Bill Text: CA AB2043 | 2021-2022 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Amended.html
or bail fugitive recovery person’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, his
the bail agent’s solicitors licensed pursuant to his the bail agent’s appointment, and his the bail agent’s employees, in favor of the people of the State of California. 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: person’s agent’s license, by its terms, permits the licensee to engage in the activities of a bail fugitive recovery person agent as set forth in subdivision (d) of Section 1299.01 of the Penal Code. person’s agent’s 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. persons’ agents’ licenses on the department’s public 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 website. person, agent, a bail agent, bail permittee, or bail solicitor who contracts their services to another bail agent or surety as a bail fugitive recovery person agent 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.
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-Amended.html
|
Amended
IN
Assembly
April 18, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 2043
| 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
AB 2043, as amended, Jones-Sawyer.
Bail bonds.
(1) Existing law, the Bail Fugitive Recovery Persons Act, regulates bail fugitive recovery persons, 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 include bail fugitive recovery person agent licenses in the list of bail licenses and would prohibit a person from performing the activities of a bail fugitive recovery person 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 person’s 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 also permit
require 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. 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 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 also require an applicant for a bail fugitive recovery person’s 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 person’s agent’s license, the end of the license term, as specified, or the filing of a notice of termination by the insurer, its representative,
insurer
or the bail fugitive recovery person. 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 fugitive recovery agent and 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 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.
The bill would require the commissioner to collect an annual fee of $311 to file an application for a bail fugitive recovery person’s license, and 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.
(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 person’s licenses on the department’s website, along with the license numbers.
(7) Existing law requires certain persons contracting their services as a bail
fugitive recovery person
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 require a bail fugitive recovery person, 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 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 person, 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 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.
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. 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) A person shall not perform in this state the activities of a bail fugitive recovery person,
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 person, agent, 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.
(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;
(d) Bail fugitive recovery person agent licenses.
SEC. 3.
Section 1802 of the Insurance Code is amended to read:1802.
(a) A bail agent’s(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 licenses 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 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.
(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.
SEC. 4.
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(a)
(1) Termination of the bail agent’s or a bail fugitive recovery person’s license.
(b)
(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.
(c)
(3) The filing of a notice of termination by the insurer, its representative, or by the bail or the bail fugitive recovery person. 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 surety insurer authorizing that applicant to act
on behalf of, and pursuant to, the instructions of the appointing license holder. 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 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 surety insurer or by 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.
SEC. 5.
Section 1802.3 is added to the Insurance Code, to read:1802.3.
(a) A bail fugitive recovery(b) A bail fugitive recovery person
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 persons. agents.
(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.
(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) A bail fugitive recovery agent and all bail licensees, as stated in subdivision (f) of Section 1805, shall not have been convicted of a felony unless the person is licensed pursuant to Section 1800.
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 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.
(3)In each two-year license term not less than 12 hours of continuing education in these subjects prior to renewal of their license.
(B) This paragraph shall apply to both of the following:
(i) A bail fugitive recovery agent, as described in subdivision (d) of Section 1299.01 of the Penal Code.
(ii) A bail, as described in subdivision (b) 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.
(e)
(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 they have the licensee has been a licensee in good standing for 30 continuous years in this state and is 70 years of age or older.
(f)
(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.
(g)
(h) 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)
(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.
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 agent’s license, bail permittee’s license, or bail fugitive recoverySEC. 8.
Section 1811 of the Insurance Code is amended to read:1811.
For the individual’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 filling an application or request for bail fugitive recovery person’s
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 individual’s 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 for 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 person’s 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).
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 recoverySEC. 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 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.
(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” agent” means a person licensed pursuant to Section 1802.3 of the Insurance Code who is provided written authorization pursuant to Sections 1300 and 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.
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) who is also a bail fugitive recovery agent as defined in subdivision (d) of Section 1299.01.
(2) Is a bail fugitive recovery person
agent 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)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.
(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 subdivision (d) 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, 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.
(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.
