Legislation	Clerk's Office	Members	Committees	Meetings	Home	Senate

HB 80 - Bail recovery agents; notification of local jurisdiction

Jones, Vernon A (71st)

Status Summary	HC:	SJudy	SC:	Judy	FR:	01/13/99	LA:	04/28/99	Signed by Governor

First Reader Summary

A BILL to amend Part 2 of Article 2 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to professional bondsmen, so as to authorize sheriffs to require professional bondsmen to submit to the sheriff for his or her approval a list of bail recovery agents employed by such bondsmen; and for other purposes.

Code Sections - 17-6-56/ 17-6-57/ 17-6-58

HB 80                                                HB 80/AP 
 
      H. B. No. 80 (AS PASSED HOUSE AND SENATE) 
      By:  Representative Jones of the 71st 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Article 2 of Chapter 6 of Title 17 of the Official 
  1- 2  Code of Georgia Annotated, relating to sureties, so as to 
  1- 3  change the amount which sureties on criminal bonds may 
  1- 4  charge as compensation from defendants or from anyone acting 
  1- 5  for defendants; to regulate bail bond recovery agents; to 
  1- 6  authorize any sheriff to require professional bondsmen who 
  1- 7  are residents of or do business in the sheriff's county to 
  1- 8  submit to the sheriff for his or her approval a list of bail 
  1- 9  recovery agents employed or contracted for by such bondsmen; 
  1-10  to provide that any bail recovery agent who enters any local 
  1-11  police jurisdiction in pursuit of and for the purpose of 
  1-12  apprehending the principal on a bail bond or capturing a 
  1-13  fugitive shall, prior to taking any action in his or her 
  1-14  capacity as a bail recovery agent in that local police 
  1-15  jurisdiction, notify the sheriff and police chief of the 
  1-16  local police jurisdiction in which the surveillance or 
  1-17  apprehension is to take place unless it is to take place in 
  1-18  public; to provide for out-of-state bail recovery agents; to 
  1-19  provide for uniform identification cards for bail recovery 
  1-20  agents and to require bail recovery agents to carry such 
  1-21  identification cards while acting in the capacity as a bail 
  1-22  recovery agent; to provide for penalties for bondsmen and 
  1-23  for bail recovery agents; to provide for civil liability for 
  1-24  damages in certain circumstances; to repeal conflicting 
  1-25  laws; and for other purposes. 
 
  1-26       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-27                           SECTION 1. 
 
  1-28  Article 2 of Chapter 6 of Title 17 of the Official Code of 
  1-29  Georgia Annotated, relating to sureties, is amended by 
  1-30  striking subsection (a) of Code Section 17-6-30, relating to 
  1-31  fees of sureties, and inserting in lieu thereof a new 
  1-32  subsection (a) to read as follows: 
 
  1-33    "(a) Sureties on criminal bonds in any court shall not 
  1-34    charge or receive more than 10 12 percent of the principal 
  1-35    amount of the bonds set in the amount of $10,000.00 or 
 
 
                                 -1- 
 
 
 
  2- 1    less and shall not charge or receive more than 15 percent 
  2- 2    of the principal amount of bonds set in an amount in 
  2- 3    excess of $10,000.00 as compensation from defendants or 
  2- 4    from anyone acting for defendants." 
 
  2- 5                          SECTION 1.1. 
 
  2- 6  Said article is further amended by adding at the end of Part 
  2- 7  2, relating to professional bondsmen, three new Code 
  2- 8  sections to read as follows: 
 
  2- 9    "17-6-56. 
 
  2-10    (a) As used in this Code section and Code Sections 17-6-57 
  2-11    and 17-6-58, the term 'bail recovery agent' means any 
  2-12    person who performs services or takes action for the 
  2-13    purpose of apprehending the principal on a bail bond 
  2-14    granted in this state or capturing a fugitive who has 
  2-15    escaped from bail in this state for gratuity, benefit, or 
  2-16    compensation. 
 
  2-17    (b) A bail recovery agent must be a United States citizen, 
  2-18    25 years of age or older, and must obtain a license 
  2-19    pursuant to Code Section 16-11-129. 
 
  2-20    (c) Any sheriff of a county shall require any professional 
  2-21    bondsman who is a resident of or doing business in the 
  2-22    sheriff's county to register his or her bail recovery 
  2-23    agents in that county.  The professional bondsman must 
  2-24    submit to the sheriff, in a form and manner to be 
  2-25    determined by the sheriff, a list of all bail recovery 
  2-26    agents whose services may be used by such bondsman. 
 
  2-27    17-6-57. 
 
  2-28    (a) Any bail recovery agent who enters any local police 
  2-29    jurisdiction in pursuit of and for the purpose of 
  2-30    apprehending the principal on a bail bond or capturing a 
  2-31    fugitive or engaging in surveillance of such principal or 
  2-32    fugitive shall, prior to taking any action in his or her 
  2-33    capacity as a bail recovery agent in that local police 
  2-34    jurisdiction, notify by facsimile transmission or 
  2-35    telephone the sheriff and police chief of the local police 
  2-36    jurisdiction in which the surveillance, apprehension, or 
  2-37    capture is to take place unless it is to take place in 
  2-38    public. 
 
  2-39    (b) An out-of-state bail recovery agent shall submit proof 
  2-40    to the sheriff or police chief that he or she is qualified 
  2-41    to be a bail recovery agent under the requirements of his 
 
 
 
                                 -2- 
 
 
 
  3- 1    or her home state.  An out-of-state bail recovery agent 
  3- 2    shall deliver a certified copy of the bail bond or of the 
  3- 3    forfeiture or failure to appear to the sheriff or chief of 
  3- 4    police.  Such out-of-state bail recovery agent, if not 
  3- 5    qualified in his or her home state or if his or her home 
  3- 6    state does not require bail recovery agents to be 
  3- 7    qualified, shall employ a Georgia bail recovery agent who 
  3- 8    is lawfully registered pursuant to this part. 
 
  3- 9    (c) Each professional bondsman shall issue a uniform 
  3-10    identification card to each bail recovery agent registered 
  3-11    by the professional bondsman which identification card 
  3-12    shall include the bail recovery agent's name, height, 
  3-13    weight, address, photograph, and signature.  The 
  3-14    identification card shall also include the signature of 
  3-15    the professional bondsman who has registered the bail 
  3-16    recovery agent as required in subsection (c) of Code 
  3-17    Section 17-6-56.  A bail recovery agent shall be required 
  3-18    to carry such identification card while acting in the 
  3-19    capacity as a bail recovery agent. 
 
  3-20    17-6-58. 
 
  3-21    (a) Any bail recovery agent who fails to register with the 
  3-22    local sheriff or who is otherwise unqualified to act as a 
  3-23    bail recovery agent but who nonetheless attempts to 
  3-24    apprehend or capture a principal on a bail bond or a 
  3-25    fugitive or who succeeds in apprehending or capturing such 
  3-26    person shall be guilty of a misdemeanor upon conviction 
  3-27    for the first violation and shall be guilty of a felony 
  3-28    upon conviction for the second and all subsequent 
  3-29    violations punishable by imprisonment for not less than 
  3-30    one nor more than five years. 
 
  3-31    (b) Any bondsman or bonding company owner, surety, or 
  3-32    agent who hires a bail recovery agent who is not qualified 
  3-33    to act as a bail recovery agent pursuant to Code Sections 
  3-34    17-6-56 and 17-6-57 shall be guilty of a misdemeanor upon 
  3-35    conviction for the first violation and shall be guilty of 
  3-36    a felony upon conviction for the second and all subsequent 
  3-37    violations punishable by imprisonment for not less than 
  3-38    one nor more than five years, or a fine of not more than 
  3-39    $10,000.00, or both. 
 
  3-40    (c) No bail recovery agent shall wear, carry, or display 
  3-41    any uniform, badge, shield, card, or other item with any 
  3-42    printing, insignia, or emblem that purports to indicate 
  3-43    that such bail recovery agent is an employee, officer, or 
 
 
 
                                 -3- 
 
 
 
  4- 1    agent of any state or federal government or any political 
  4- 2    subdivision of any state or federal government.  A 
  4- 3    violation of this subsection shall be punished upon 
  4- 4    conviction as a felony punishable by imprisonment for not 
  4- 5    less than one nor more than five years, or a fine of not 
  4- 6    more than $10,000.00, or both. 
 
  4- 7    (d) A bail recovery agent who enters the wrong property, 
  4- 8    causes damage to said property, or causes injury to anyone 
  4- 9    thereon is liable for all damages." 
 
  4-10                           SECTION 2. 
 
  4-11  All laws and parts of laws in conflict with this Act are 
  4-12  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -4-