Search terms: COUNTY SHERIFF |
IN THE SENATE
SENATE BILL NO. 1256
BY JUDICIARY AND RULES COMMITTEE
1
AN ACT
2
3
TO REVISE A PROVISION REGARDING AN AFFIDAVIT; AND AMENDING SECTION
4
6
7
amended to read as follows:
8
19-2914. ARREST OF DEFENDANT FOR SURRENDER. At any time before the ex-
9
oneration of bail, the surety insurance company or its bail agent or the per-
10
son posting a property bond or cash deposit may empower a bail enforcement
11
agent to arrest the defendant at any place within the state by signing an af-
12
fidavit extending such authority in a form approved by the supreme court.
13
14
amended to read as follows:
15
19-2914A. BAIL ENFORCEMENT AGENTS. (1) As used in this section, "bail
16
enforcement agent" or "agent" means a person who:
17
(a) Is empowered to arrest or surrender a defendant at any time before
18
the exoneration of bail; and
19
(b) Meets the requirements of this section.
20
(2) Requirements. An agent must:
21
(a) Be eighteen (18) years of age or older;
22
23
(c) Not have been adjudicated as having suffered from any of the follow-
24
ing conditions, based on substantial evidence:
25
26
Code;
27
28
29
or
30
(iv) An incapacitated person as defined in section 15-5-101,
31
32
(d) Not be a fugitive from justice.
33
(3) Required items and information. During an arrest pursuant to sec-
34
35
36
the authority to arrest the defendant;
37
(b) The name, last known address, and photograph of the defendant;
38
(c) The name and principal address of the surety insurance company, its
39
bail agent, or the person posting a property bond or cash deposit that is
40
empowering the bail enforcement agent to arrest the defendant; and
2
1
(d) A valid driver's license or other photographic identifying docu-
2
ment or information.
3
(4) Identification. A badge shall be worn by bail enforcement agents
4
that is designed exclusively for bail enforcement agents. The badge must
5
clearly delineate the title of "bail enforcement agent" directly on and be-
6
low the badge.
7
(5) Notification to the sheriff. Prior to making a planned apprehen-
8
9
within which the planned apprehension is to occur.
10
(6) Prohibitions. Upon appointment, until either revocation of ap-
11
pointment or the exoneration of bail, an agent may not:
12
(a) Represent himself as a peace officer or an employee of any depart-
13
ment of a federal, state, or local law enforcement agency;
14
(b) Wear any uniform that would represent the agent as a peace officer
15
or an employee of any department of a federal, state, or local govern-
16
ment;
17
(c) Use a fictitious name that would represent the agent as a peace of-
18
ficer or an employee of a department of a federal, state, or local gov-
19
ernment; or
20
(d) Carry a weapon, unless in compliance with all state and federal
21
laws.
22
(7) Penalty. Any person who violates the provisions of subsection (2),
23
(3), (4), or (5) of this section for the first offense shall be liable for a
24
misdemeanor penalty of a fine not to exceed one thousand dollars ($1,000).
25
For any second or subsequent offense, the person shall be subject to a misde-
26
meanor penalty not to exceed six (6) months in jail and a fine not to exceed
27
one thousand dollars ($1,000). Any person who fails to obtain authority from
28
a surety insurance company or its bail agent, or the person posting a prop-
29
30
a similar law of another state, or who attempts to arrest or surrender a de-
31
fendant without meeting the requirements of subsection (2) of this section,
32
or who violates the provisions of subsection (6) of this section, is guilty
33
of a misdemeanor.
34
(8) Requirements for prosecution. Venue for prosecution for a viola-
35
tion under the provisions of this section shall be in the county where the
36
violation occurred, and such prosecution will be handled by the prosecuting
37
attorney of such county. A prosecution for a violation of this section must
38
39
Code.
40
(9) A bail agent who appoints a bail enforcement agent is required to
41
keep a copy of the bail enforcement agent's appointment and may rely thereon
42
that the bail enforcement agent has met the requirements of this section.