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:
(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)