SB0219112th GA (Historical)Introduced

Amends TCA Title 40, Chapter 11.

This bill adds and revises provisions governing bail, bondsmen, and bounty hunting as follows:<br /> <br /> (1) Present law authorizes the placement of certain conditions on a defendant's bail, such as the use of a transdermal monitoring device. This bill authorizes the provider of a transdermal monitoring device, other alternative alcohol or drug monitoring device, or global positioning monitoring device to notify the court having jurisdiction over a defendant and the appropriate local government agency of the provider's intent to terminate monitoring services if the defendant fails to pay the costs associated with the use of a transdermal monitoring device, other alternative alcohol or drug monitoring device, or global positioning monitoring device for 10 business days. If the defendant remains in default for an additional 30 business days, the provider may terminate monitoring services. Before terminating monitoring services, the provider must notify the court having jurisdiction over the defendant and the appropriate local government agency of the provider's termination of monitoring services;<br /> <br /> (2) Present law excludes from acts that are considered "bounty hunting" the act of "taking into custody of a person by a professional bondsman." This bill specifies that this exemption from being considered bounty hunting only applies if the professional bondsman is arresting a person with whom the professional bondsman, or the company or surety for whom the professional bondsman acts as an approved agent, has contracted;<br /> <br /> (3) Present law prohibits a person who has been convicted of a felony from serving as a bounty hunter in this state. This bill additionally prohibits a person who has been convicted of two or more Class A or Class B misdemeanors in this state, or equivalent offenses in any other state, within the past five years, from serving as a bounty hunter;<br /> <br /> (4) Present law requires each professional bail bondsman or bonding agent individually, including partners, officers and directors of a corporation engaged for profit who are qualified as professional bail bondsmen or bonding agents, making bonds or entering into undertakings as surety in criminal proceedings to obtain eight hours of continuing education credits during each 12-month period. This bill adds that each person acting as a bounty hunter, including a professional bondsman acting as a bounty hunter, must obtain eight hours of continuing education credits during each 12-month period beginning on January 1, 2022, and at least five of the eight hours must have a specific focus on bounty hunting; and<br /> <br /> (5) Present law authorizes a bail bondsman or surety to arrest a defendant in certain limited circumstances. This bill prohibits a professional bondsman or the agent of a professional bondsman who is arresting a defendant pursuant to such limited authorization from :<br /> <br /> (A) Making a representation that the professional bondsman or the agent of the professional bondsman is a member of a law enforcement organization;<br /> <br /> (B) Wearing clothing or a uniform intended to give the impression that the professional bondsman or the professional bondsman's agent is employed by, affiliated with, or acting in the capacity of a law enforcement organization; or<br /> <br /> (C) Wearing clothing bearing an identifying title other than "Bail Bondsman".<br /> <br /> ON APRIL 15, 2021, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 217, AS AMENDED.<br /> <br /> AMENDMENT #1 deletes the provisions of this bill described in (1) of the Bill Summary.<br />

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Overview

This bill adds and revises provisions governing bail, bondsmen, and bounty hunting as follows:<br /> <br /> (1) Present law authorizes the placement of certain conditions on a defendant's bail, such as the use of a transdermal monitoring device. This bill authorizes the provider of a transdermal monitoring device, other alternative alcohol or drug monitoring device, or global positioning monitoring device to notify the court having jurisdiction over a defendant and the appropriate local government agency of the provider's intent to terminate monitoring services if the defendant fails to pay the costs associated with the use of a transdermal monitoring device, other alternative alcohol or drug monitoring device, or global positioning monitoring device for 10 business days. If the defendant remains in default for an additional 30 business days, the provider may terminate monitoring services. Before terminating monitoring services, the provider must notify the court having jurisdiction over the defendant and the appropriate local government agency of the provider's termination of monitoring services;<br /> <br /> (2) Present law excludes from acts that are considered "bounty hunting" the act of "taking into custody of a person by a professional bondsman." This bill specifies that this exemption from being considered bounty hunting only applies if the professional bondsman is arresting a person with whom the professional bondsman, or the company or surety for whom the professional bondsman acts as an approved agent, has contracted;<br /> <br /> (3) Present law prohibits a person who has been convicted of a felony from serving as a bounty hunter in this state. This bill additionally prohibits a person who has been convicted of two or more Class A or Class B misdemeanors in this state, or equivalent offenses in any other state, within the past five years, from serving as a bounty hunter;<br /> <br /> (4) Present law requires each professional bail bondsman or bonding agent individually, including partners, officers and directors of a corporation engaged for profit who are qualified as professional bail bondsmen or bonding agents, making bonds or entering into undertakings as surety in criminal proceedings to obtain eight hours of continuing education credits during each 12-month period. This bill adds that each person acting as a bounty hunter, including a professional bondsman acting as a bounty hunter, must obtain eight hours of continuing education credits during each 12-month period beginning on January 1, 2022, and at least five of the eight hours must have a specific focus on bounty hunting; and<br /> <br /> (5) Present law authorizes a bail bondsman or surety to arrest a defendant in certain limited circumstances. This bill prohibits a professional bondsman or the agent of a professional bondsman who is arresting a defendant pursuant to such limited authorization from :<br /> <br /> (A) Making a representation that the professional bondsman or the agent of the professional bondsman is a member of a law enforcement organization;<br /> <br /> (B) Wearing clothing or a uniform intended to give the impression that the professional bondsman or the professional bondsman's agent is employed by, affiliated with, or acting in the capacity of a law enforcement organization; or<br /> <br /> (C) Wearing clothing bearing an identifying title other than "Bail Bondsman".<br /> <br /> ON APRIL 15, 2021, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 217, AS AMENDED.<br /> <br /> AMENDMENT #1 deletes the provisions of this bill described in (1) of the Bill Summary.<br />

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

January 19, 2021

Subjects
03101215

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