pursuant to Section 1800 of the Insurance Code.(b)Upon completion of any course or training program required by this section, an individual authorized by Section 1299.02 to apprehend a bail fugitive shall carry certificates of completion with him or her at all times in the course of performing his or her duties under this article.SEC. 13. Section 1299.04 is added to the Penal Code, to read:1299.04. A bail fugitive recovery person, a bail agent, bail permittee, or bail solicitor who contracts their services to another bail agent or surety as a bail fugitive recovery person for the purposes specified in subdivision (d) of Section 1299.01, and any bail agent, bail permittee, or bail solicitor who obtains licensing after January 1, 2000, and who engages in the arrest of a defendant pursuant to Section 1301 shall comply with Sections 1800 to 1823, inclusive, of the Insurance Code, and any regulations promulgated by the Insurance Commissioner.SEC. 14. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2043Introduced by Assembly Member Jones-SawyerFebruary 14, 2022 An act to amend Sections 1800, 1801, 1802, 1802.1, 1810.7, 1810.8, 1811, and 1815 of, and to add Section 1802.3 to, the Insurance Code, and to amend Sections 1299.01 and 1299.02 of, and to repeal and add Section 1299.04 of, the Penal Code, relating to bail bonds. LEGISLATIVE COUNSEL'S DIGESTAB 2043, as introduced, Jones-Sawyer. Bail bonds.(1) Existing law, the Bail Fugitive Recovery Persons Act, regulates bail fugitive recovery persons, defined as a person given written authorization by the bail or depositor of bail and contracted to investigate, surveil, locate, and arrest a bail fugitive and any person employed to assist the bail or depositor of bail to investigate, surveil, locate, and arrest a bail fugitive. Existing law prohibits an insurer from executing an undertaking of bail except by and through a person holding a bail license, as specified.Existing law provides for the issuance of bail licenses under the jurisdiction of the Insurance Commissioner. Under existing law, bail licenses include bail agent licenses, bail permittee licenses, and bail solicitor licenses. Existing law requires the commissioner to charge and collect specified fees for an application for a new or renewed bail license by a bail agent, bail permittee, or bail solicitor.This bill would include bail fugitive recovery person licenses in the list of bail licenses and would prohibit a person from performing the activities of a bail fugitive recovery person unless the person holds a license, as specified. The bill would exempt an individual holding a bail agents, bail permittees, or bail solicitors license from a bail fugitive recovery persons licensing requirements.(2) Existing law permits a bail agent licensee to solicit, negotiate, and effect undertakings of bail on behalf of any surety insurer while an unrevoked notice of appointment, as specified, has been filed.This bill would also permit a bail fugitive recovery person licensee to perform the same actions on behalf of any surety insurer and under the same conditions as a bail agent licensee. (3) Existing law requires an applicant for a license to act as a bail agent to file with the commissioner a notice of appointment executed by a surety insurer or its authorized representative authorizing that applicant to execute undertakings of bail and to solicit and negotiate those undertakings on its behalf. Existing law allows a notice of appointment to continue in force until the occurrence of 3 specified events. This bill would also require an applicant for a bail fugitive recovery persons license to file a notice of appointment with the commissioner, and would allow a notice of appointment to continue in force until the termination of a bail fugitive recovery persons license, the end of the license term, as specified, or the filing of a notice of termination by the insurer, its representative, or the bail fugitive recovery person.(4) Existing law allows the commissioner to issue a temporary license to the executor or administrator of a deceased holder of a bail agents or bail permittees license. This bill would allow the commissioner to issue a temporary license to the executor or administrator of the estate of a deceased holder of a bail fugitive recovery persons license.(5) Existing law requires the commissioner to charge and collect specified fees for an application for a new or renewed bail license by a bail agent, bail permittee, or bail solicitor. Under existing law, the fee for an application or request for a bail agents or bail solicitors license is $283. Existing law establishes the fee for a bail permittees license at $567, and establishes other fees for renewal applications, fictitious name statements, bond filings, and amendments of applications, as specified.The bill would require the commissioner to collect an annual fee of $311 to file an application for a bail fugitive recovery persons license, and would increase the application fee for a bail agents or bail solicitors license to $311. The bill would also increase the application fee for a bail permittees license to $624. The bill would increase the fees to file other applications and documents, as specified.(6) Existing law requires the commissioner to publish and maintain a list of holders of certain licenses, as specified. This bill would require the commissioner to publish and maintain a list of holders of bail fugitive recovery persons licenses on the departments website, along with the license numbers.(7) Existing law requires certain persons contracting their services as a bail fugitive recovery person and certain licensees who engage in the arrest of a defendant to comply with various requirements, including being at least 18 years of age and completing various courses and classes. This bill would require a bail fugitive recovery person, a bail agent, a bail permittee, or bail solicitor who contracts their services as a bail fugitive recovery person and a bail agent, bail permittee, or bail solicitor who engages in the arrest of a defendant to instead comply with specified provisions of the Insurance Code and any regulations promulgated by the commissioner. (8) Existing law requires an applicant, prior to taking an examination for a bail license, to complete a minimum of 20 hours of classroom education pertaining to the duties and responsibilities of a bail licensee. Existing law requires a licensee to complete in each 2-year license term not fewer than 12 hours of continuing education in these subjects prior to renewal of their license.The bill would include an additional requirement, prior to taking an examination for a bail license, of completing a 40-hour power of arrest course, and would clarify that the completion of the course would be for educational purposes only and not intended to confer the power of arrest unless the person is employed by a governmental agency to make arrests. (9) Existing law prohibits a person, other than a certified law enforcement officer, to apprehend, detain, or arrest a bail fugitive unless the person is a specified bail licensee, bail fugitive recovery person, a private investigator licensed in this state, or holds a specified license in another state. Existing law makes a violation of the Bail Fugitive Recovery Persons Act a misdemeanor, punishable by a fine of $5,000, or imprisonment in a county jail not to exceed one year, or both that fine and imprisonment.This bill would prohibit a private investigator licensed in this state from apprehending, detaining, or arresting a bail fugitive. The bill would prohibit a licensed bail agent or bail fugitive recovery person from engaging in any of the duties, as specified, performed by a private investigator unless the person was also licensed as a private investigator. By increasing the scope of an existing crime and by creating a new crime, the bill would impose a state-mandated local program.(10) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 2043
Introduced by Assembly Member Jones-SawyerFebruary 14, 2022
Introduced by Assembly Member Jones-Sawyer
February 14, 2022
An act to amend Sections 1800, 1801, 1802, 1802.1, 1810.7, 1810.8, 1811, and 1815 of, and to add Section 1802.3 to, the Insurance Code, and to amend Sections 1299.01 and 1299.02 of, and to repeal and add Section 1299.04 of, the Penal Code, relating to bail bonds.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2043, as introduced, Jones-Sawyer. Bail bonds.
(1) Existing law, the Bail Fugitive Recovery Persons Act, regulates bail fugitive recovery persons, defined as a person given written authorization by the bail or depositor of bail and contracted to investigate, surveil, locate, and arrest a bail fugitive and any person employed to assist the bail or depositor of bail to investigate, surveil, locate, and arrest a bail fugitive. Existing law prohibits an insurer from executing an undertaking of bail except by and through a person holding a bail license, as specified.Existing law provides for the issuance of bail licenses under the jurisdiction of the Insurance Commissioner. Under existing law, bail licenses include bail agent licenses, bail permittee licenses, and bail solicitor licenses. Existing law requires the commissioner to charge and collect specified fees for an application for a new or renewed bail license by a bail agent, bail permittee, or bail solicitor.This bill would include bail fugitive recovery person licenses in the list of bail licenses and would prohibit a person from performing the activities of a bail fugitive recovery person unless the person holds a license, as specified. The bill would exempt an individual holding a bail agents, bail permittees, or bail solicitors license from a bail fugitive recovery persons licensing requirements.(2) Existing law permits a bail agent licensee to solicit, negotiate, and effect undertakings of bail on behalf of any surety insurer while an unrevoked notice of appointment, as specified, has been filed.This bill would also permit a bail fugitive recovery person licensee to perform the same actions on behalf of any surety insurer and under the same conditions as a bail agent licensee. (3) Existing law requires an applicant for a license to act as a bail agent to file with the commissioner a notice of appointment executed by a surety insurer or its authorized representative authorizing that applicant to execute undertakings of bail and to solicit and negotiate those undertakings on its behalf. Existing law allows a notice of appointment to continue in force until the occurrence of 3 specified events. This bill would also require an applicant for a bail fugitive recovery persons license to file a notice of appointment with the commissioner, and would allow a notice of appointment to continue in force until the termination of a bail fugitive recovery persons license, the end of the license term, as specified, or the filing of a notice of termination by the insurer, its representative, or the bail fugitive recovery person.(4) Existing law allows the commissioner to issue a temporary license to the executor or administrator of a deceased holder of a bail agents or bail permittees license. This bill would allow the commissioner to issue a temporary license to the executor or administrator of the estate of a deceased holder of a bail fugitive recovery persons license.(5) Existing law requires the commissioner to charge and collect specified fees for an application for a new or renewed bail license by a bail agent, bail permittee, or bail solicitor. Under existing law, the fee for an application or request for a bail agents or bail solicitors license is $283. Existing law establishes the fee for a bail permittees license at $567, and establishes other fees for renewal applications, fictitious name statements, bond filings, and amendments of applications, as specified.The bill would require the commissioner to collect an annual fee of $311 to file an application for a bail fugitive recovery persons license, and would increase the application fee for a bail agents or bail solicitors license to $311. The bill would also increase the application fee for a bail permittees license to $624. The bill would increase the fees to file other applications and documents, as specified.(6) Existing law requires the commissioner to publish and maintain a list of holders of certain licenses, as specified. This bill would require the commissioner to publish and maintain a list of holders of bail fugitive recovery persons licenses on the departments website, along with the license numbers.(7) Existing law requires certain persons contracting their services as a bail fugitive recovery person and certain licensees who engage in the arrest of a defendant to comply with various requirements, including being at least 18 years of age and completing various courses and classes. This bill would require a bail fugitive recovery person, a bail agent, a bail permittee, or bail solicitor who contracts their services as a bail fugitive recovery person and a bail agent, bail permittee, or bail solicitor who engages in the arrest of a defendant to instead comply with specified provisions of the Insurance Code and any regulations promulgated by the commissioner. (8) Existing law requires an applicant, prior to taking an examination for a bail license, to complete a minimum of 20 hours of classroom education pertaining to the duties and responsibilities of a bail licensee. Existing law requires a licensee to complete in each 2-year license term not fewer than 12 hours of continuing education in these subjects prior to renewal of their license.The bill would include an additional requirement, prior to taking an examination for a bail license, of completing a 40-hour power of arrest course, and would clarify that the completion of the course would be for educational purposes only and not intended to confer the power of arrest unless the person is employed by a governmental agency to make arrests. (9) Existing law prohibits a person, other than a certified law enforcement officer, to apprehend, detain, or arrest a bail fugitive unless the person is a specified bail licensee, bail fugitive recovery person, a private investigator licensed in this state, or holds a specified license in another state. Existing law makes a violation of the Bail Fugitive Recovery Persons Act a misdemeanor, punishable by a fine of $5,000, or imprisonment in a county jail not to exceed one year, or both that fine and imprisonment.This bill would prohibit a private investigator licensed in this state from apprehending, detaining, or arresting a bail fugitive. The bill would prohibit a licensed bail agent or bail fugitive recovery person from engaging in any of the duties, as specified, performed by a private investigator unless the person was also licensed as a private investigator. By increasing the scope of an existing crime and by creating a new crime, the bill would impose a state-mandated local program.(10) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.
(1) Existing law, the Bail Fugitive Recovery Persons Act, regulates bail fugitive recovery persons, defined as a person given written authorization by the bail or depositor of bail and contracted to investigate, surveil, locate, and arrest a bail fugitive and any person employed to assist the bail or depositor of bail to investigate, surveil, locate, and arrest a bail fugitive. Existing law prohibits an insurer from executing an undertaking of bail except by and through a person holding a bail license, as specified.
Existing law provides for the issuance of bail licenses under the jurisdiction of the Insurance Commissioner. Under existing law, bail licenses include bail agent licenses, bail permittee licenses, and bail solicitor licenses. Existing law requires the commissioner to charge and collect specified fees for an application for a new or renewed bail license by a bail agent, bail permittee, or bail solicitor.
This bill would include bail fugitive recovery person licenses in the list of bail licenses and would prohibit a person from performing the activities of a bail fugitive recovery person unless the person holds a license, as specified. The bill would exempt an individual holding a bail agents, bail permittees, or bail solicitors license from a bail fugitive recovery persons licensing requirements.
(2) Existing law permits a bail agent licensee to solicit, negotiate, and effect undertakings of bail on behalf of any surety insurer while an unrevoked notice of appointment, as specified, has been filed.
This bill would also permit a bail fugitive recovery person licensee to perform the same actions on behalf of any surety insurer and under the same conditions as a bail agent licensee.
(3) Existing law requires an applicant for a license to act as a bail agent to file with the commissioner a notice of appointment executed by a surety insurer or its authorized representative authorizing that applicant to execute undertakings of bail and to solicit and negotiate those undertakings on its behalf. Existing law allows a notice of appointment to continue in force until the occurrence of 3 specified events.
This bill would also require an applicant for a bail fugitive recovery persons license to file a notice of appointment with the commissioner, and would allow a notice of appointment to continue in force until the termination of a bail fugitive recovery persons license, the end of the license term, as specified, or the filing of a notice of termination by the insurer, its representative, or the bail fugitive recovery person.
(4) Existing law allows the commissioner to issue a temporary license to the executor or administrator of a deceased holder of a bail agents or bail permittees license.
This bill would allow the commissioner to issue a temporary license to the executor or administrator of the estate of a deceased holder of a bail fugitive recovery persons license.
(5) Existing law requires the commissioner to charge and collect specified fees for an application for a new or renewed bail license by a bail agent, bail permittee, or bail solicitor. Under existing law, the fee for an application or request for a bail agents or bail solicitors license is $283. Existing law establishes the fee for a bail permittees license at $567, and establishes other fees for renewal applications, fictitious name statements, bond filings, and amendments of applications, as specified.
The bill would require the commissioner to collect an annual fee of $311 to file an application for a bail fugitive recovery persons license, and would increase the application fee for a bail agents or bail solicitors license to $311. The bill would also increase the application fee for a bail permittees license to $624. The bill would increase the fees to file other applications and documents, as specified.
(6) Existing law requires the commissioner to publish and maintain a list of holders of certain licenses, as specified.
This bill would require the commissioner to publish and maintain a list of holders of bail fugitive recovery persons licenses on the departments website, along with the license numbers.
(7) Existing law requires certain persons contracting their services as a bail fugitive recovery person and certain licensees who engage in the arrest of a defendant to comply with various requirements, including being at least 18 years of age and completing various courses and classes.
This bill would require a bail fugitive recovery person, a bail agent, a bail permittee, or bail solicitor who contracts their services as a bail fugitive recovery person and a bail agent, bail permittee, or bail solicitor who engages in the arrest of a defendant to instead comply with specified provisions of the Insurance Code and any regulations promulgated by the commissioner.
(8) Existing law requires an applicant, prior to taking an examination for a bail license, to complete a minimum of 20 hours of classroom education pertaining to the duties and responsibilities of a bail licensee. Existing law requires a licensee to complete in each 2-year license term not fewer than 12 hours of continuing education in these subjects prior to renewal of their license.
The bill would include an additional requirement, prior to taking an examination for a bail license, of completing a 40-hour power of arrest course, and would clarify that the completion of the course would be for educational purposes only and not intended to confer the power of arrest unless the person is employed by a governmental agency to make arrests.
(9) Existing law prohibits a person, other than a certified law enforcement officer, to apprehend, detain, or arrest a bail fugitive unless the person is a specified bail licensee, bail fugitive recovery person, a private investigator licensed in this state, or holds a specified license in another state. Existing law makes a violation of the Bail Fugitive Recovery Persons Act a misdemeanor, punishable by a fine of $5,000, or imprisonment in a county jail not to exceed one year, or both that fine and imprisonment.
This bill would prohibit a private investigator licensed in this state from apprehending, detaining, or arresting a bail fugitive. The bill would prohibit a licensed bail agent or bail fugitive recovery person from engaging in any of the duties, as specified, performed by a private investigator unless the person was also licensed as a private investigator. By increasing the scope of an existing crime and by creating a new crime, the bill would impose a state-mandated local program.
(10) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 1800 of the Insurance Code is amended to read:1800. (a) An insurer shall not execute an undertaking of bail except by and through a person holding a bail license issued as provided in this chapter. A person shall not in this state solicit or negotiate in respect to execution or delivery of an undertaking of bail or bail bond by an insurer, or execute or deliver such an undertaking of bail or bail bond unless licensed as provided in this chapter, but if so licensed, such person may so solicit, negotiate, and effect such undertakings or bail bonds without holding or being named in any license specified in Chapter 5 of this part.(b) A person shall not perform in this state the activities of a bail fugitive recovery person, as defined in subdivision (d) of Section 1299.01 of the Penal Code, or solicit or negotiate to perform the activities of a bail fugitive recovery person, as defined in subdivision (d) of Section 1299.01 of the Penal Code, unless licensed pursuant to this chapter. If a person is licensed as a fugitive recovery person, they may solicit, negotiate, and perform those activities without holding or being named in any license specified in Chapter 5 of this part.(b)(c) For purposes of this section, solicit shall include any written or printed presentation or advertising made by mail or other publication, or any oral presentation or advertising by means of telephone, radio, or television which implies that an individual is licensed under this chapter, and any activity in arranging for bail which results in remuneration to the individual conducting that activity.SEC. 2. Section 1801 of the Insurance Code is amended to read:1801. Bail licenses are:(a) Bail agents licenses;(b) Bail permittees licenses;(c) Bail solicitors licenses. licenses;(d) Bail fugitive recovery person licenses.SEC. 3. Section 1802 of the Insurance Code is amended to read:1802. A bail agents or bail fugitive recovery persons license by its terms permits the licensee to solicit, negotiate, and effect undertakings of bail on behalf of any surety insurer while there is in effect an unrevoked notice of appointment of such insurer filed pursuant to Section 1802.1. Such license shall not be issued unless and until there is filed with the commissioner a bond having an admitted surety insurer as surety thereon in the penal sum of one thousand dollars ($1,000), conditioned upon the proper application and disposal of all moneys collected or received by the bail agent, his solicitors licensed pursuant to his appointment, and his employees, in favor of the people of the State of California.SEC. 4. Section 1802.1 of the Insurance Code is amended to read:1802.1. Every applicant for a license to act as a bail agent or a bail fugitive recovery person shall file with the commissioner a notice of appointment executed by a surety insurer or its authorized representative authorizing that applicant to execute undertakings of bail and to solicit and negotiate those undertakings on its behalf. Additional notices of appointment may be filed by other surety insurers, upon the payment for each additional notice of the fees specified in subdivision (a) of Section 1811, before the license is issued and thereafter, as long as the license remains in force. Each appointment shall, by its terms, continue in force until any of the following occur:(a) Termination of the bail agents or a bail fugitive recovery persons license.(b) The end of the license term, if the fee provided in subdivision (e) (f) of Section 1811 for filing a renewal application is not paid.(c) The filing of a notice of termination by the insurer, its representative, or by the bail agent. or the bail fugitive recovery person.SEC. 5. Section 1802.3 is added to the Insurance Code, to read:1802.3. (a) A bail fugitive recovery persons license, by its terms, permits the licensee to engage in the activities of a bail fugitive recovery person as set forth in subdivision (d) of Section 1299.01 of the Penal Code.(b) A bail fugitive recovery person licensee shall comply with the Bail Fugitive Recovery Persons Act (commencing with Section 1299) of the Penal Code.(c) Notwithstanding subdivision (b) of Section 1810, only natural persons may be licensed as bail fugitive recovery persons.(d) An individual who holds a license pursuant to Section 1802, 1802.5, or 1803, shall be exempt from the bail fugitive recovery persons licensing requirements. A bail agent, permittee, or solicitor shall disclose to the department if they are also a bail fugitive recovery person on their license application and renewal.SEC. 6. Section 1810.7 of the Insurance Code is amended to read:1810.7. (a) In order to be eligible to take the examination required to be licensed under this chapter, the applicant shall have completed a the following:(1) A minimum of 20 hours of classroom education in subjects pertinent to the duties and responsibilities of a bail licensee, including, but not limited to, all related laws and regulations, rights of the accused, ethics, and apprehension of bail fugitives. Additionally, a licensee shall complete in(2) A 40-hour power of arrest course certified by the Commission on Peace Officer Standards and Training pursuant to Section 832 of the Penal Code. Completion of the course shall be for educational purposes only and not intended to confer the power of arrest of a peace officer or public officer, or agent of any federal, state, or local government, unless the person is so employed by a governmental agency.(3) In each two-year license term not less than 12 hours of continuing education in these subjects prior to renewal of his or her their license.(b) The commissioner shall approve or disapprove an applicant to provide education for licensure as required by this section within 90 days of receipt of the applicants full and complete application. However, this 90-day period shall be tolled during the pendency of any investigation of the applicant by the commissioner for an alleged violation that would, if proven, result in the suspension, revocation, or denial of the providers approval to provide continuing education to bail agents as prescribed in Section 1813. Failure to disapprove an applicant within this period shall result in the automatic approval of the application. Approval shall be valid for two years. The commissioner may, at any time, disapprove any provider who is not qualified or whose course outlines are not approved, who is not of good business reputation, or who is lacking in integrity, honesty, or competency. A provider shall not provide education for licensure following the expiration of the two-year approval period unless the commissioner has renewed the providers approval. The commissioner shall, at the time of renewal, approve or disapprove the course outlines and schedule of classes to be provided.(c) Providers responsible for providing education for licensure under this chapter shall consult with the California State Sheriffs Association, the California District Attorneys Association, and the County Counsels Association of California prior to submission of the course outlines for approval by the commissioner, and these entities may respond within 30 days of receipt of a request for consultation from a provider. Providers shall maintain records of their requests for consultation and any responses from these entities, and make these records available to the department for review as requested. The bail license fee shall be increased, the amount of which shall be determined by the commissioner, which shall be deposited in the Insurance Fund for the purposes of recovering the administrative costs for meeting the conditions and purposes of this section. Providers of education or continuing education shall offer courses to all applicants at the same course fees.(d) Any person who falsely represents to the commissioner that compliance with this section has been met shall be subject, after notice and hearing, to the penalties and fines set out in Section 1814.(e) A licensee shall not be required to comply with the continuing education requirements of this section if the licensee submits proof satisfactory to the commissioner that he or she has they have been a licensee in good standing for 30 continuous years in this state and is 70 years of age or older.(f) The commissioner may make reasonable rules and regulations necessary, advisable, and convenient for the administration and enforcement of this chapter. The rules and regulations may include a schedule establishing fees to be paid by an applicant seeking approval to act as a provider and to deliver courses under this section. Those fees shall be in an amount no greater than fees paid by applicants providing similar courses to other insurance agents licensed by the department, as specified in Section 1751.1.(g) Nothing in this chapter shall preclude completion of the bail agent continuing education requirements of this section through a course of instruction offered via the Internet or correspondence. However, this subdivision shall not be construed to allow completion of the prelicensing education requirements of this section through a course of instruction.(h) Successful completion of the continuing education requirements by means of an Internet or correspondence course shall require obtaining a passing grade of at least 70 percent on a written final examination. The final examination shall be open book and shall be graded by the approved provider. The provider shall issue certificates of completion only to those students who have passed the final examination.SEC. 7. Section 1810.8 of the Insurance Code is amended to read:1810.8. The commissioner may issue a temporary license to the executor or administrator of the estate of a deceased holder of a bail agents license or license, bail permittees license, or bail fugitive recovery persons license, permitting such party to act as such representative to exercise the rights and privileges of such a license holder for the purpose of conducting the business of the estate for a period of one year from and after the date of the death, pending, but not after, the disposal of the business.SEC. 8. Section 1811 of the Insurance Code is amended to read:1811. For his or her the individuals services in connection with the filing of any application or request for any license under this chapter, the commissioner shall charge and collect the following fees:(a) For filing an application or request for bail agents license, two hundred eighty-three dollars ($283) three hundred eleven dollars ($311) per year.(b) For filing an application or request for bail solicitors license, two hundred eighty-three dollars ($283) three hundred eleven dollars ($311) per year.(c) For filing an application or request for bail permittees license, five hundred sixty-seven dollars ($567). six hundred twenty-four dollars ($624).(d) For filling an application or request for bail fugitive recovery persons license, three hundred eleven dollars ($311) per year.(d)(e) For filing an application for examination, or reexamination, fifty-six dollars ($56). sixty-two dollars ($62).(e)(f) For a renewal application, a fee of eighty-five dollars ($85) ninety-four dollars ($94) per year. In the case of a bail agent with more than one valid notice of appointment on file, the fee to be charged pursuant to this subdivision shall be the fee provided herein multiplied by the number of insurers whose valid appointments are on file on the date the document is filed unless the bail agent in that document advises the commissioner of his or her the individuals intent to terminate the appointment of one or more of those insurers, in which event the fee shall be based upon the number for insurers remaining.(f)(g) For a bail solicitors renewal application, a fee of eighty-five dollars ($85) ninety-four dollars ($94) per year.(g)(h) For a bail permittees renewal application, a fee of three hundred fifty-eight dollars ($358) ninety-four dollars ($394) per year.(i) For a bail fugitive recovery persons renewal application, a fee of ninety-four dollars ($94) per year.(h)(j) At the time of filing an application for a license, if a qualifying examination is required for issue or in connection with the license, the fee for filing the first application to take the qualifying examination shall be paid at the time of filing application for the license.(i)(k) For filing application or request for approval of a true or fictitious name pursuant to Section 1724.5, twenty-nine dollars ($29), thirty-two dollars ($32), except that there shall be no fee when the name is contained in an original application.(j)(l) For filing a bond required by this chapter, except when the bond constitutes part of an original application, twenty-five dollars ($25). twenty-eight dollars ($28).(k)(m) For filing a first amendment to an application, fourteen dollars ($14). fifteen dollars ($15).(l)(n) For filing a second and each subsequent amendment to an application, twenty-nine dollars ($29). thirty-two dollars ($32).SEC. 9. Section 1815 of the Insurance Code is amended to read:1815. The commissioner shall publish and maintain a list of the names of holders of bail agents and bail permittees licenses and their solicitors and bail fugitive recovery persons licenses on the departments public Web site, website, together with their license numbers and any other information in respect to the persons as he or she the commissioner considers advisable. He or she The commissioner shall promptly upon termination, for any cause, of any license, update the departments public Web site. website.SEC. 10. Section 1299.01 of the Penal Code is amended to read:1299.01. For purposes of this article, the following terms shall have the following meanings:(a) Bail fugitive means a defendant in a pending criminal case who has been released from custody under a financially secured appearance, cash, or other bond and has had that bond declared forfeited, or a defendant in a pending criminal case who has violated a bond condition whereby apprehension and reincarceration are permitted.(b) Bail means a person bail agent, bail permittee, or bail solicitor licensed by the Department of Insurance pursuant to Section 1800 Section 1802, 1802.5, or 1803 of the Insurance Code.(c) Depositor of bail means a person who or entity that has deposited money or bonds to secure the release of a person charged with a crime or offense.(d) Bail fugitive recovery person means a person licensed pursuant to Section 1802.3 of the Insurance Code who is provided written authorization pursuant to Sections 1300 and 1301 by the bail or depositor of bail, and is contracted to investigate, surveil, locate, and arrest a bail fugitive for surrender to the appropriate court, jail, or police department, and any person who is employed to assist a bail or depositor of bail to investigate, surveil, locate, and arrest a bail fugitive for surrender to the appropriate court, jail, or police department.SEC. 11. Section 1299.02 of the Penal Code is amended to read:1299.02. (a) No person, other than a certified law enforcement officer, shall be authorized to apprehend, detain, or arrest a bail fugitive unless that person meets one of the following conditions:(1) Is a bail as defined in subdivision (b) of Section 1299.01 or a depositor of bail as defined in subdivision (c) of Section 1299.01.(2) Is a bail fugitive recovery person as defined in subdivision (d) of Section 1299.01.(3) Holds a bail license issued by a state other than California or is authorized by another state to transact and post bail and is in compliance with the provisions of Section 847.5 with respect to the arrest of a bail fugitive.(4)Is licensed as a private investigator as provided in Chapter 11.3 (commencing with Section 7512) of Division 3 of the Business and Professions Code.(5)(4) Holds a private investigator license issued by another state, is authorized by the bail or depositor of bail to apprehend a bail fugitive, and is in compliance with the provisions of Section 847.5 with respect to the arrest of a bail fugitive.(b) This article shall not prohibit an arrest pursuant to Sections 837, 838, and 839. 839, provided that no consideration is paid or allowed, directly or indirectly, to any person effecting an arrest pursuant to Sections 837, 838, or 839.(c) A licensed bail agent or bail fugitive recovery person shall not perform any of the duties described in Section 7521 of the Business and Professions Code unless they are also licensed pursuant to Chapter 11.3 (commencing with Section 7512) of the Business and Professions Code. SEC. 12. Section 1299.04 of the Penal Code is repealed.1299.04.(a)A bail fugitive recovery person, a bail agent, bail permittee, or bail solicitor who contracts his or her services to another bail agent or surety as a bail fugitive recovery person for the purposes specified in subdivision (d) of Section 1299.01, and any bail agent, bail permittee, or bail solicitor who obtains licensing after January 1, 2000, and who engages in the arrest of a defendant pursuant to Section 1301 shall comply with the following requirements:(1)The person shall be at least 18 years of age.(2)The person shall have completed a 40-hour power of arrest course certified by the Commission on Peace Officer Standards and Training pursuant to Section 832. Completion of the course shall be for educational purposes only and not intended to confer the power of arrest of a peace officer or public officer, or agent of any federal, state, or local government, unless the person is so employed by a governmental agency.(3)The person shall have completed a minimum of 20 hours of classroom prelicensing education certified pursuant to Section 1810.7 of the Insurance Code. For those persons licensed by the department as a bail licensee prior to January 1, 1994, there is no prelicensing education requirement. For those persons licensed by the department as a bail licensee between January 1, 1994, and December 31, 2012, a minimum of 12 hours of classroom prelicensing education is required.(4)The person shall not have been convicted of a felony, unless the person is licensed by the Department of Insurance pursuant to Section 1800 of the Insurance Code.(b)Upon completion of any course or training program required by this section, an individual authorized by Section 1299.02 to apprehend a bail fugitive shall carry certificates of completion with him or her at all times in the course of performing his or her duties under this article.SEC. 13. Section 1299.04 is added to the Penal Code, to read:1299.04. A bail fugitive recovery person, a bail agent, bail permittee, or bail solicitor who contracts their services to another bail agent or surety as a bail fugitive recovery person for the purposes specified in subdivision (d) of Section 1299.01, and any bail agent, bail permittee, or bail solicitor who obtains licensing after January 1, 2000, and who engages in the arrest of a defendant pursuant to Section 1301 shall comply with Sections 1800 to 1823, inclusive, of the Insurance Code, and any regulations promulgated by the Insurance Commissioner.SEC. 14. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 1800 of the Insurance Code is amended to read:1800. (a) An insurer shall not execute an undertaking of bail except by and through a person holding a bail license issued as provided in this chapter. A person shall not in this state solicit or negotiate in respect to execution or delivery of an undertaking of bail or bail bond by an insurer, or execute or deliver such an undertaking of bail or bail bond unless licensed as provided in this chapter, but if so licensed, such person may so solicit, negotiate, and effect such undertakings or bail bonds without holding or being named in any license specified in Chapter 5 of this part.(b) A person shall not perform in this state the activities of a bail fugitive recovery person, as defined in subdivision (d) of Section 1299.01 of the Penal Code, or solicit or negotiate to perform the activities of a bail fugitive recovery person, as defined in subdivision (d) of Section 1299.01 of the Penal Code, unless licensed pursuant to this chapter. If a person is licensed as a fugitive recovery person, they may solicit, negotiate, and perform those activities without holding or being named in any license specified in Chapter 5 of this part.(b)(c) For purposes of this section, solicit shall include any written or printed presentation or advertising made by mail or other publication, or any oral presentation or advertising by means of telephone, radio, or television which implies that an individual is licensed under this chapter, and any activity in arranging for bail which results in remuneration to the individual conducting that activity.
SECTION 1. Section 1800 of the Insurance Code is amended to read:
### SECTION 1.
1800. (a) An insurer shall not execute an undertaking of bail except by and through a person holding a bail license issued as provided in this chapter. A person shall not in this state solicit or negotiate in respect to execution or delivery of an undertaking of bail or bail bond by an insurer, or execute or deliver such an undertaking of bail or bail bond unless licensed as provided in this chapter, but if so licensed, such person may so solicit, negotiate, and effect such undertakings or bail bonds without holding or being named in any license specified in Chapter 5 of this part.(b) A person shall not perform in this state the activities of a bail fugitive recovery person, as defined in subdivision (d) of Section 1299.01 of the Penal Code, or solicit or negotiate to perform the activities of a bail fugitive recovery person, as defined in subdivision (d) of Section 1299.01 of the Penal Code, unless licensed pursuant to this chapter. If a person is licensed as a fugitive recovery person, they may solicit, negotiate, and perform those activities without holding or being named in any license specified in Chapter 5 of this part.(b)(c) For purposes of this section, solicit shall include any written or printed presentation or advertising made by mail or other publication, or any oral presentation or advertising by means of telephone, radio, or television which implies that an individual is licensed under this chapter, and any activity in arranging for bail which results in remuneration to the individual conducting that activity.
1800. (a) An insurer shall not execute an undertaking of bail except by and through a person holding a bail license issued as provided in this chapter. A person shall not in this state solicit or negotiate in respect to execution or delivery of an undertaking of bail or bail bond by an insurer, or execute or deliver such an undertaking of bail or bail bond unless licensed as provided in this chapter, but if so licensed, such person may so solicit, negotiate, and effect such undertakings or bail bonds without holding or being named in any license specified in Chapter 5 of this part.(b) A person shall not perform in this state the activities of a bail fugitive recovery person, as defined in subdivision (d) of Section 1299.01 of the Penal Code, or solicit or negotiate to perform the activities of a bail fugitive recovery person, as defined in subdivision (d) of Section 1299.01 of the Penal Code, unless licensed pursuant to this chapter. If a person is licensed as a fugitive recovery person, they may solicit, negotiate, and perform those activities without holding or being named in any license specified in Chapter 5 of this part.(b)(c) For purposes of this section, solicit shall include any written or printed presentation or advertising made by mail or other publication, or any oral presentation or advertising by means of telephone, radio, or television which implies that an individual is licensed under this chapter, and any activity in arranging for bail which results in remuneration to the individual conducting that activity.
1800. (a) An insurer shall not execute an undertaking of bail except by and through a person holding a bail license issued as provided in this chapter. A person shall not in this state solicit or negotiate in respect to execution or delivery of an undertaking of bail or bail bond by an insurer, or execute or deliver such an undertaking of bail or bail bond unless licensed as provided in this chapter, but if so licensed, such person may so solicit, negotiate, and effect such undertakings or bail bonds without holding or being named in any license specified in Chapter 5 of this part.(b) A person shall not perform in this state the activities of a bail fugitive recovery person, as defined in subdivision (d) of Section 1299.01 of the Penal Code, or solicit or negotiate to perform the activities of a bail fugitive recovery person, as defined in subdivision (d) of Section 1299.01 of the Penal Code, unless licensed pursuant to this chapter. If a person is licensed as a fugitive recovery person, they may solicit, negotiate, and perform those activities without holding or being named in any license specified in Chapter 5 of this part.(b)(c) For purposes of this section, solicit shall include any written or printed presentation or advertising made by mail or other publication, or any oral presentation or advertising by means of telephone, radio, or television which implies that an individual is licensed under this chapter, and any activity in arranging for bail which results in remuneration to the individual conducting that activity.
1800. (a) An insurer shall not execute an undertaking of bail except by and through a person holding a bail license issued as provided in this chapter. A person shall not in this state solicit or negotiate in respect to execution or delivery of an undertaking of bail or bail bond by an insurer, or execute or deliver such an undertaking of bail or bail bond unless licensed as provided in this chapter, but if so licensed, such person may so solicit, negotiate, and effect such undertakings or bail bonds without holding or being named in any license specified in Chapter 5 of this part.
(b) A person shall not perform in this state the activities of a bail fugitive recovery person, as defined in subdivision (d) of Section 1299.01 of the Penal Code, or solicit or negotiate to perform the activities of a bail fugitive recovery person, as defined in subdivision (d) of Section 1299.01 of the Penal Code, unless licensed pursuant to this chapter. If a person is licensed as a fugitive recovery person, they may solicit, negotiate, and perform those activities without holding or being named in any license specified in Chapter 5 of this part.
(b)
(c) For purposes of this section, solicit shall include any written or printed presentation or advertising made by mail or other publication, or any oral presentation or advertising by means of telephone, radio, or television which implies that an individual is licensed under this chapter, and any activity in arranging for bail which results in remuneration to the individual conducting that activity.
SEC. 2. Section 1801 of the Insurance Code is amended to read:1801. Bail licenses are:(a) Bail agents licenses;(b) Bail permittees licenses;(c) Bail solicitors licenses. licenses;(d) Bail fugitive recovery person licenses.
SEC. 2. Section 1801 of the Insurance Code is amended to read:
### SEC. 2.
1801. Bail licenses are:(a) Bail agents licenses;(b) Bail permittees licenses;(c) Bail solicitors licenses. licenses;(d) Bail fugitive recovery person licenses.
1801. Bail licenses are:(a) Bail agents licenses;(b) Bail permittees licenses;(c) Bail solicitors licenses. licenses;(d) Bail fugitive recovery person licenses.
1801. Bail licenses are:(a) Bail agents licenses;(b) Bail permittees licenses;(c) Bail solicitors licenses. licenses;(d) Bail fugitive recovery person licenses.
1801. Bail licenses are:
(a) Bail agents licenses;
(b) Bail permittees licenses;
(c) Bail solicitors licenses. licenses;
(d) Bail fugitive recovery person licenses.
SEC. 3. Section 1802 of the Insurance Code is amended to read:1802. A bail agents or bail fugitive recovery persons license by its terms permits the licensee to solicit, negotiate, and effect undertakings of bail on behalf of any surety insurer while there is in effect an unrevoked notice of appointment of such insurer filed pursuant to Section 1802.1. Such license shall not be issued unless and until there is filed with the commissioner a bond having an admitted surety insurer as surety thereon in the penal sum of one thousand dollars ($1,000), conditioned upon the proper application and disposal of all moneys collected or received by the bail agent, his solicitors licensed pursuant to his appointment, and his employees, in favor of the people of the State of California.
SEC. 3. Section 1802 of the Insurance Code is amended to read:
### SEC. 3.
1802. A bail agents or bail fugitive recovery persons license by its terms permits the licensee to solicit, negotiate, and effect undertakings of bail on behalf of any surety insurer while there is in effect an unrevoked notice of appointment of such insurer filed pursuant to Section 1802.1. Such license shall not be issued unless and until there is filed with the commissioner a bond having an admitted surety insurer as surety thereon in the penal sum of one thousand dollars ($1,000), conditioned upon the proper application and disposal of all moneys collected or received by the bail agent, his solicitors licensed pursuant to his appointment, and his employees, in favor of the people of the State of California.
1802. A bail agents or bail fugitive recovery persons license by its terms permits the licensee to solicit, negotiate, and effect undertakings of bail on behalf of any surety insurer while there is in effect an unrevoked notice of appointment of such insurer filed pursuant to Section 1802.1. Such license shall not be issued unless and until there is filed with the commissioner a bond having an admitted surety insurer as surety thereon in the penal sum of one thousand dollars ($1,000), conditioned upon the proper application and disposal of all moneys collected or received by the bail agent, his solicitors licensed pursuant to his appointment, and his employees, in favor of the people of the State of California.
1802. A bail agents or bail fugitive recovery persons license by its terms permits the licensee to solicit, negotiate, and effect undertakings of bail on behalf of any surety insurer while there is in effect an unrevoked notice of appointment of such insurer filed pursuant to Section 1802.1. Such license shall not be issued unless and until there is filed with the commissioner a bond having an admitted surety insurer as surety thereon in the penal sum of one thousand dollars ($1,000), conditioned upon the proper application and disposal of all moneys collected or received by the bail agent, his solicitors licensed pursuant to his appointment, and his employees, in favor of the people of the State of California.
1802. A bail agents or bail fugitive recovery persons license by its terms permits the licensee to solicit, negotiate, and effect undertakings of bail on behalf of any surety insurer while there is in effect an unrevoked notice of appointment of such insurer filed pursuant to Section 1802.1. Such license shall not be issued unless and until there is filed with the commissioner a bond having an admitted surety insurer as surety thereon in the penal sum of one thousand dollars ($1,000), conditioned upon the proper application and disposal of all moneys collected or received by the bail agent, his solicitors licensed pursuant to his appointment, and his employees, in favor of the people of the State of California.
SEC. 4. Section 1802.1 of the Insurance Code is amended to read:1802.1. Every applicant for a license to act as a bail agent or a bail fugitive recovery person shall file with the commissioner a notice of appointment executed by a surety insurer or its authorized representative authorizing that applicant to execute undertakings of bail and to solicit and negotiate those undertakings on its behalf. Additional notices of appointment may be filed by other surety insurers, upon the payment for each additional notice of the fees specified in subdivision (a) of Section 1811, before the license is issued and thereafter, as long as the license remains in force. Each appointment shall, by its terms, continue in force until any of the following occur:(a) Termination of the bail agents or a bail fugitive recovery persons license.(b) The end of the license term, if the fee provided in subdivision (e) (f) of Section 1811 for filing a renewal application is not paid.(c) The filing of a notice of termination by the insurer, its representative, or by the bail agent. or the bail fugitive recovery person.
SEC. 4. Section 1802.1 of the Insurance Code is amended to read:
### SEC. 4.
1802.1. Every applicant for a license to act as a bail agent or a bail fugitive recovery person shall file with the commissioner a notice of appointment executed by a surety insurer or its authorized representative authorizing that applicant to execute undertakings of bail and to solicit and negotiate those undertakings on its behalf. Additional notices of appointment may be filed by other surety insurers, upon the payment for each additional notice of the fees specified in subdivision (a) of Section 1811, before the license is issued and thereafter, as long as the license remains in force. Each appointment shall, by its terms, continue in force until any of the following occur:(a) Termination of the bail agents or a bail fugitive recovery persons license.(b) The end of the license term, if the fee provided in subdivision (e) (f) of Section 1811 for filing a renewal application is not paid.(c) The filing of a notice of termination by the insurer, its representative, or by the bail agent. or the bail fugitive recovery person.
1802.1. Every applicant for a license to act as a bail agent or a bail fugitive recovery person shall file with the commissioner a notice of appointment executed by a surety insurer or its authorized representative authorizing that applicant to execute undertakings of bail and to solicit and negotiate those undertakings on its behalf. Additional notices of appointment may be filed by other surety insurers, upon the payment for each additional notice of the fees specified in subdivision (a) of Section 1811, before the license is issued and thereafter, as long as the license remains in force. Each appointment shall, by its terms, continue in force until any of the following occur:(a) Termination of the bail agents or a bail fugitive recovery persons license.(b) The end of the license term, if the fee provided in subdivision (e) (f) of Section 1811 for filing a renewal application is not paid.(c) The filing of a notice of termination by the insurer, its representative, or by the bail agent. or the bail fugitive recovery person.
1802.1. Every applicant for a license to act as a bail agent or a bail fugitive recovery person shall file with the commissioner a notice of appointment executed by a surety insurer or its authorized representative authorizing that applicant to execute undertakings of bail and to solicit and negotiate those undertakings on its behalf. Additional notices of appointment may be filed by other surety insurers, upon the payment for each additional notice of the fees specified in subdivision (a) of Section 1811, before the license is issued and thereafter, as long as the license remains in force. Each appointment shall, by its terms, continue in force until any of the following occur:(a) Termination of the bail agents or a bail fugitive recovery persons license.(b) The end of the license term, if the fee provided in subdivision (e) (f) of Section 1811 for filing a renewal application is not paid.(c) The filing of a notice of termination by the insurer, its representative, or by the bail agent. or the bail fugitive recovery person.
1802.1. Every applicant for a license to act as a bail agent or a bail fugitive recovery person shall file with the commissioner a notice of appointment executed by a surety insurer or its authorized representative authorizing that applicant to execute undertakings of bail and to solicit and negotiate those undertakings on its behalf. Additional notices of appointment may be filed by other surety insurers, upon the payment for each additional notice of the fees specified in subdivision (a) of Section 1811, before the license is issued and thereafter, as long as the license remains in force. Each appointment shall, by its terms, continue in force until any of the following occur:
(a) Termination of the bail agents or a bail fugitive recovery persons license.
(b) The end of the license term, if the fee provided in subdivision (e) (f) of Section 1811 for filing a renewal application is not paid.
(c) The filing of a notice of termination by the insurer, its representative, or by the bail agent. or the bail fugitive recovery person.
SEC. 5. Section 1802.3 is added to the Insurance Code, to read:1802.3. (a) A bail fugitive recovery persons license, by its terms, permits the licensee to engage in the activities of a bail fugitive recovery person as set forth in subdivision (d) of Section 1299.01 of the Penal Code.(b) A bail fugitive recovery person licensee shall comply with the Bail Fugitive Recovery Persons Act (commencing with Section 1299) of the Penal Code.(c) Notwithstanding subdivision (b) of Section 1810, only natural persons may be licensed as bail fugitive recovery persons.(d) An individual who holds a license pursuant to Section 1802, 1802.5, or 1803, shall be exempt from the bail fugitive recovery persons licensing requirements. A bail agent, permittee, or solicitor shall disclose to the department if they are also a bail fugitive recovery person on their license application and renewal.
SEC. 5. Section 1802.3 is added to the Insurance Code, to read:
### SEC. 5.
1802.3. (a) A bail fugitive recovery persons license, by its terms, permits the licensee to engage in the activities of a bail fugitive recovery person as set forth in subdivision (d) of Section 1299.01 of the Penal Code.(b) A bail fugitive recovery person licensee shall comply with the Bail Fugitive Recovery Persons Act (commencing with Section 1299) of the Penal Code.(c) Notwithstanding subdivision (b) of Section 1810, only natural persons may be licensed as bail fugitive recovery persons.(d) An individual who holds a license pursuant to Section 1802, 1802.5, or 1803, shall be exempt from the bail fugitive recovery persons licensing requirements. A bail agent, permittee, or solicitor shall disclose to the department if they are also a bail fugitive recovery person on their license application and renewal.
1802.3. (a) A bail fugitive recovery persons license, by its terms, permits the licensee to engage in the activities of a bail fugitive recovery person as set forth in subdivision (d) of Section 1299.01 of the Penal Code.(b) A bail fugitive recovery person licensee shall comply with the Bail Fugitive Recovery Persons Act (commencing with Section 1299) of the Penal Code.(c) Notwithstanding subdivision (b) of Section 1810, only natural persons may be licensed as bail fugitive recovery persons.(d) An individual who holds a license pursuant to Section 1802, 1802.5, or 1803, shall be exempt from the bail fugitive recovery persons licensing requirements. A bail agent, permittee, or solicitor shall disclose to the department if they are also a bail fugitive recovery person on their license application and renewal.
1802.3. (a) A bail fugitive recovery persons license, by its terms, permits the licensee to engage in the activities of a bail fugitive recovery person as set forth in subdivision (d) of Section 1299.01 of the Penal Code.(b) A bail fugitive recovery person licensee shall comply with the Bail Fugitive Recovery Persons Act (commencing with Section 1299) of the Penal Code.(c) Notwithstanding subdivision (b) of Section 1810, only natural persons may be licensed as bail fugitive recovery persons.(d) An individual who holds a license pursuant to Section 1802, 1802.5, or 1803, shall be exempt from the bail fugitive recovery persons licensing requirements. A bail agent, permittee, or solicitor shall disclose to the department if they are also a bail fugitive recovery person on their license application and renewal.
1802.3. (a) A bail fugitive recovery persons license, by its terms, permits the licensee to engage in the activities of a bail fugitive recovery person as set forth in subdivision (d) of Section 1299.01 of the Penal Code.
(b) A bail fugitive recovery person licensee shall comply with the Bail Fugitive Recovery Persons Act (commencing with Section 1299) of the Penal Code.
(c) Notwithstanding subdivision (b) of Section 1810, only natural persons may be licensed as bail fugitive recovery persons.
(d) An individual who holds a license pursuant to Section 1802, 1802.5, or 1803, shall be exempt from the bail fugitive recovery persons licensing requirements. A bail agent, permittee, or solicitor shall disclose to the department if they are also a bail fugitive recovery person on their license application and renewal.
SEC. 6. Section 1810.7 of the Insurance Code is amended to read:1810.7. (a) In order to be eligible to take the examination required to be licensed under this chapter, the applicant shall have completed a the following:(1) A minimum of 20 hours of classroom education in subjects pertinent to the duties and responsibilities of a bail licensee, including, but not limited to, all related laws and regulations, rights of the accused, ethics, and apprehension of bail fugitives. Additionally, a licensee shall complete in(2) A 40-hour power of arrest course certified by the Commission on Peace Officer Standards and Training pursuant to Section 832 of the Penal Code. Completion of the course shall be for educational purposes only and not intended to confer the power of arrest of a peace officer or public officer, or agent of any federal, state, or local government, unless the person is so employed by a governmental agency.(3) In each two-year license term not less than 12 hours of continuing education in these subjects prior to renewal of his or her their license.(b) The commissioner shall approve or disapprove an applicant to provide education for licensure as required by this section within 90 days of receipt of the applicants full and complete application. However, this 90-day period shall be tolled during the pendency of any investigation of the applicant by the commissioner for an alleged violation that would, if proven, result in the suspension, revocation, or denial of the providers approval to provide continuing education to bail agents as prescribed in Section 1813. Failure to disapprove an applicant within this period shall result in the automatic approval of the application. Approval shall be valid for two years. The commissioner may, at any time, disapprove any provider who is not qualified or whose course outlines are not approved, who is not of good business reputation, or who is lacking in integrity, honesty, or competency. A provider shall not provide education for licensure following the expiration of the two-year approval period unless the commissioner has renewed the providers approval. The commissioner shall, at the time of renewal, approve or disapprove the course outlines and schedule of classes to be provided.(c) Providers responsible for providing education for licensure under this chapter shall consult with the California State Sheriffs Association, the California District Attorneys Association, and the County Counsels Association of California prior to submission of the course outlines for approval by the commissioner, and these entities may respond within 30 days of receipt of a request for consultation from a provider. Providers shall maintain records of their requests for consultation and any responses from these entities, and make these records available to the department for review as requested. The bail license fee shall be increased, the amount of which shall be determined by the commissioner, which shall be deposited in the Insurance Fund for the purposes of recovering the administrative costs for meeting the conditions and purposes of this section. Providers of education or continuing education shall offer courses to all applicants at the same course fees.(d) Any person who falsely represents to the commissioner that compliance with this section has been met shall be subject, after notice and hearing, to the penalties and fines set out in Section 1814.(e) A licensee shall not be required to comply with the continuing education requirements of this section if the licensee submits proof satisfactory to the commissioner that he or she has they have been a licensee in good standing for 30 continuous years in this state and is 70 years of age or older.(f) The commissioner may make reasonable rules and regulations necessary, advisable, and convenient for the administration and enforcement of this chapter. The rules and regulations may include a schedule establishing fees to be paid by an applicant seeking approval to act as a provider and to deliver courses under this section. Those fees shall be in an amount no greater than fees paid by applicants providing similar courses to other insurance agents licensed by the department, as specified in Section 1751.1.(g) Nothing in this chapter shall preclude completion of the bail agent continuing education requirements of this section through a course of instruction offered via the Internet or correspondence. However, this subdivision shall not be construed to allow completion of the prelicensing education requirements of this section through a course of instruction.(h) Successful completion of the continuing education requirements by means of an Internet or correspondence course shall require obtaining a passing grade of at least 70 percent on a written final examination. The final examination shall be open book and shall be graded by the approved provider. The provider shall issue certificates of completion only to those students who have passed the final examination.
SEC. 6. Section 1810.7 of the Insurance Code is amended to read:
### SEC. 6.
1810.7. (a) In order to be eligible to take the examination required to be licensed under this chapter, the applicant shall have completed a the following:(1) A minimum of 20 hours of classroom education in subjects pertinent to the duties and responsibilities of a bail licensee, including, but not limited to, all related laws and regulations, rights of the accused, ethics, and apprehension of bail fugitives. Additionally, a licensee shall complete in(2) A 40-hour power of arrest course certified by the Commission on Peace Officer Standards and Training pursuant to Section 832 of the Penal Code. Completion of the course shall be for educational purposes only and not intended to confer the power of arrest of a peace officer or public officer, or agent of any federal, state, or local government, unless the person is so employed by a governmental agency.(3) In each two-year license term not less than 12 hours of continuing education in these subjects prior to renewal of his or her their license.(b) The commissioner shall approve or disapprove an applicant to provide education for licensure as required by this section within 90 days of receipt of the applicants full and complete application. However, this 90-day period shall be tolled during the pendency of any investigation of the applicant by the commissioner for an alleged violation that would, if proven, result in the suspension, revocation, or denial of the providers approval to provide continuing education to bail agents as prescribed in Section 1813. Failure to disapprove an applicant within this period shall result in the automatic approval of the application. Approval shall be valid for two years. The commissioner may, at any time, disapprove any provider who is not qualified or whose course outlines are not approved, who is not of good business reputation, or who is lacking in integrity, honesty, or competency. A provider shall not provide education for licensure following the expiration of the two-year approval period unless the commissioner has renewed the providers approval. The commissioner shall, at the time of renewal, approve or disapprove the course outlines and schedule of classes to be provided.(c) Providers responsible for providing education for licensure under this chapter shall consult with the California State Sheriffs Association, the California District Attorneys Association, and the County Counsels Association of California prior to submission of the course outlines for approval by the commissioner, and these entities may respond within 30 days of receipt of a request for consultation from a provider. Providers shall maintain records of their requests for consultation and any responses from these entities, and make these records available to the department for review as requested. The bail license fee shall be increased, the amount of which shall be determined by the commissioner, which shall be deposited in the Insurance Fund for the purposes of recovering the administrative costs for meeting the conditions and purposes of this section. Providers of education or continuing education shall offer courses to all applicants at the same course fees.(d) Any person who falsely represents to the commissioner that compliance with this section has been met shall be subject, after notice and hearing, to the penalties and fines set out in Section 1814.(e) A licensee shall not be required to comply with the continuing education requirements of this section if the licensee submits proof satisfactory to the commissioner that he or she has they have been a licensee in good standing for 30 continuous years in this state and is 70 years of age or older.(f) The commissioner may make reasonable rules and regulations necessary, advisable, and convenient for the administration and enforcement of this chapter. The rules and regulations may include a schedule establishing fees to be paid by an applicant seeking approval to act as a provider and to deliver courses under this section. Those fees shall be in an amount no greater than fees paid by applicants providing similar courses to other insurance agents licensed by the department, as specified in Section 1751.1.(g) Nothing in this chapter shall preclude completion of the bail agent continuing education requirements of this section through a course of instruction offered via the Internet or correspondence. However, this subdivision shall not be construed to allow completion of the prelicensing education requirements of this section through a course of instruction.(h) Successful completion of the continuing education requirements by means of an Internet or correspondence course shall require obtaining a passing grade of at least 70 percent on a written final examination. The final examination shall be open book and shall be graded by the approved provider. The provider shall issue certificates of completion only to those students who have passed the final examination.
1810.7. (a) In order to be eligible to take the examination required to be licensed under this chapter, the applicant shall have completed a the following:(1) A minimum of 20 hours of classroom education in subjects pertinent to the duties and responsibilities of a bail licensee, including, but not limited to, all related laws and regulations, rights of the accused, ethics, and apprehension of bail fugitives. Additionally, a licensee shall complete in(2) A 40-hour power of arrest course certified by the Commission on Peace Officer Standards and Training pursuant to Section 832 of the Penal Code. Completion of the course shall be for educational purposes only and not intended to confer the power of arrest of a peace officer or public officer, or agent of any federal, state, or local government, unless the person is so employed by a governmental agency.(3) In each two-year license term not less than 12 hours of continuing education in these subjects prior to renewal of his or her their license.(b) The commissioner shall approve or disapprove an applicant to provide education for licensure as required by this section within 90 days of receipt of the applicants full and complete application. However, this 90-day period shall be tolled during the pendency of any investigation of the applicant by the commissioner for an alleged violation that would, if proven, result in the suspension, revocation, or denial of the providers approval to provide continuing education to bail agents as prescribed in Section 1813. Failure to disapprove an applicant within this period shall result in the automatic approval of the application. Approval shall be valid for two years. The commissioner may, at any time, disapprove any provider who is not qualified or whose course outlines are not approved, who is not of good business reputation, or who is lacking in integrity, honesty, or competency. A provider shall not provide education for licensure following the expiration of the two-year approval period unless the commissioner has renewed the providers approval. The commissioner shall, at the time of renewal, approve or disapprove the course outlines and schedule of classes to be provided.(c) Providers responsible for providing education for licensure under this chapter shall consult with the California State Sheriffs Association, the California District Attorneys Association, and the County Counsels Association of California prior to submission of the course outlines for approval by the commissioner, and these entities may respond within 30 days of receipt of a request for consultation from a provider. Providers shall maintain records of their requests for consultation and any responses from these entities, and make these records available to the department for review as requested. The bail license fee shall be increased, the amount of which shall be determined by the commissioner, which shall be deposited in the Insurance Fund for the purposes of recovering the administrative costs for meeting the conditions and purposes of this section. Providers of education or continuing education shall offer courses to all applicants at the same course fees.(d) Any person who falsely represents to the commissioner that compliance with this section has been met shall be subject, after notice and hearing, to the penalties and fines set out in Section 1814.(e) A licensee shall not be required to comply with the continuing education requirements of this section if the licensee submits proof satisfactory to the commissioner that he or she has they have been a licensee in good standing for 30 continuous years in this state and is 70 years of age or older.(f) The commissioner may make reasonable rules and regulations necessary, advisable, and convenient for the administration and enforcement of this chapter. The rules and regulations may include a schedule establishing fees to be paid by an applicant seeking approval to act as a provider and to deliver courses under this section. Those fees shall be in an amount no greater than fees paid by applicants providing similar courses to other insurance agents licensed by the department, as specified in Section 1751.1.(g) Nothing in this chapter shall preclude completion of the bail agent continuing education requirements of this section through a course of instruction offered via the Internet or correspondence. However, this subdivision shall not be construed to allow completion of the prelicensing education requirements of this section through a course of instruction.(h) Successful completion of the continuing education requirements by means of an Internet or correspondence course shall require obtaining a passing grade of at least 70 percent on a written final examination. The final examination shall be open book and shall be graded by the approved provider. The provider shall issue certificates of completion only to those students who have passed the final examination.
1810.7. (a) In order to be eligible to take the examination required to be licensed under this chapter, the applicant shall have completed a the following:(1) A minimum of 20 hours of classroom education in subjects pertinent to the duties and responsibilities of a bail licensee, including, but not limited to, all related laws and regulations, rights of the accused, ethics, and apprehension of bail fugitives. Additionally, a licensee shall complete in(2) A 40-hour power of arrest course certified by the Commission on Peace Officer Standards and Training pursuant to Section 832 of the Penal Code. Completion of the course shall be for educational purposes only and not intended to confer the power of arrest of a peace officer or public officer, or agent of any federal, state, or local government, unless the person is so employed by a governmental agency.(3) In each two-year license term not less than 12 hours of continuing education in these subjects prior to renewal of his or her their license.(b) The commissioner shall approve or disapprove an applicant to provide education for licensure as required by this section within 90 days of receipt of the applicants full and complete application. However, this 90-day period shall be tolled during the pendency of any investigation of the applicant by the commissioner for an alleged violation that would, if proven, result in the suspension, revocation, or denial of the providers approval to provide continuing education to bail agents as prescribed in Section 1813. Failure to disapprove an applicant within this period shall result in the automatic approval of the application. Approval shall be valid for two years. The commissioner may, at any time, disapprove any provider who is not qualified or whose course outlines are not approved, who is not of good business reputation, or who is lacking in integrity, honesty, or competency. A provider shall not provide education for licensure following the expiration of the two-year approval period unless the commissioner has renewed the providers approval. The commissioner shall, at the time of renewal, approve or disapprove the course outlines and schedule of classes to be provided.(c) Providers responsible for providing education for licensure under this chapter shall consult with the California State Sheriffs Association, the California District Attorneys Association, and the County Counsels Association of California prior to submission of the course outlines for approval by the commissioner, and these entities may respond within 30 days of receipt of a request for consultation from a provider. Providers shall maintain records of their requests for consultation and any responses from these entities, and make these records available to the department for review as requested. The bail license fee shall be increased, the amount of which shall be determined by the commissioner, which shall be deposited in the Insurance Fund for the purposes of recovering the administrative costs for meeting the conditions and purposes of this section. Providers of education or continuing education shall offer courses to all applicants at the same course fees.(d) Any person who falsely represents to the commissioner that compliance with this section has been met shall be subject, after notice and hearing, to the penalties and fines set out in Section 1814.(e) A licensee shall not be required to comply with the continuing education requirements of this section if the licensee submits proof satisfactory to the commissioner that he or she has they have been a licensee in good standing for 30 continuous years in this state and is 70 years of age or older.(f) The commissioner may make reasonable rules and regulations necessary, advisable, and convenient for the administration and enforcement of this chapter. The rules and regulations may include a schedule establishing fees to be paid by an applicant seeking approval to act as a provider and to deliver courses under this section. Those fees shall be in an amount no greater than fees paid by applicants providing similar courses to other insurance agents licensed by the department, as specified in Section 1751.1.(g) Nothing in this chapter shall preclude completion of the bail agent continuing education requirements of this section through a course of instruction offered via the Internet or correspondence. However, this subdivision shall not be construed to allow completion of the prelicensing education requirements of this section through a course of instruction.(h) Successful completion of the continuing education requirements by means of an Internet or correspondence course shall require obtaining a passing grade of at least 70 percent on a written final examination. The final examination shall be open book and shall be graded by the approved provider. The provider shall issue certificates of completion only to those students who have passed the final examination.
1810.7. (a) In order to be eligible to take the examination required to be licensed under this chapter, the applicant shall have completed a the following:
(1) A minimum of 20 hours of classroom education in subjects pertinent to the duties and responsibilities of a bail licensee, including, but not limited to, all related laws and regulations, rights of the accused, ethics, and apprehension of bail fugitives. Additionally, a licensee shall complete in
(2) A 40-hour power of arrest course certified by the Commission on Peace Officer Standards and Training pursuant to Section 832 of the Penal Code. Completion of the course shall be for educational purposes only and not intended to confer the power of arrest of a peace officer or public officer, or agent of any federal, state, or local government, unless the person is so employed by a governmental agency.
(3) In each two-year license term not less than 12 hours of continuing education in these subjects prior to renewal of his or her their license.
(b) The commissioner shall approve or disapprove an applicant to provide education for licensure as required by this section within 90 days of receipt of the applicants full and complete application. However, this 90-day period shall be tolled during the pendency of any investigation of the applicant by the commissioner for an alleged violation that would, if proven, result in the suspension, revocation, or denial of the providers approval to provide continuing education to bail agents as prescribed in Section 1813. Failure to disapprove an applicant within this period shall result in the automatic approval of the application. Approval shall be valid for two years. The commissioner may, at any time, disapprove any provider who is not qualified or whose course outlines are not approved, who is not of good business reputation, or who is lacking in integrity, honesty, or competency. A provider shall not provide education for licensure following the expiration of the two-year approval period unless the commissioner has renewed the providers approval. The commissioner shall, at the time of renewal, approve or disapprove the course outlines and schedule of classes to be provided.
(c) Providers responsible for providing education for licensure under this chapter shall consult with the California State Sheriffs Association, the California District Attorneys Association, and the County Counsels Association of California prior to submission of the course outlines for approval by the commissioner, and these entities may respond within 30 days of receipt of a request for consultation from a provider. Providers shall maintain records of their requests for consultation and any responses from these entities, and make these records available to the department for review as requested. The bail license fee shall be increased, the amount of which shall be determined by the commissioner, which shall be deposited in the Insurance Fund for the purposes of recovering the administrative costs for meeting the conditions and purposes of this section. Providers of education or continuing education shall offer courses to all applicants at the same course fees.
(d) Any person who falsely represents to the commissioner that compliance with this section has been met shall be subject, after notice and hearing, to the penalties and fines set out in Section 1814.
(e) A licensee shall not be required to comply with the continuing education requirements of this section if the licensee submits proof satisfactory to the commissioner that he or she has they have been a licensee in good standing for 30 continuous years in this state and is 70 years of age or older.
(f) The commissioner may make reasonable rules and regulations necessary, advisable, and convenient for the administration and enforcement of this chapter. The rules and regulations may include a schedule establishing fees to be paid by an applicant seeking approval to act as a provider and to deliver courses under this section. Those fees shall be in an amount no greater than fees paid by applicants providing similar courses to other insurance agents licensed by the department, as specified in Section 1751.1.
(g) Nothing in this chapter shall preclude completion of the bail agent continuing education requirements of this section through a course of instruction offered via the Internet or correspondence. However, this subdivision shall not be construed to allow completion of the prelicensing education requirements of this section through a course of instruction.
(h) Successful completion of the continuing education requirements by means of an Internet or correspondence course shall require obtaining a passing grade of at least 70 percent on a written final examination. The final examination shall be open book and shall be graded by the approved provider. The provider shall issue certificates of completion only to those students who have passed the final examination.
SEC. 7. Section 1810.8 of the Insurance Code is amended to read:1810.8. The commissioner may issue a temporary license to the executor or administrator of the estate of a deceased holder of a bail agents license or license, bail permittees license, or bail fugitive recovery persons license, permitting such party to act as such representative to exercise the rights and privileges of such a license holder for the purpose of conducting the business of the estate for a period of one year from and after the date of the death, pending, but not after, the disposal of the business.
SEC. 7. Section 1810.8 of the Insurance Code is amended to read:
### SEC. 7.
1810.8. The commissioner may issue a temporary license to the executor or administrator of the estate of a deceased holder of a bail agents license or license, bail permittees license, or bail fugitive recovery persons license, permitting such party to act as such representative to exercise the rights and privileges of such a license holder for the purpose of conducting the business of the estate for a period of one year from and after the date of the death, pending, but not after, the disposal of the business.
1810.8. The commissioner may issue a temporary license to the executor or administrator of the estate of a deceased holder of a bail agents license or license, bail permittees license, or bail fugitive recovery persons license, permitting such party to act as such representative to exercise the rights and privileges of such a license holder for the purpose of conducting the business of the estate for a period of one year from and after the date of the death, pending, but not after, the disposal of the business.
1810.8. The commissioner may issue a temporary license to the executor or administrator of the estate of a deceased holder of a bail agents license or license, bail permittees license, or bail fugitive recovery persons license, permitting such party to act as such representative to exercise the rights and privileges of such a license holder for the purpose of conducting the business of the estate for a period of one year from and after the date of the death, pending, but not after, the disposal of the business.
1810.8. The commissioner may issue a temporary license to the executor or administrator of the estate of a deceased holder of a bail agents license or license, bail permittees license, or bail fugitive recovery persons license, permitting such party to act as such representative to exercise the rights and privileges of such a license holder for the purpose of conducting the business of the estate for a period of one year from and after the date of the death, pending, but not after, the disposal of the business.
SEC. 8. Section 1811 of the Insurance Code is amended to read:1811. For his or her the individuals services in connection with the filing of any application or request for any license under this chapter, the commissioner shall charge and collect the following fees:(a) For filing an application or request for bail agents license, two hundred eighty-three dollars ($283) three hundred eleven dollars ($311) per year.(b) For filing an application or request for bail solicitors license, two hundred eighty-three dollars ($283) three hundred eleven dollars ($311) per year.(c) For filing an application or request for bail permittees license, five hundred sixty-seven dollars ($567). six hundred twenty-four dollars ($624).(d) For filling an application or request for bail fugitive recovery persons license, three hundred eleven dollars ($311) per year.(d)(e) For filing an application for examination, or reexamination, fifty-six dollars ($56). sixty-two dollars ($62).(e)(f) For a renewal application, a fee of eighty-five dollars ($85) ninety-four dollars ($94) per year. In the case of a bail agent with more than one valid notice of appointment on file, the fee to be charged pursuant to this subdivision shall be the fee provided herein multiplied by the number of insurers whose valid appointments are on file on the date the document is filed unless the bail agent in that document advises the commissioner of his or her the individuals intent to terminate the appointment of one or more of those insurers, in which event the fee shall be based upon the number for insurers remaining.(f)(g) For a bail solicitors renewal application, a fee of eighty-five dollars ($85) ninety-four dollars ($94) per year.(g)(h) For a bail permittees renewal application, a fee of three hundred fifty-eight dollars ($358) ninety-four dollars ($394) per year.(i) For a bail fugitive recovery persons renewal application, a fee of ninety-four dollars ($94) per year.(h)(j) At the time of filing an application for a license, if a qualifying examination is required for issue or in connection with the license, the fee for filing the first application to take the qualifying examination shall be paid at the time of filing application for the license.(i)(k) For filing application or request for approval of a true or fictitious name pursuant to Section 1724.5, twenty-nine dollars ($29), thirty-two dollars ($32), except that there shall be no fee when the name is contained in an original application.(j)(l) For filing a bond required by this chapter, except when the bond constitutes part of an original application, twenty-five dollars ($25). twenty-eight dollars ($28).(k)(m) For filing a first amendment to an application, fourteen dollars ($14). fifteen dollars ($15).(l)(n) For filing a second and each subsequent amendment to an application, twenty-nine dollars ($29). thirty-two dollars ($32).
SEC. 8. Section 1811 of the Insurance Code is amended to read:
### SEC. 8.
1811. For his or her the individuals services in connection with the filing of any application or request for any license under this chapter, the commissioner shall charge and collect the following fees:(a) For filing an application or request for bail agents license, two hundred eighty-three dollars ($283) three hundred eleven dollars ($311) per year.(b) For filing an application or request for bail solicitors license, two hundred eighty-three dollars ($283) three hundred eleven dollars ($311) per year.(c) For filing an application or request for bail permittees license, five hundred sixty-seven dollars ($567). six hundred twenty-four dollars ($624).(d) For filling an application or request for bail fugitive recovery persons license, three hundred eleven dollars ($311) per year.(d)(e) For filing an application for examination, or reexamination, fifty-six dollars ($56). sixty-two dollars ($62).(e)(f) For a renewal application, a fee of eighty-five dollars ($85) ninety-four dollars ($94) per year. In the case of a bail agent with more than one valid notice of appointment on file, the fee to be charged pursuant to this subdivision shall be the fee provided herein multiplied by the number of insurers whose valid appointments are on file on the date the document is filed unless the bail agent in that document advises the commissioner of his or her the individuals intent to terminate the appointment of one or more of those insurers, in which event the fee shall be based upon the number for insurers remaining.(f)(g) For a bail solicitors renewal application, a fee of eighty-five dollars ($85) ninety-four dollars ($94) per year.(g)(h) For a bail permittees renewal application, a fee of three hundred fifty-eight dollars ($358) ninety-four dollars ($394) per year.(i) For a bail fugitive recovery persons renewal application, a fee of ninety-four dollars ($94) per year.(h)(j) At the time of filing an application for a license, if a qualifying examination is required for issue or in connection with the license, the fee for filing the first application to take the qualifying examination shall be paid at the time of filing application for the license.(i)(k) For filing application or request for approval of a true or fictitious name pursuant to Section 1724.5, twenty-nine dollars ($29), thirty-two dollars ($32), except that there shall be no fee when the name is contained in an original application.(j)(l) For filing a bond required by this chapter, except when the bond constitutes part of an original application, twenty-five dollars ($25). twenty-eight dollars ($28).(k)(m) For filing a first amendment to an application, fourteen dollars ($14). fifteen dollars ($15).(l)(n) For filing a second and each subsequent amendment to an application, twenty-nine dollars ($29). thirty-two dollars ($32).
1811. For his or her the individuals services in connection with the filing of any application or request for any license under this chapter, the commissioner shall charge and collect the following fees:(a) For filing an application or request for bail agents license, two hundred eighty-three dollars ($283) three hundred eleven dollars ($311) per year.(b) For filing an application or request for bail solicitors license, two hundred eighty-three dollars ($283) three hundred eleven dollars ($311) per year.(c) For filing an application or request for bail permittees license, five hundred sixty-seven dollars ($567). six hundred twenty-four dollars ($624).(d) For filling an application or request for bail fugitive recovery persons license, three hundred eleven dollars ($311) per year.(d)(e) For filing an application for examination, or reexamination, fifty-six dollars ($56). sixty-two dollars ($62).(e)(f) For a renewal application, a fee of eighty-five dollars ($85) ninety-four dollars ($94) per year. In the case of a bail agent with more than one valid notice of appointment on file, the fee to be charged pursuant to this subdivision shall be the fee provided herein multiplied by the number of insurers whose valid appointments are on file on the date the document is filed unless the bail agent in that document advises the commissioner of his or her the individuals intent to terminate the appointment of one or more of those insurers, in which event the fee shall be based upon the number for insurers remaining.(f)(g) For a bail solicitors renewal application, a fee of eighty-five dollars ($85) ninety-four dollars ($94) per year.(g)(h) For a bail permittees renewal application, a fee of three hundred fifty-eight dollars ($358) ninety-four dollars ($394) per year.(i) For a bail fugitive recovery persons renewal application, a fee of ninety-four dollars ($94) per year.(h)(j) At the time of filing an application for a license, if a qualifying examination is required for issue or in connection with the license, the fee for filing the first application to take the qualifying examination shall be paid at the time of filing application for the license.(i)(k) For filing application or request for approval of a true or fictitious name pursuant to Section 1724.5, twenty-nine dollars ($29), thirty-two dollars ($32), except that there shall be no fee when the name is contained in an original application.(j)(l) For filing a bond required by this chapter, except when the bond constitutes part of an original application, twenty-five dollars ($25). twenty-eight dollars ($28).(k)(m) For filing a first amendment to an application, fourteen dollars ($14). fifteen dollars ($15).(l)(n) For filing a second and each subsequent amendment to an application, twenty-nine dollars ($29). thirty-two dollars ($32).
1811. For his or her the individuals services in connection with the filing of any application or request for any license under this chapter, the commissioner shall charge and collect the following fees:(a) For filing an application or request for bail agents license, two hundred eighty-three dollars ($283) three hundred eleven dollars ($311) per year.(b) For filing an application or request for bail solicitors license, two hundred eighty-three dollars ($283) three hundred eleven dollars ($311) per year.(c) For filing an application or request for bail permittees license, five hundred sixty-seven dollars ($567). six hundred twenty-four dollars ($624).(d) For filling an application or request for bail fugitive recovery persons license, three hundred eleven dollars ($311) per year.(d)(e) For filing an application for examination, or reexamination, fifty-six dollars ($56). sixty-two dollars ($62).(e)(f) For a renewal application, a fee of eighty-five dollars ($85) ninety-four dollars ($94) per year. In the case of a bail agent with more than one valid notice of appointment on file, the fee to be charged pursuant to this subdivision shall be the fee provided herein multiplied by the number of insurers whose valid appointments are on file on the date the document is filed unless the bail agent in that document advises the commissioner of his or her the individuals intent to terminate the appointment of one or more of those insurers, in which event the fee shall be based upon the number for insurers remaining.(f)(g) For a bail solicitors renewal application, a fee of eighty-five dollars ($85) ninety-four dollars ($94) per year.(g)(h) For a bail permittees renewal application, a fee of three hundred fifty-eight dollars ($358) ninety-four dollars ($394) per year.(i) For a bail fugitive recovery persons renewal application, a fee of ninety-four dollars ($94) per year.(h)(j) At the time of filing an application for a license, if a qualifying examination is required for issue or in connection with the license, the fee for filing the first application to take the qualifying examination shall be paid at the time of filing application for the license.(i)(k) For filing application or request for approval of a true or fictitious name pursuant to Section 1724.5, twenty-nine dollars ($29), thirty-two dollars ($32), except that there shall be no fee when the name is contained in an original application.(j)(l) For filing a bond required by this chapter, except when the bond constitutes part of an original application, twenty-five dollars ($25). twenty-eight dollars ($28).(k)(m) For filing a first amendment to an application, fourteen dollars ($14). fifteen dollars ($15).(l)(n) For filing a second and each subsequent amendment to an application, twenty-nine dollars ($29). thirty-two dollars ($32).
1811. For his or her the individuals services in connection with the filing of any application or request for any license under this chapter, the commissioner shall charge and collect the following fees:
(a) For filing an application or request for bail agents license, two hundred eighty-three dollars ($283) three hundred eleven dollars ($311) per year.
(b) For filing an application or request for bail solicitors license, two hundred eighty-three dollars ($283) three hundred eleven dollars ($311) per year.
(c) For filing an application or request for bail permittees license, five hundred sixty-seven dollars ($567). six hundred twenty-four dollars ($624).
(d) For filling an application or request for bail fugitive recovery persons license, three hundred eleven dollars ($311) per year.
(d)
(e) For filing an application for examination, or reexamination, fifty-six dollars ($56). sixty-two dollars ($62).
(e)
(f) For a renewal application, a fee of eighty-five dollars ($85) ninety-four dollars ($94) per year. In the case of a bail agent with more than one valid notice of appointment on file, the fee to be charged pursuant to this subdivision shall be the fee provided herein multiplied by the number of insurers whose valid appointments are on file on the date the document is filed unless the bail agent in that document advises the commissioner of his or her the individuals intent to terminate the appointment of one or more of those insurers, in which event the fee shall be based upon the number for insurers remaining.
(f)
(g) For a bail solicitors renewal application, a fee of eighty-five dollars ($85) ninety-four dollars ($94) per year.
(g)
(h) For a bail permittees renewal application, a fee of three hundred fifty-eight dollars ($358) ninety-four dollars ($394) per year.
(i) For a bail fugitive recovery persons renewal application, a fee of ninety-four dollars ($94) per year.
(h)
(j) At the time of filing an application for a license, if a qualifying examination is required for issue or in connection with the license, the fee for filing the first application to take the qualifying examination shall be paid at the time of filing application for the license.
(i)
(k) For filing application or request for approval of a true or fictitious name pursuant to Section 1724.5, twenty-nine dollars ($29), thirty-two dollars ($32), except that there shall be no fee when the name is contained in an original application.
(j)
(l) For filing a bond required by this chapter, except when the bond constitutes part of an original application, twenty-five dollars ($25). twenty-eight dollars ($28).
(k)
(m) For filing a first amendment to an application, fourteen dollars ($14). fifteen dollars ($15).
(l)
(n) For filing a second and each subsequent amendment to an application, twenty-nine dollars ($29). thirty-two dollars ($32).
SEC. 9. Section 1815 of the Insurance Code is amended to read:1815. The commissioner shall publish and maintain a list of the names of holders of bail agents and bail permittees licenses and their solicitors and bail fugitive recovery persons licenses on the departments public Web site, website, together with their license numbers and any other information in respect to the persons as he or she the commissioner considers advisable. He or she The commissioner shall promptly upon termination, for any cause, of any license, update the departments public Web site. website.
SEC. 9. Section 1815 of the Insurance Code is amended to read:
### SEC. 9.
1815. The commissioner shall publish and maintain a list of the names of holders of bail agents and bail permittees licenses and their solicitors and bail fugitive recovery persons licenses on the departments public Web site, website, together with their license numbers and any other information in respect to the persons as he or she the commissioner considers advisable. He or she The commissioner shall promptly upon termination, for any cause, of any license, update the departments public Web site. website.
1815. The commissioner shall publish and maintain a list of the names of holders of bail agents and bail permittees licenses and their solicitors and bail fugitive recovery persons licenses on the departments public Web site, website, together with their license numbers and any other information in respect to the persons as he or she the commissioner considers advisable. He or she The commissioner shall promptly upon termination, for any cause, of any license, update the departments public Web site. website.
1815. The commissioner shall publish and maintain a list of the names of holders of bail agents and bail permittees licenses and their solicitors and bail fugitive recovery persons licenses on the departments public Web site, website, together with their license numbers and any other information in respect to the persons as he or she the commissioner considers advisable. He or she The commissioner shall promptly upon termination, for any cause, of any license, update the departments public Web site. website.
1815. The commissioner shall publish and maintain a list of the names of holders of bail agents and bail permittees licenses and their solicitors and bail fugitive recovery persons licenses on the departments public Web site, website, together with their license numbers and any other information in respect to the persons as he or she the commissioner considers advisable. He or she The commissioner shall promptly upon termination, for any cause, of any license, update the departments public Web site. website.
SEC. 10. Section 1299.01 of the Penal Code is amended to read:1299.01. For purposes of this article, the following terms shall have the following meanings:(a) Bail fugitive means a defendant in a pending criminal case who has been released from custody under a financially secured appearance, cash, or other bond and has had that bond declared forfeited, or a defendant in a pending criminal case who has violated a bond condition whereby apprehension and reincarceration are permitted.(b) Bail means a person bail agent, bail permittee, or bail solicitor licensed by the Department of Insurance pursuant to Section 1800 Section 1802, 1802.5, or 1803 of the Insurance Code.(c) Depositor of bail means a person who or entity that has deposited money or bonds to secure the release of a person charged with a crime or offense.(d) Bail fugitive recovery person means a person licensed pursuant to Section 1802.3 of the Insurance Code who is provided written authorization pursuant to Sections 1300 and 1301 by the bail or depositor of bail, and is contracted to investigate, surveil, locate, and arrest a bail fugitive for surrender to the appropriate court, jail, or police department, and any person who is employed to assist a bail or depositor of bail to investigate, surveil, locate, and arrest a bail fugitive for surrender to the appropriate court, jail, or police department.
SEC. 10. Section 1299.01 of the Penal Code is amended to read:
### SEC. 10.
1299.01. For purposes of this article, the following terms shall have the following meanings:(a) Bail fugitive means a defendant in a pending criminal case who has been released from custody under a financially secured appearance, cash, or other bond and has had that bond declared forfeited, or a defendant in a pending criminal case who has violated a bond condition whereby apprehension and reincarceration are permitted.(b) Bail means a person bail agent, bail permittee, or bail solicitor licensed by the Department of Insurance pursuant to Section 1800 Section 1802, 1802.5, or 1803 of the Insurance Code.(c) Depositor of bail means a person who or entity that has deposited money or bonds to secure the release of a person charged with a crime or offense.(d) Bail fugitive recovery person means a person licensed pursuant to Section 1802.3 of the Insurance Code who is provided written authorization pursuant to Sections 1300 and 1301 by the bail or depositor of bail, and is contracted to investigate, surveil, locate, and arrest a bail fugitive for surrender to the appropriate court, jail, or police department, and any person who is employed to assist a bail or depositor of bail to investigate, surveil, locate, and arrest a bail fugitive for surrender to the appropriate court, jail, or police department.
1299.01. For purposes of this article, the following terms shall have the following meanings:(a) Bail fugitive means a defendant in a pending criminal case who has been released from custody under a financially secured appearance, cash, or other bond and has had that bond declared forfeited, or a defendant in a pending criminal case who has violated a bond condition whereby apprehension and reincarceration are permitted.(b) Bail means a person bail agent, bail permittee, or bail solicitor licensed by the Department of Insurance pursuant to Section 1800 Section 1802, 1802.5, or 1803 of the Insurance Code.(c) Depositor of bail means a person who or entity that has deposited money or bonds to secure the release of a person charged with a crime or offense.(d) Bail fugitive recovery person means a person licensed pursuant to Section 1802.3 of the Insurance Code who is provided written authorization pursuant to Sections 1300 and 1301 by the bail or depositor of bail, and is contracted to investigate, surveil, locate, and arrest a bail fugitive for surrender to the appropriate court, jail, or police department, and any person who is employed to assist a bail or depositor of bail to investigate, surveil, locate, and arrest a bail fugitive for surrender to the appropriate court, jail, or police department.
1299.01. For purposes of this article, the following terms shall have the following meanings:(a) Bail fugitive means a defendant in a pending criminal case who has been released from custody under a financially secured appearance, cash, or other bond and has had that bond declared forfeited, or a defendant in a pending criminal case who has violated a bond condition whereby apprehension and reincarceration are permitted.(b) Bail means a person bail agent, bail permittee, or bail solicitor licensed by the Department of Insurance pursuant to Section 1800 Section 1802, 1802.5, or 1803 of the Insurance Code.(c) Depositor of bail means a person who or entity that has deposited money or bonds to secure the release of a person charged with a crime or offense.(d) Bail fugitive recovery person means a person licensed pursuant to Section 1802.3 of the Insurance Code who is provided written authorization pursuant to Sections 1300 and 1301 by the bail or depositor of bail, and is contracted to investigate, surveil, locate, and arrest a bail fugitive for surrender to the appropriate court, jail, or police department, and any person who is employed to assist a bail or depositor of bail to investigate, surveil, locate, and arrest a bail fugitive for surrender to the appropriate court, jail, or police department.
1299.01. For purposes of this article, the following terms shall have the following meanings:
(a) Bail fugitive means a defendant in a pending criminal case who has been released from custody under a financially secured appearance, cash, or other bond and has had that bond declared forfeited, or a defendant in a pending criminal case who has violated a bond condition whereby apprehension and reincarceration are permitted.
(b) Bail means a person bail agent, bail permittee, or bail solicitor licensed by the Department of Insurance pursuant to Section 1800 Section 1802, 1802.5, or 1803 of the Insurance Code.
(c) Depositor of bail means a person who or entity that has deposited money or bonds to secure the release of a person charged with a crime or offense.
(d) Bail fugitive recovery person means a person licensed pursuant to Section 1802.3 of the Insurance Code who is provided written authorization pursuant to Sections 1300 and 1301 by the bail or depositor of bail, and is contracted to investigate, surveil, locate, and arrest a bail fugitive for surrender to the appropriate court, jail, or police department, and any person who is employed to assist a bail or depositor of bail to investigate, surveil, locate, and arrest a bail fugitive for surrender to the appropriate court, jail, or police department.
SEC. 11. Section 1299.02 of the Penal Code is amended to read:1299.02. (a) No person, other than a certified law enforcement officer, shall be authorized to apprehend, detain, or arrest a bail fugitive unless that person meets one of the following conditions:(1) Is a bail as defined in subdivision (b) of Section 1299.01 or a depositor of bail as defined in subdivision (c) of Section 1299.01.(2) Is a bail fugitive recovery person as defined in subdivision (d) of Section 1299.01.(3) Holds a bail license issued by a state other than California or is authorized by another state to transact and post bail and is in compliance with the provisions of Section 847.5 with respect to the arrest of a bail fugitive.(4)Is licensed as a private investigator as provided in Chapter 11.3 (commencing with Section 7512) of Division 3 of the Business and Professions Code.(5)(4) Holds a private investigator license issued by another state, is authorized by the bail or depositor of bail to apprehend a bail fugitive, and is in compliance with the provisions of Section 847.5 with respect to the arrest of a bail fugitive.(b) This article shall not prohibit an arrest pursuant to Sections 837, 838, and 839. 839, provided that no consideration is paid or allowed, directly or indirectly, to any person effecting an arrest pursuant to Sections 837, 838, or 839.(c) A licensed bail agent or bail fugitive recovery person shall not perform any of the duties described in Section 7521 of the Business and Professions Code unless they are also licensed pursuant to Chapter 11.3 (commencing with Section 7512) of the Business and Professions Code.
SEC. 11. Section 1299.02 of the Penal Code is amended to read:
### SEC. 11.
1299.02. (a) No person, other than a certified law enforcement officer, shall be authorized to apprehend, detain, or arrest a bail fugitive unless that person meets one of the following conditions:(1) Is a bail as defined in subdivision (b) of Section 1299.01 or a depositor of bail as defined in subdivision (c) of Section 1299.01.(2) Is a bail fugitive recovery person as defined in subdivision (d) of Section 1299.01.(3) Holds a bail license issued by a state other than California or is authorized by another state to transact and post bail and is in compliance with the provisions of Section 847.5 with respect to the arrest of a bail fugitive.(4)Is licensed as a private investigator as provided in Chapter 11.3 (commencing with Section 7512) of Division 3 of the Business and Professions Code.(5)(4) Holds a private investigator license issued by another state, is authorized by the bail or depositor of bail to apprehend a bail fugitive, and is in compliance with the provisions of Section 847.5 with respect to the arrest of a bail fugitive.(b) This article shall not prohibit an arrest pursuant to Sections 837, 838, and 839. 839, provided that no consideration is paid or allowed, directly or indirectly, to any person effecting an arrest pursuant to Sections 837, 838, or 839.(c) A licensed bail agent or bail fugitive recovery person shall not perform any of the duties described in Section 7521 of the Business and Professions Code unless they are also licensed pursuant to Chapter 11.3 (commencing with Section 7512) of the Business and Professions Code.
1299.02. (a) No person, other than a certified law enforcement officer, shall be authorized to apprehend, detain, or arrest a bail fugitive unless that person meets one of the following conditions:(1) Is a bail as defined in subdivision (b) of Section 1299.01 or a depositor of bail as defined in subdivision (c) of Section 1299.01.(2) Is a bail fugitive recovery person as defined in subdivision (d) of Section 1299.01.(3) Holds a bail license issued by a state other than California or is authorized by another state to transact and post bail and is in compliance with the provisions of Section 847.5 with respect to the arrest of a bail fugitive.(4)Is licensed as a private investigator as provided in Chapter 11.3 (commencing with Section 7512) of Division 3 of the Business and Professions Code.(5)(4) Holds a private investigator license issued by another state, is authorized by the bail or depositor of bail to apprehend a bail fugitive, and is in compliance with the provisions of Section 847.5 with respect to the arrest of a bail fugitive.(b) This article shall not prohibit an arrest pursuant to Sections 837, 838, and 839. 839, provided that no consideration is paid or allowed, directly or indirectly, to any person effecting an arrest pursuant to Sections 837, 838, or 839.(c) A licensed bail agent or bail fugitive recovery person shall not perform any of the duties described in Section 7521 of the Business and Professions Code unless they are also licensed pursuant to Chapter 11.3 (commencing with Section 7512) of the Business and Professions Code.
1299.02. (a) No person, other than a certified law enforcement officer, shall be authorized to apprehend, detain, or arrest a bail fugitive unless that person meets one of the following conditions:(1) Is a bail as defined in subdivision (b) of Section 1299.01 or a depositor of bail as defined in subdivision (c) of Section 1299.01.(2) Is a bail fugitive recovery person as defined in subdivision (d) of Section 1299.01.(3) Holds a bail license issued by a state other than California or is authorized by another state to transact and post bail and is in compliance with the provisions of Section 847.5 with respect to the arrest of a bail fugitive.(4)Is licensed as a private investigator as provided in Chapter 11.3 (commencing with Section 7512) of Division 3 of the Business and Professions Code.(5)(4) Holds a private investigator license issued by another state, is authorized by the bail or depositor of bail to apprehend a bail fugitive, and is in compliance with the provisions of Section 847.5 with respect to the arrest of a bail fugitive.(b) This article shall not prohibit an arrest pursuant to Sections 837, 838, and 839. 839, provided that no consideration is paid or allowed, directly or indirectly, to any person effecting an arrest pursuant to Sections 837, 838, or 839.(c) A licensed bail agent or bail fugitive recovery person shall not perform any of the duties described in Section 7521 of the Business and Professions Code unless they are also licensed pursuant to Chapter 11.3 (commencing with Section 7512) of the Business and Professions Code.
1299.02. (a) No person, other than a certified law enforcement officer, shall be authorized to apprehend, detain, or arrest a bail fugitive unless that person meets one of the following conditions:
(1) Is a bail as defined in subdivision (b) of Section 1299.01 or a depositor of bail as defined in subdivision (c) of Section 1299.01.
(2) Is a bail fugitive recovery person as defined in subdivision (d) of Section 1299.01.
(3) Holds a bail license issued by a state other than California or is authorized by another state to transact and post bail and is in compliance with the provisions of Section 847.5 with respect to the arrest of a bail fugitive.
(4)Is licensed as a private investigator as provided in Chapter 11.3 (commencing with Section 7512) of Division 3 of the Business and Professions Code.
(5)
(4) Holds a private investigator license issued by another state, is authorized by the bail or depositor of bail to apprehend a bail fugitive, and is in compliance with the provisions of Section 847.5 with respect to the arrest of a bail fugitive.
(b) This article shall not prohibit an arrest pursuant to Sections 837, 838, and 839. 839, provided that no consideration is paid or allowed, directly or indirectly, to any person effecting an arrest pursuant to Sections 837, 838, or 839.
(c) A licensed bail agent or bail fugitive recovery person shall not perform any of the duties described in Section 7521 of the Business and Professions Code unless they are also licensed pursuant to Chapter 11.3 (commencing with Section 7512) of the Business and Professions Code.
SEC. 12. Section 1299.04 of the Penal Code is repealed.1299.04.(a)A bail fugitive recovery person, a bail agent, bail permittee, or bail solicitor who contracts his or her services to another bail agent or surety as a bail fugitive recovery person for the purposes specified in subdivision (d) of Section 1299.01, and any bail agent, bail permittee, or bail solicitor who obtains licensing after January 1, 2000, and who engages in the arrest of a defendant pursuant to Section 1301 shall comply with the following requirements:(1)The person shall be at least 18 years of age.(2)The person shall have completed a 40-hour power of arrest course certified by the Commission on Peace Officer Standards and Training pursuant to Section 832. Completion of the course shall be for educational purposes only and not intended to confer the power of arrest of a peace officer or public officer, or agent of any federal, state, or local government, unless the person is so employed by a governmental agency.(3)The person shall have completed a minimum of 20 hours of classroom prelicensing education certified pursuant to Section 1810.7 of the Insurance Code. For those persons licensed by the department as a bail licensee prior to January 1, 1994, there is no prelicensing education requirement. For those persons licensed by the department as a bail licensee between January 1, 1994, and December 31, 2012, a minimum of 12 hours of classroom prelicensing education is required.(4)The person shall not have been convicted of a felony, unless the person is licensed by the Department of Insurance pursuant to Section 1800 of the Insurance Code.(b)Upon completion of any course or training program required by this section, an individual authorized by Section 1299.02 to apprehend a bail fugitive shall carry certificates of completion with him or her at all times in the course of performing his or her duties under this article.
SEC. 12. Section 1299.04 of the Penal Code is repealed.
### SEC. 12.
1299.04.(a)A bail fugitive recovery person, a bail agent, bail permittee, or bail solicitor who contracts his or her services to another bail agent or surety as a bail fugitive recovery person for the purposes specified in subdivision (d) of Section 1299.01, and any bail agent, bail permittee, or bail solicitor who obtains licensing after January 1, 2000, and who engages in the arrest of a defendant pursuant to Section 1301 shall comply with the following requirements:(1)The person shall be at least 18 years of age.(2)The person shall have completed a 40-hour power of arrest course certified by the Commission on Peace Officer Standards and Training pursuant to Section 832. Completion of the course shall be for educational purposes only and not intended to confer the power of arrest of a peace officer or public officer, or agent of any federal, state, or local government, unless the person is so employed by a governmental agency.(3)The person shall have completed a minimum of 20 hours of classroom prelicensing education certified pursuant to Section 1810.7 of the Insurance Code. For those persons licensed by the department as a bail licensee prior to January 1, 1994, there is no prelicensing education requirement. For those persons licensed by the department as a bail licensee between January 1, 1994, and December 31, 2012, a minimum of 12 hours of classroom prelicensing education is required.(4)The person shall not have been convicted of a felony, unless the person is licensed by the Department of Insurance pursuant to Section 1800 of the Insurance Code.(b)Upon completion of any course or training program required by this section, an individual authorized by Section 1299.02 to apprehend a bail fugitive shall carry certificates of completion with him or her at all times in the course of performing his or her duties under this article.
(a)A bail fugitive recovery person, a bail agent, bail permittee, or bail solicitor who contracts his or her services to another bail agent or surety as a bail fugitive recovery person for the purposes specified in subdivision (d) of Section 1299.01, and any bail agent, bail permittee, or bail solicitor who obtains licensing after January 1, 2000, and who engages in the arrest of a defendant pursuant to Section 1301 shall comply with the following requirements:
(1)The person shall be at least 18 years of age.
(2)The person shall have completed a 40-hour power of arrest course certified by the Commission on Peace Officer Standards and Training pursuant to Section 832. Completion of the course shall be for educational purposes only and not intended to confer the power of arrest of a peace officer or public officer, or agent of any federal, state, or local government, unless the person is so employed by a governmental agency.
(3)The person shall have completed a minimum of 20 hours of classroom prelicensing education certified pursuant to Section 1810.7 of the Insurance Code. For those persons licensed by the department as a bail licensee prior to January 1, 1994, there is no prelicensing education requirement. For those persons licensed by the department as a bail licensee between January 1, 1994, and December 31, 2012, a minimum of 12 hours of classroom prelicensing education is required.
(4)The person shall not have been convicted of a felony, unless the person is licensed by the Department of Insurance pursuant to Section 1800 of the Insurance Code.
(b)Upon completion of any course or training program required by this section, an individual authorized by Section 1299.02 to apprehend a bail fugitive shall carry certificates of completion with him or her at all times in the course of performing his or her duties under this article.
SEC. 13. Section 1299.04 is added to the Penal Code, to read:1299.04. A bail fugitive recovery person, a bail agent, bail permittee, or bail solicitor who contracts their services to another bail agent or surety as a bail fugitive recovery person for the purposes specified in subdivision (d) of Section 1299.01, and any bail agent, bail permittee, or bail solicitor who obtains licensing after January 1, 2000, and who engages in the arrest of a defendant pursuant to Section 1301 shall comply with Sections 1800 to 1823, inclusive, of the Insurance Code, and any regulations promulgated by the Insurance Commissioner.
SEC. 13. Section 1299.04 is added to the Penal Code, to read:
### SEC. 13.
1299.04. A bail fugitive recovery person, a bail agent, bail permittee, or bail solicitor who contracts their services to another bail agent or surety as a bail fugitive recovery person for the purposes specified in subdivision (d) of Section 1299.01, and any bail agent, bail permittee, or bail solicitor who obtains licensing after January 1, 2000, and who engages in the arrest of a defendant pursuant to Section 1301 shall comply with Sections 1800 to 1823, inclusive, of the Insurance Code, and any regulations promulgated by the Insurance Commissioner.
1299.04. A bail fugitive recovery person, a bail agent, bail permittee, or bail solicitor who contracts their services to another bail agent or surety as a bail fugitive recovery person for the purposes specified in subdivision (d) of Section 1299.01, and any bail agent, bail permittee, or bail solicitor who obtains licensing after January 1, 2000, and who engages in the arrest of a defendant pursuant to Section 1301 shall comply with Sections 1800 to 1823, inclusive, of the Insurance Code, and any regulations promulgated by the Insurance Commissioner.
1299.04. A bail fugitive recovery person, a bail agent, bail permittee, or bail solicitor who contracts their services to another bail agent or surety as a bail fugitive recovery person for the purposes specified in subdivision (d) of Section 1299.01, and any bail agent, bail permittee, or bail solicitor who obtains licensing after January 1, 2000, and who engages in the arrest of a defendant pursuant to Section 1301 shall comply with Sections 1800 to 1823, inclusive, of the Insurance Code, and any regulations promulgated by the Insurance Commissioner.
1299.04. A bail fugitive recovery person, a bail agent, bail permittee, or bail solicitor who contracts their services to another bail agent or surety as a bail fugitive recovery person for the purposes specified in subdivision (d) of Section 1299.01, and any bail agent, bail permittee, or bail solicitor who obtains licensing after January 1, 2000, and who engages in the arrest of a defendant pursuant to Section 1301 shall comply with Sections 1800 to 1823, inclusive, of the Insurance Code, and any regulations promulgated by the Insurance Commissioner.
SEC. 14. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 14. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 14. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
### SEC. 14.