SLS 19RS-158 ORIGINAL
2019 Regular Session
SENATE BILL NO. 215
BY SENATOR CLAITOR
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIMINAL PROCEDURE. Provides relative to the regulation of bounty hunters by the
attorney general. (8/1/19)
1 AN ACT
2 To amend and reenact the introductory paragraph of Code of Criminal Procedure Art.
3 312(B), Code of Criminal Procedure Art. 331(C), and Subpart C of Part I of Chapter
4 5 of Title 22 of the Louisiana Revised Statutes of 1950, to be comprised of R.S.
5 22:1581 through 1583, to enact Code Title VIII-A of Chapter 1 of Title 15 of the
6 Louisiana Revised Statutes of 1950, to be comprised of R.S. 15:91 through 96, and
7 to repeal R.S. 22:1584 through 1586, relative to bail; to provide for the regulation of
8 bail enforcement agents by the attorney general; to require notice to local law
9 enforcement when a bail enforcement agent makes an arrest; to require that a bail
10 enforcement agent carrying a firearm be POST-certified; to provide relative to the
11 regulation of bail producers; to provide definitions; to provide penalties; and to
12 provide for related matters.
13 Be it enacted by the Legislature of Louisiana:
14 Section 1. The introductory paragraph of Code of Criminal Procedure Art. 312(B)
15 and Code of Criminal Procedure Art. 331(C) are hereby amended and reeancted to read as
16 follows:
17 Art. 312. Right to bail before and after conviction
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SLS 19RS-158 ORIGINAL
1 * * *
2 B. A person released on a previously posted bail undertaking for (1) a crime
3 of violence as defined by R.S. 14:2(B) which carries a minimum mandatory sentence
4 of imprisonment upon conviction or (2) the production, manufacture, distribution,
5 or dispensing or possession with intent to produce, manufacture, distribute, or
6 dispense a controlled dangerous substance as defined by the Louisiana Uniform
7 Controlled Dangerous Substances Law, shall not be readmitted to bail when the
8 person previously failed to appear and a warrant for arrest was issued and not
9 recalled or the previous bail undertaking has been revoked or forfeited. If a person
10 voluntarily appears without confinement by a law enforcement officer or bail
11 recovery enforcement agent following a motion to revoke bail or issuance of an
12 arrest warrant for failure to appear but prior to revocation or forfeiture, then he may
13 be released only under one of the following circumstances:
14 * * *
15 Art. 331. Discharge of bail obligation
16 * * *
17 C.(1) A surety may surrender the defendant at any time. For the purpose of
18 surrendering the defendant, the surety may arrest him. If the defendant contracts
19 with or otherwise engages or employs a bail enforcement agent to make the
20 arrest, the bail enforcement agent shall be in compliance with the provisions of
21 R.S. 15:91 et seq. The surety shall pay a fee of twenty-five dollars to the officer
22 charged with the defendant's detention for accepting the surrender, processing the
23 paperwork, and giving the surety a certificate of surrender. Upon the surrender of the
24 defendant, the officer shall retain a copy and forward a copy of the certificate of
25 surrender to the clerk of court and the prosecuting attorney.
26 (2) Upon surrender of the defendant at any time prior to the expiration of one
27 hundred eighty days after the notice of warrant for arrest was sent, the surety shall
28 be fully and finally discharged and relieved of all obligations under the bail
29 undertaking by operation of law, without the need to file a motion or other pleading.
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SLS 19RS-158 ORIGINAL
1 * * *
2 Section 2. Code Title VIII-A of Chapter 1 of Title 15 of the Louisiana Revised
3 Statutes of 1950, comprised of R.S. 15:91 through 15:96, is hereby enacted to read as
4 follows:
5 CODE TITLE VIII-A. BAIL ENFORCEMENT AG ENTS
6 §91. Regulation of bail enforcement agents
7 A. The attorney general shall promulgate rules and regulations, in
8 accordance with the Administrative Procedure Act, as are necessary to
9 effectuate the requirements of this Code Title to regulate bail enforcement
10 agents.
11 B. The rules and regulations adopted by the attorney general shall
12 include provisions governing:
13 (1) Prelicensing and continuing education requirements for bail
14 enforcement agents.
15 (2) Bail enforcement activities in this state by nonresident individuals.
16 (3) The notification of local law enforcement agencies, including a
17 requirement that before transacting the surrender or arrest of a principal, the
18 bail enforcement agent shall notify law enforcement in the jurisdiction where
19 the principal is sought, unless exigent circumstances exist.
20 (4) In-state bail enforcement procedures.
21 (5) Standards of conduct for bail enforcement agents, which shall include
22 provisions relative to the requirements that a bail enforcement agent wear
23 identifying clothing before transacting the surrender or arrest of a principal in
24 a private residence, and that a bail enforcement agent carrying a firearm be
25 qualified annually in the use of firearms by the Council on Peace Officer
26 Standards and Training.
27 (6) Penalties for the violation of the rules and regulations.
28 §92. Definitions
29 As used in this Code Title:
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SLS 19RS-158 ORIGINAL
1 (1) "Bail enforcement" means the apprehension or surrender of a person
2 who is released on bail or who has failed to appear at any stage of the
3 proceedings to answer the charge before the court in which he may be
4 prosecuted.
5 (2) "Bail enforcement agent" means a person who engages in bail
6 enforcement.
7 §93. Licensing and fees
8 Except as provided by the rules and regulations promulgated in
9 accordance with this Code Title, bail enforcement agents shall be subject to the
10 same licensing and fee requirements for bail bond producers as provided in
11 Chapter 5 of Title 22 of the Louisiana Revised Statutes of 1950.
12 §94. Notice to local law enforcement
13 Before transacting the surrender or arrest of a principal, the bail
14 enforcement agent shall notify law enforcement in the jurisdiction where the
15 principal is sought, unless exigent circumstances exist.
16 §95. Standards of conduct; identifying clothing; carrying of firearms
17 A. A bail enforcement agent shall wear identifying clothing before
18 transacting the surrender or arrest of a principal in a private residence.
19 B. A bail enforcement agent carrying a firearm shall be qualified
20 annually in the use of firearms by the Council on Peace Officer Standards and
21 Training and have proof of qualification.
22 §96. Prohibited conduct; penalties
23 A. A bail enforcement agent shall not pay a fee or rebate, or give or
24 promise anything of value, to a jailer, police officer, peace officer, attorney,
25 committing magistrate, or any other person who has power to arrest or hold in
26 custody, or to any public official or public employee, in order to secure the
27 arrest or detention of a person.
28 B.(1) Any person who violates the provisions of Subsection A of this
29 Section shall be imprisoned, with or without hard labor, for not more than five
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SLS 19RS-158 ORIGINAL
1 years, or fined an amount not to exceed ten thousand dollars, or both.
2 (2) In addition to any imprisonment or fine imposed under Paragraph
3 (1) of this Subsection, the person shall forfeit and surrender to the attorney
4 general their license to act as a bail enforcement agent in this state upon finality
5 of the conviction, and shall be ineligible for life from obtaining a license to act
6 as a bail enforcement agent in this state.
7 Section 3. Subpart C of Part I of Chapter 5 of Title 22 of the Louisiana Revised
8 Statutes of 1950, comprised of R.S. 22:1581 through 1583, is hereby amended and reenacted
9 to read as follows:
10 SUBPART C. BAIL ENFORCEMENT AGENTS PRODUCERS
11 §1581. Regulation of bail enforcement agents Bail bond producers; prohibitions;
12 penalties
13 A. The commissioner of insurance is hereby authorized to adopt such
14 regulations, in accordance with the Administrative Procedure Act, as are necessary
15 to effectuate the requirements of this Subpart to regulate bail enforcement agents.
16 B. The regulations adopted by the commissioner shall include provisions
17 governing:
18 (1) Prelicensing and continuing education requirements for bail enforcement
19 agents.
20 (2) Bail enforcement activities in this state by nonresident individuals.
21 (3) The notification of local law enforcement agencies.
22 (4) In-state bail enforcement procedures.
23 (5) Penalties for the violation of the regulation.
24 A. A bail bond producer may not engage in any of the following
25 prohibited acts:
26 (1) Pay a fee or rebate or give or promise anything of value to a jailer,
27 police officer, peace officer, or committing magistrate or any other person who
28 has power to arrest or hold in custody or to any public official or public
29 employee in order to secure a client, bailee, settlement, compromise, remission,
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SLS 19RS-158 ORIGINAL
1 or reduction of the amount of any bail bond.
2 (2) Pay a fee or rebate or give or promise anything of value to an
3 attorney in a bail bond matter, except in defense of any action on a bond or for
4 representation at a bail bond hearing. Whenever a bail bond producer engages
5 an attorney on behalf of a defendant, the bail bond producer shall obtain prior
6 written consent from the defendant.
7 (3) Pay a fee or rebate or give or promise anything of value to the
8 principal or anyone in or on his behalf, including any inmate in a local jail or
9 prison, or correctional personnel.
10 (4) Conduct bail bond business with any person other than the
11 defendant, the indemnitor, and an attorney or in the case of a minor, a parent
12 or guardian, in or on the grounds of a courthouse or jail for the purpose of
13 executing a bail bond.
14 B. Any person or entity that violates the provisions of Paragraph (A)(1),
15 (2), or (3) of this Section commits a felony offense punishable by imprisonment,
16 with or without hard labor, for no more than five years or fined an amount not
17 to exceed ten thousand dollars, or both. In addition to any imprisonment or fine
18 imposed, the person or entity shall forfeit and surrender to the commissioner
19 their license to transact insurance business in this state upon finality of the
20 conviction. Such person or entity shall be ineligible for life from obtaining a
21 license to transact insurance business in this state.
22 C. Any person or entity that violates the provision of Paragraph (A)(4)
23 of this Section shall be guilty of a misdemeanor offense punishable by
24 imprisonment in the parish jail for no more than six months or fined an amount
25 not to exceed five thousand dollars, or both. In addition to any imprisonment
26 or fine imposed, the person or entity shall forfeit and surrender to the
27 commissioner his license to transact insurance business in this state upon
28 finality of the conviction. Such person or entity shall be precluded for a period
29 of three years from obtaining any license to transact insurance business in this
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SLS 19RS-158 ORIGINAL
1 state.
2 D. The criminal provisions of this Section shall be investigated, enforced,
3 or prosecuted only by the proper law enforcement and prosecutorial agencies.
4 §1582. Definitions Surrender for nonpayment of premium
5 As used in this Subpart:
6 (1) "Bail enforcement" means the apprehension or surrender of a person who
7 is released on bail or who has failed to appear at any stage of the proceedings to
8 answer the charge before the court in which he may be prosecuted.
9 (2) "Bail enforcement agent" means a person who engages in bail
10 enforcement.
11 A. Before a breach of an undertaking occurs, a surety or bail bond
12 producer may surrender a defendant, or the defendant may surrender himself,
13 to the official to whose custody the defendant was committed at the time the bail
14 was given. The defendant may be surrendered without a return of the premium
15 if he changes addresses without notifying his bail bond producer or surety,
16 conceals himself, leaves the jurisdiction of the court without the permission of
17 his bail bond producer or surety, fails to appear in any court at any time, or if
18 the indemnitor seeks to relieve himself of his obligation on the bond, or if the
19 defendant is convicted of a felony but sentence is not yet imposed. A bail bond
20 producer shall not surrender a client for nonpayment of a premium until thirty
21 days after the date the bond is posted.
22 B. When a bail bond producer or surety surrenders a defendant, the bail
23 bond producer or surety must file written notification and a statement of
24 surrender indicating the lawful reason for the surrender. The statement of
25 surrender must be attached to the surrender or recommit form with a copy
26 provided to the defendant, committing official, and court clerk. The bail bond
27 producer must maintain a correct copy of the statement of surrender form in
28 the defendant's file. The statement of surrender shall read as follows:
29 STATEMENT OF SURRENDER
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SLS 19RS-158 ORIGINAL
1 THE UNDERSIGNED SURETY/BAIL BOND PRODUCER on behalf of
2 ______________________________wishes to surrender/recommit the defendant
3 and hereby authorizes ______________________________as a licensed bail
4 bond producer, licensed agent of the surety, or any law enforcement officer
5 having jurisdiction to take the defendant, _____________________________,
6 into custody and deliver and surrender the defendant or cause the defendant to
7 be surrendered/recommitted into the custody of the ________________________
8 in the City/Parish of ______________________________, State of
9 ________________.
10 The lawful reason for the surrender/recommit is:
11 __________________________________________________________________
12 __________________________________________________________________
13 ___________________________________
14 Dated this _______________day of ___________________, 20___________.
15 _________________________________________________
16 Surety/Bail Bond Producer/Agent of Surety or Bail Bond Producer
17 C.(1) Upon first violation, a bail bond producer who surrenders a client
18 for nonpayment of a premium in violation of this Section shall be subject to a
19 suspension of his license for not more than six months and fined an amount not
20 to exceed five thousand dollars.
21 (2) In addition to the suspension of license provided for by Paragraph (1)
22 of this Subsection, a second or subsequent violation of this Section may be
23 punishable by permanent revocation of the bail bond producer's license and a
24 fine not to exceed ten thousand dollars.
25 §1583. Licensing and fees Prohibited actions of bail enforcement agents; liability
26 Except as provided by the regulations authorized in this Subpart, bail
27 enforcement agents shall be subject to the same licensing and fee requirements as
28 bail bond producers.
29 A. The commissioner may determine in the exercise of his discretion that
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SLS 19RS-158 ORIGINAL
1 a prohibited act committed by a licensed bail enforcement agent contracted
2 with a bail bond agency or producer may not serve as the sole basis for the
3 suspension or revocation of the agency's or producer's license, or the imposition
4 of a fine on the bail bond agency or producer pursuant to R.S. 22:1556, absent
5 a finding by the department that the bail bond agency or producer had actual
6 or constructive knowledge of, or participated in, the prohibited act.
7 B. Nothing in this Section shall be construed to alter, amend, restrict, or
8 limit the liability of any bail bond agency or producer or bail enforcement
9 agent.
10 Section 4. R.S. 22:1584 through 1586 are hereby repealed in their entirety.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement Jr.
DIGEST
SB 215 Original 2019 Regular Session Claitor
Present law provides relative to bail producers as regulated by the commissioner of
insurance. Present law includes provisions relative to bail enforcement agents.
Proposed law deletes provisions of present law relative to bail enforcement agents as
regulated by the commissioner of insurance, and further provides that bail enforcement
agents are to be regulated by the attorney general. Proposed law provides that the attorney
general is to promulgate rules and regulations as are necessary to effectuate the requirements
of proposed law relative to the regulation of bail enforcement agents, which are to include
provisions governing:
(1) Prelicensing and continuing education requirements for bail enforcement agents.
(2) Bail enforcement activities in this state by nonresident individuals.
(3) The notification of local law enforcement agencies, including a requirement that
before transacting the surrender or arrest of a principal, the bail enforcement agent
must notify law enforcement in the jurisdiction where the principal is sought, unless
exigent circumstances exist.
(4) In-state bail enforcement procedures.
(5) Standards of conduct for bail enforcement agents, including provisions relative to the
requirements that a bail enforcement agent wear identifying clothing before
transacting the surrender or arrest of a principal in a private residence, and that a bail
enforcement agent carrying a firearm be qualified annually in the use of firearms by
the Council on Peace Officer Standards and Training.
(6) Penalties for the violation of the rules and regulations promulgated pursuant to
proposed law.
Proposed law provides the following definitions:
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SLS 19RS-158 ORIGINAL
(1) "Bail enforcement" means the apprehension or surrender of a person who is released
on bail or who has failed to appear at any stage of the proceedings to answer the
charge before the court in which he may be prosecuted.
(2) "Bail enforcement agent" means a person who engages in bail enforcement.
Proposed law provides that, except as provided by the rules and regulations promulgated in
accordance with proposed law, bail enforcement agents are subject to the same licensing and
fee requirements for bail bond producers as provided in present law.
Proposed law provides that before transacting the surrender or arrest of a principal, the bail
enforcement agent must notify law enforcement in the jurisdiction where the principal is
sought, unless exigent circumstances exist.
Proposed law provides that a bail enforcement agent must wear identifying clothing before
transacting the surrender or arrest of a principal in a private residence.
Proposed law provides that a bail enforcement agent carrying a firearm must be qualified
annually in the use of firearms by the Council on Peace Officer Standards and Training and
have proof of qualification.
Proposed law provides that a bail enforcement agent cannot pay a fee or rebate, or give or
promise anything of value, to a jailer, police officer, peace officer, attorney, committing
magistrate, or any other person who has power to arrest or hold in custody, or to any public
official or public employee, in order to secure the arrest or detention of a person. Proposed
law provides that any person who violates this provision of proposed law is to be
imprisoned, with or without hard labor, for up to five years, or fined up to $10,000, or both,
and in addition, the person must forfeit and surrender to the attorney general their license to
act as a bail enforcement agent upon finality of the conviction, and is ineligible for life from
obtaining a license to act as a bail enforcement agent in this state.
Present law provides that a bail surety may surrender the defendant at any time, and that for
the purpose of surrendering the defendant, the surety may arrest him.
Proposed law retains present law, and adds that if the defendant contracts with or otherwise
engages or employs a bail enforcement agent to make the arrest, the bail enforcement agent
must be in compliance with the provisions of proposed law relative to bail enforcement
agents.
Present law provides that the commissioner of insurance may determine in the exercise of
his discretion that a prohibited act committed by a licensed bail enforcement agent
contracted with a bail bond agency or producer may not serve as the sole basis for the
suspension or revocation of the agency's or producer's license, or the imposition of a fine on
the bail bond agency or producer pursuant present law, absent a finding by the Dept. of
Insurance that the bail bond agency or producer had actual or constructive knowledge of, or
participated in, the prohibited act.
Proposed law retains present law.
Effective August 1, 2019.
(Amends C.Cr.P. Art. 312(B)(intro para) and 331(C) and R.S. 22:1581-1583; adds R.S.
15:91-96; repeals R.S. 22:1584-1586)
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