COMPENDIUM OF STATE BOUNTY HUNTER LAWS

"(The sureties)***whenever they choose to do so may seize him and deliver him up to their discharge: and if this cannot be once at once, they may imprison him until it can be done. They may pursue him to another state; may arrest him on the Sabbath, and, if necessary, may break and enter his house for that purpose. The seizure is not made by virtue of new process. None is needed. It is likened to the rearrest by the sheriff of an escaping prisoner."

United States Supreme Court: Taylor v Taintor 16 Wall, 36

Introduction

In August 1997, five intruders, masquerading as bounty hunters, murdered an innocent couple in Phoenix. The national media reported the incident as a bounty hunter operation gone awry. By the time it was learned that the assailants were not bounty hunters, the shelf life on the story had expired. Although for the fake bounty hunters there have three convictions for murder and two trials pending, both the general public and public officials have been left with the mythical residue of abuses by bounty hunters. In many state houses there was a knee jerk reaction to propose legislative responses to curb and regulate bounty hunting. In the 1998 session, 14 states dropped bills on the topic. The following year, during the 1999 session, 26 states proposed such legislation. Not all these bill passed. Some died when the states went out of session. Others have carried over to the 2000 session. All states have some provision for the recovery of bail jumpers. Not all have laws making a distinction between the bondsman and his contracted agent, the bail recovery agent/bounty hunter. By the end of April 2000, ten states had added bounty hunter specific provisions to their codes, and 13 states had pending legislation for that purpose.

Our purpose is twofold: (1) to present the states which have bail recovery laws actually on the books, and provide a brief sketch of such laws, citing relevant authorities in the states’ codes, (2) to post pending legislation if it exists.

Focus

This compendium will treat only of laws pertaining to recovery operations involving bounty hunters as defined below. Where there is not a distinction made between the bounty hunter and the bondsman, we have posted the law anyway for purposes of completeness and continuity. (For purposes of this study the term "bounty hunter" means the same thing as "bail recovery agent".)

The term "bounty hunter"--

(A) means any person whose services are engaged, either as an independent contractor or as an employee of a bounty hunter employer, to obtain the recovery of any fugitive from justice who has been released on bail; and

(B) does not include any--

(I) law enforcement officer acting under color of law;

(ii) attorney, accountant, or other professional licensed under applicable State law;

(iii) employee whose duties are primarily internal audit or credit functions;

(iv) person while engaged in the performance of official duties as a member of the Armed Forces on active duty as defined in section 101(d)(1) of title 10, United States Code; or

(v) bail bond agent;

The term "bounty hunter employer"--

(A) means any person that--

(I) employs 1 or more bounty hunters; or

(ii) provides, as an independent contractor, for consideration, the services of 1 or more bounty hunters (which may include the services of that person); and

(B) does not include any bail bond agent.

The term "bail bond agent" means any retail seller of a bond to secure the release of a criminal defendant pending judicial proceedings. (Here "bail bond agent" and "bondsman" mean the same thing.)

A Word About the Uniform Criminal Extradition Act(UCEA)

The UCEA treats of the recovery of fugitives across state lines. It is a procedure whereby fugitives who have committed a crime in a state, can be returned from their current state to that where the offense was committed. Though extradition is a government function, the UCEA constrains the traditional practice of bail fugitive recovery across state lines. Under the UCEA, a private person can arrest a fugitive accused of a crime in another state for which the punishment is at least one year of confinement. But the accused must be brought before a judge or magistrate within 24 hours of arrest, whereupon he will be confined to allow for formal extradition process from the requesting state. All states, but two, Missouri and South Carolina, and two territories have adopted the UCEA. Since the late 80's, courts have said that UCEA also applies to bail fugitives.

Disclaimer

Every state has regulatory bodies and courts, the rules and decisions of which affect the statutes passed by state legislatures. While this document attempts to be completely accurate, at almost any moment during the working day, a state department of insurance or court can issue a directive which would change the material below. Hence, there is no substitute for a person doing business in a jurisdiction to find out what the current law and practice is. Indeed, it is that person’s professional responsibility. Know your state’s bail fugitive laws and regulations.

You may click here for a brief Overview of Bounty Hunter Laws.

April 1, 2001
adapted from American Bail Coalition:
http://www.americanbailcoalition.com/

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