Montana 2023 Regular Session

Montana Senate Bill SB172

Introduced
1/12/23  
Refer
1/16/23  
Engrossed
3/3/23  
Refer
3/13/23  

Caption

Generally revise bail bond laws

Impact

The implementation of SB172 is expected to enhance oversight and accountability among bail bond agents and fugitive recovery personnel. It introduces stringent standards for licensure, training, and operational conduct, including mandatory education in areas such as arrest procedures, civil rights, and first aid. By establishing these standards, the bill seeks to promote professionalism within the bail bond industry and mitigate potential risks associated with their activities, particularly in interactions with law enforcement and the public.

Summary

Senate Bill 172 aims to revise and regulate bail bond laws in the state by establishing the Bail Fugitive Recovery Agents Act. This bill creates requirements for bail bond agents and those who engage in bail fugitive recovery actions. It specifies that bail bond agents must notify local law enforcement prior to apprehending a defendant and outlines the necessary qualifications for a surety bail bond insurance license. The bill emphasizes the importance of training and certification to ensure that individuals in these roles are adequately prepared for the responsibilities they entail.

Sentiment

General sentiment around SB172 has shown support from various stakeholders who prioritize the need for regulation in the bail bonds sector. Proponents argue that the bill will help ensure public safety by creating a framework for responsible bail enforcement practices. However, there may be concerns about the potential for increased oversight and restrictions on the operational autonomy of bail bond agents, particularly among those who may view these new requirements as an unnecessary impediment.

Contention

Notable points of contention include the balance between necessary regulation and the freedom of bail agents to operate in their roles effectively. Opponents might argue that the notification requirement to law enforcement before apprehending defendants could hinder the operational efficiency of bail agents. Additionally, the bill's focus on extensive training may be criticized for creating barriers to entry in the profession, potentially limiting the availability of qualified personnel in certain areas.

Companion Bills

No companion bills found.

Previously Filed As

MT HB62

Generally revise laws related to bail bonds

MT SB470

Generally revising laws related to bail bonds

MT HB852

Generally revise bailbond laws

MT HB808

Revise surety insurance laws related to bail bonds

MT HB726

Generally revise bail bonds laws

MT AB2043

Bail bonds.

MT SB197

Generally revise bail bonds and insurance laws

MT SB63

Bonds and Recognizances; setting of bonds and schedules of bails; provide

MT H0323

Bail Bonds

MT SB326

Generally revise crime laws

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