Bill Text: CA AB2043 | 2021-2022 | Regular Session | Chaptered
Bill Title: Bail bonds.
Spectrum: Bipartisan Bill
Status: (Passed) 2022-09-29 - Chaptered by Secretary of State - Chapter 768, Statutes of 2022. [AB2043 Detail]
Download: California-2021-AB2043-Chaptered.html
Assembly Bill
No. 2043
CHAPTER 768
An act to amend, repeal, and add 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, repeal, and add Sections 1299.01, 1299.02, and 1299.04 of the Penal Code, relating to bail bonds.
[
Approved by
Governor
September 29, 2022.
Filed with
Secretary of State
September 29, 2022.
]
LEGISLATIVE COUNSEL'S DIGEST
AB 2043, Jones-Sawyer.
Bail bonds.
(1) Existing law, the Bail Fugitive Recovery Persons Act, regulates bail fugitive recovery agents, 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, commencing July 1, 2023, include bail fugitive recovery agent licenses in the list of bail licenses and would prohibit a person from performing the activities of a bail fugitive recovery agent unless the person holds a license, as specified. The bill would exempt an individual holding a bail agent’s, bail permittee’s, or bail solicitor’s license from a bail fugitive recovery agent’s 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. Existing law requires a bail agent licensee to file with the commissioner a surety bond of $1,000.
This bill would, commencing July 1, 2023,
require a bail fugitive recovery agent to file with the commissioner a surety bond of $1,000 and a policy of liability insurance with minimum limits of $1,000,000. The bill would require the Insurance Commissioner to delay the implementation of the liability insurance requirement, if there is either a reasonable lack of availability or affordability, or both, of liability insurance. The bill would exempt bail agents, bail permittees, and bail solicitors who are applying for a bail fugitive recovery agent license from these filing provisions if they have a current surety bond and liability insurance policy on file with the commissioner.
(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, commencing July 1, 2023, also require an applicant for a bail fugitive recovery agent’s 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 agent’s license, the end of the license term, as specified, or the filing of a notice of termination by the bail agent, the insurer, or the bail fugitive recovery agent. The bill would exempt bail agents and bail permittees, who apply for a bail fugitive recovery agent license, from these provisions if they have one or more surety appointments on file with the commissioner and the surety
or sureties have authorized the bail agent or bail permittee to work as a bail fugitive recovery agent. The bill would require a bail fugitive recovery agent to disclose to the department that they are also a bail agent, permittee, or solicitor, on their license application and renewal and to carry specified identification cards. The bill would prohibit a person convicted of a felony from being a bail licensee, unless the person is licensed pursuant to statute.
(4) Existing law allows the commissioner to issue a temporary license to the executor or administrator of a deceased holder of
a bail agent’s or bail permittee’s license.
This bill would, commencing July 1, 2023, 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 person’s 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 agent’s or bail solicitor’s license is $283. Existing law establishes the fee for a bail permittee’s license at $567, and establishes other fees for renewal applications, fictitious name statements, bond filings, and amendments of applications, as specified.
This bill would increase the application fee for a bail agent’s or bail solicitor’s license to $311. The
bill would also increase the application fee for a bail permittee’s license to $624. The bill would increase the fees to file other applications and documents, as specified. The bill would, commencing July 1, 2023, require the commissioner to collect an annual fee of $311 to file an application for a bail fugitive recovery person’s license and an annual fee of $94 for a bail fugitive recovery agent’s renewal application.
(6) Existing law requires the commissioner to publish and maintain a list of holders of certain licenses, as specified.
This bill would, commencing July 1, 2023, require the commissioner to publish and maintain a list of holders of bail fugitive recovery person’s licenses on the department’s internet website, along with the license numbers.
(7) Existing law requires certain persons contracting their services as a bail
fugitive recovery agent 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, commencing July 1, 2023, require a bail fugitive recovery agent, 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, commencing July 1, 2023, 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. The bill would require a bail fugitive recovery agent and a bail agent, who hires, trains, or designates assignments for bail fugitive recovery agents, to complete the 40-hour power of arrest course.
(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 agent, 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, commencing July 1, 2023, limit that authority to apprehend, detain, or arrest a bail fugitive to a specified bail licensee and a private investigator licensed in this state who are also bail fugitive recovery agents. The bill would prohibit a bail licensee and a private investigator who are licensed in another state from apprehending, arresting, or detaining a bail fugitive in this state, unless they obtain a bail fugitive recovery agent license in this state and comply with the laws of this state. 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: YESBill 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) 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.
(c) This section shall remain in effect only until July 1, 2023, and as of that date is repealed.
SEC. 2.
Section 1800 is added to the Insurance Code, 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) (1) A person shall not perform in this state the activities of a bail
fugitive recovery agent, 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 agent, as defined in subdivision (d) of Section 1299.01 of the Penal Code, unless licensed pursuant to this chapter.
(2) Any person, persons, or entity, including licensed bail agents and surety insurers, that hire, contract, solicit, or appoint another person or persons to act as a bail fugitive recovery agent shall ensure that the hired person or persons are duly licensed by the department as a bail fugitive recovery agent under paragraph (4) of subdivision (a) of Section 1801.
(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.
(d) This section shall become operative on July 1, 2023.
SEC. 3.
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.
(d) This section shall remain in effect only until July 1, 2023, and as of that date is repealed.
SEC. 4.
Section 1801 is added to the Insurance Code, to read:1801.
(a) Bail licenses are:(1) Bail agents’ licenses.
(2) Bail permittees’ licenses.
(3) Bail solicitors’ licenses.
(4) Bail fugitive recovery agent licenses.
(b) This section shall become operative on July 1, 2023.
SEC. 5.
Section 1802 of the Insurance Code is amended to read:1802.
(a) A bail agent’s 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, the bail agent’s solicitors licensed pursuant to the bail agent’s appointment, and the bail agent’s employees, in favor of the people of the State of California.(b) This section shall remain in effect only until July 1, 2023, and as of that date is repealed.
SEC. 6.
Section 1802 is added to the Insurance Code, to read:1802.
(a) A bail agent’s 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, the bail agent’s solicitors licensed pursuant to the bail agent’s appointment, and the bail agent’s employees, in favor of the people of the State of California.(b) A bail fugitive recovery agent shall file all of the following with the commissioner:
(1) A bond having an admitted surety insurer as surety thereon in the penal sum of one thousand dollars ($1,000). The surety bond required by this section shall allow persons to recover for actionable injuries, loss, or damage resulting from the willful or wrongful acts or omissions of the licensee and protects this state, its agents, officers, and employees from judgments against the licensee, and is further conditioned upon the faithful and honest conduct of the licensee.
(2) (A) A policy of liability insurance that provides minimum limits of insurance of one million dollars ($1,000,000) for any one loss
or occurrence due to either bodily injury or death, or property damage, or both.
(B) The commissioner shall delay the implementation of subparagraph (A) if there is either a reasonable lack of availability or affordability, or both, of liability insurance for bail fugitive recovery agents.
(c) Bail agents, bail permittees, and bail solicitors who apply for a bail fugitive recovery agent license are exempt from subdivision (b) if they have a current surety bond and liability insurance policy on file with the commissioner.
(d) This section shall become operative on July 1, 2023.
SEC. 7.
Section 1802.1 of the Insurance Code is amended to read:1802.1.
(a) Every applicant for a license to act as a bail agent 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:(1) Termination of the bail agent’s license.
(2) The end of the license term, if the fee provided in subdivision (e) of Section 1811 for filing a renewal application is not paid.
(3) The filing of a notice of termination by the insurer, its representative, or by the bail agent.
(b) This section shall remain in effect only until July 1, 2023, and as of that date is repealed.
SEC. 8.
Section 1802.1 is added to the Insurance Code, to read:1802.1.
(a) Every applicant for a license to act as a bail agent 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 fee 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:(1) Termination of the bail
agent’s license.
(2) The end of the license term, if the fee provided in subdivision (f) of Section 1811 for filing a renewal application is not paid.
(3) The filing of a notice of termination by the insurer, its representative, or by the bail agent.
(b) Every applicant for a license to act as a bail fugitive recovery agent shall file with the commissioner a notice of appointment executed by a bail agent or surety insurer authorizing that applicant to act on behalf of, and pursuant to, the instructions of the appointing licenseholder. Additional notices of appointment may be filed by other
bail agents or surety insurers upon the payment for each additional notice of the fee 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:
(1) Termination of the bail fugitive recovery agent’s license.
(2) The end of the license term, if the fee provided in subdivision (f) of Section 1811 for filing a renewal application is not paid.
(3) The filing of a notice of termination by the
bail agent, the surety insurer, or the bail fugitive recovery agent.
(c) Bail agents and bail permittees who apply for a bail fugitive recovery agent license are exempt from subdivision (b) if the bail agent or bail permittee has one or more surety appointments on file with the commissioner and the surety or sureties providing the appointments have authorized the bail agent or bail permittee to work under their authority as a bail fugitive recovery agent.
(d) This section shall become operative on July 1, 2023.
SEC. 9.
Section 1802.3 is added to the Insurance Code, to read:1802.3.
(a) A bail fugitive recovery agent’s license, by its terms, permits the licensee to engage in the activities of a bail fugitive recovery agent as set forth in subdivision (d) of Section 1299.01 of the Penal Code.(b) A bail fugitive recovery agent 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 agents.
(d) A bail fugitive recovery agent shall disclose on their license application
and renewal to the department whether they are also a bail agent, permittee, or solicitor, and shall carry identification cards issued by the commissioner pursuant to Section 2077.1 of Chapter 5 of Title 10 of the California Code of Regulations.
(e) All bail licensees shall not have been convicted of a felony unless the person is licensed pursuant to Section 1800.
(f) This section shall become operative on July 1, 2023.
SEC. 10.
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 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 each two-year license term not less than 12 hours of continuing education in these subjects prior to renewal of 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 applicant’s 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 provider’s 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 provider’s
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 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 or bail fugitive recovery 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.
(i) This section shall remain in effect only until July 1, 2023, and as of that date is repealed.
SEC. 11.
Section 1810.7 is added to the Insurance Code, 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 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.
(2) (A) 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.
(B) This paragraph shall apply to both of the following:
(i) A bail fugitive recovery agent, as described in paragraph (4) of subdivision (a) of Section 1299.01 of the Penal Code.
(ii) A bail, as described in paragraph (2) of subdivision (a) of Section 1299.01 of the Penal Code, who hires, trains, or designates assignments for bail fugitive recovery agents.
(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 applicant’s 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 provider’s 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 provider’s 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 additionally complete in each two-year license term not less than 12 hours of continuing education in the subjects stated in subdivision (a) prior to renewal of the licensee’s license.
(f) 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 the licensee has been a licensee in good standing for 30 continuous years in this state and is 70 years of age or older.
(g) 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.
(h) Nothing in this chapter shall preclude completion of the bail agent or bail fugitive recovery 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.
(i) 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.
(j) This section shall become operative on July 1, 2023.
SEC. 12.
Section 1810.8 of the Insurance Code is amended to read:1810.8.
(a) The commissioner may issue a temporary license to the executor or administrator of the estate of a deceased holder of a bail agent’s license or bail permittee’s license, permitting such party to act as such representative to exercise the rights and privileges of such a licenseholder 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.(b) This section shall remain in effect only until July 1, 2023, and as of that date is repealed.
SEC. 13.
Section 1810.8 is added to the Insurance Code, to read:1810.8.
(a) The commissioner may issue a temporary license to the executor or administrator of the estate of a deceased holder of a bail agent’s license, bail permittee’s license, or bail fugitive recovery agent’s license, permitting such party to act as such representative to exercise the rights and privileges of such a licenseholder 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.(b) This section shall become operative on July 1, 2023.
SEC. 14.
Section 1811 of the Insurance Code is amended to read:1811.
For the commissioner’s 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 agent’s license, three hundred eleven dollars ($311) per year.
(b) For filing an application or request for bail solicitor’s license,
three hundred eleven dollars ($311) per year.
(c) For filing an application or request for bail permittee’s license, six hundred twenty-four dollars ($624).
(d) For filing an application for examination, or reexamination, sixty-two dollars ($62).
(e) For a renewal application, a fee of
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 their 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) For a bail solicitor’s renewal application, a fee of
ninety-four dollars ($94) per year.
(g) For a bail permittee’s renewal application, a fee of three hundred ninety-four dollars ($394) per year.
(h) 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) For filing application or request for approval of a true or fictitious name pursuant to Section 1724.5, thirty-two dollars ($32), except that there shall be no fee when the name is contained in an original application.
(j) For filing a bond required by this chapter, except when the bond constitutes part of an original application, twenty-eight dollars ($28).
(k) For filing a first amendment to an application,
fifteen dollars ($15).
(l) For filing a second and each subsequent amendment to an application, thirty-two dollars ($32).
(m) This section shall remain in effect only until July 1, 2023, and as of that date is repealed.
SEC. 15.
Section 1811 is added to the Insurance Code, to read:1811.
For the commissioner’s 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 agent’s license, three hundred eleven dollars ($311) per year.
(b) For filing an application or request for bail solicitor’s license, three hundred eleven dollars ($311) per year.
(c) For filing an application or request for bail permittee’s license, six hundred twenty-four dollars ($624).
(d) For filing an application or request for bail fugitive recovery agent’s license, three hundred eleven dollars ($311) per year.
(e) For filing an application for examination, or reexamination, sixty-two dollars ($62).
(f) For a renewal application, a fee of 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 the agent’s intent to terminate the appointment of one or more of those insurers, in which event the fee shall be based upon the number
of insurers remaining.
(g) For a bail solicitor’s renewal application, a fee of ninety-four dollars ($94) per year.
(h) For a bail permittee’s renewal application, a fee of three hundred ninety-four dollars ($394) per year.
(i) For a bail fugitive recovery agent’s renewal application, a fee of ninety-four dollars ($94) per year.
(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.
(k) For filing application or request for approval of a true or fictitious name pursuant to Section 1724.5, thirty-two dollars ($32), except that there shall be no fee when the name is contained in an original application.
(l) For filing a bond required by this chapter, except when the bond constitutes part of an original application, twenty-eight dollars ($28).
(m) For filing a first amendment to an application, fifteen dollars ($15).
(n) For filing a second and each subsequent amendment to an application, thirty-two dollars ($32).
(o) This section shall become operative on July 1, 2023.
SEC. 16.
Section 1815 of the Insurance Code is amended to read:1815.
(a) The commissioner shall publish and maintain a list of the names of holders of bail agents’ and bail permittees’ licenses and their solicitors on the department’s public internet website together with their license numbers and any other information in respect to the persons as the commissioner considers advisable. The commissioner shall promptly upon termination, for any cause, of any license, update the department’s public internet website.(b) This section shall remain in effect only until July 1, 2023, and as of that date is repealed.
SEC. 17.
Section 1815 is added to the Insurance Code, to read:1815.
(a) 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 agents’ licenses on the department’s public internet website, together with their license numbers and any other information with respect to the persons as the commissioner considers advisable. The commissioner shall promptly upon termination, for any cause, of any license, update the department’s public internet website.(b) This section shall become operative on July 1, 2023.
SEC. 18.
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 licensed by the Department of Insurance pursuant to Section 1800 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 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.
(e) This section shall remain in effect only until July 1, 2023, and as of that date is repealed.
SEC. 19.
Section 1299.01 is added to the Penal Code, to read:1299.01.
(a) For purposes of this article, the following terms shall have the following meanings:(1) “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.
(2) “Bail” means a bail agent, bail permittee, or bail solicitor licensed by the Department of Insurance pursuant to Section 1802, 1802.5, or 1803 of the Insurance Code.
(3) “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.
(4) “Bail fugitive recovery agent” means a person licensed pursuant to Section 1802.3 of the Insurance Code who is provided written authorization pursuant to Section 1300 or 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.
(b) This section
shall become operative on July 1, 2023.
SEC. 20.
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) 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.
(c) This section shall remain in effect only until July 1, 2023, and as of that date is
repealed.
SEC. 21.
Section 1299.02 is added to the Penal Code, 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 paragraph (2) of subdivision (a) of Section 1299.01 who is also a bail fugitive recovery agent as defined in paragraph (4) of subdivision (a) of Section 1299.01.
(2) Is a bail fugitive recovery agent as defined in paragraph (4) of subdivision (a) of Section 1299.01.
(3) Is a licensed private investigator as provided in Chapter 11.3
(commencing with Section 7512) of Division 3 of the Business and Professions Code who is also a bail fugitive recovery agent as defined in paragraph (4) of subdivision (a) of Section 1299.01.
(b) This article shall not prohibit an arrest pursuant to Sections 837, 838, and 839, provided that no consideration is paid or allowed, directly or indirectly, to any person effecting an arrest pursuant to Sections 837, 838, and 839.
(c) Individuals who hold a bail license, bail fugitive recovery license, bail enforcer license, bail runner license, or private investigator license issued by another state shall not apprehend, detain, or arrest bail fugitives in California, unless that individual obtains a bail fugitive recovery agent license issued in this state and complies with
California law.
(d) This section shall become operative on July 1, 2023.
SEC. 22.
Section 1299.04 of the Penal Code is amended to read:1299.04.
(a) A bail fugitive recovery person, 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 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 them at all times in the course of performing their duties under this article.
(c) This section shall remain in effect only until July 1, 2023, and as of that date is repealed.
SEC. 23.
Section 1299.04 is added to the Penal Code, to read:1299.04.
(a) A bail fugitive recovery agent, bail agent, bail permittee, or bail solicitor who contracts their services to another bail agent or surety as a bail fugitive recovery agent for the purposes specified in paragraph (4) of subdivision (a) 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.(b) This section shall become operative on July 1, 2023.
