Amends TCA Title 40, Chapter 11, Part 4.

CONTINUING EDUCATION REQUIREMENTS <br /> <br /> Present law requires each person acting as a bounty hunter, including a professional bondsman acting as a bounty hunter, to 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. The Tennessee Association of Professional Bail Agents ("association") must provide all such continuing education courses and issue certificates of compliance to certify attendance of the agents to the clerks of the courts. The association must either provide or contract for a minimum of eight hours of continuing education classes to be held on a regular basis in each of the grand divisions and may provide additional classes as necessary. The association is authorized to subcontract with any of its subassociations for classes. A schedule of these classes must be provided to all agents. The association may not charge more than $240 annually for the eight hours of continuing education, and the cost of any course with less than eight hours must be prorated. <br /> <br /> This bill revises the above provisions as follows:<br /> <br /> (1) It authorizes the association to provide or contract for a minimum of eight hours of in-person continuing education classes;<br /> <br /> (2) It authorizes the association to provide or contract for one or more virtual classes; and <br /> <br /> (3) It increases the maximum annual fee for the eight hours of continuing education from $240 to $450.<br /> <br /> BACKGROUND CHECKS<br /> <br /> This bill provides that beginning January 1, 2024, a person must not attend such a continuing education class who has been convicted in any state of a crime equivalent to a felony in this state; or two or more misdemeanors that are equivalent to Class A or Class B misdemeanors in this state if the misdemeanor convictions occurred within five years of the date of the continuing education class. The association and the Tennessee bureau of investigation (TBI) are required to do the following: <br /> <br /> (1) Create practices and procedures that allow the association to receive, interpret, and store the results of the criminal background check required in this section in a manner that ensures the confidentiality of the information; and <br /> <br /> (2) Maintain and provide a list of agencies and vendors capable of providing the appropriate background check or, in the alternative, provide the background check directly.<br /> <br /> This bill also requires the association to promulgate practices and procedures for reviewing the results of the criminal background checks. This bill requires that not less than 90 days before a scheduled continuing education class, a person seeking to attend must submit to a criminal history background check as provided by law, with the results being reported directly to the association. The person submitting to the criminal history background check is responsible for any fees associated with the background check. The criminal background check must include fingerprint checks against state and federal criminal records maintained by the TBI and the federal bureau of investigation. Upon receipt of an application and a criminal history background check, the application must be reviewed in a manner consistent with the policies and procedures of the association. If the association determines that an applicant has a disqualifying criminal history, then the association must inform the applicant of the association's determination not less than 60 days prior to the scheduled continuing education class. If the association fails to come to a decision, then the applicant is presumed to have no disqualifying criminal history. <br /> <br /> APPEAL<br /> <br /> This bill authorizes an applicant who believes that the decision of the association is in error or there are extenuating circumstances that would permit attendance notwithstanding the criminal history may appeal the association's decision within 10 days to the court of record with criminal jurisdiction within the county where the applicant resides or intends to do business, if not a resident of this state. All appeals must be in writing and set forth the grounds for the appeal. The court hearing the appeal must give written notice of its decision not less than 15 days before the scheduled continuing education class. If the court fails to provide written notice within the time period prescribed, then the court must give written notice as to when the decision will occur, or if no such notice is given, then the association's decision is deemed final. An applicant has a right to appeal the court's decision to the court of criminal appeals within 30 days. However, this bill provides that the association and its agents, contractors, and employees are not liable to any person for damages resulting from a determination.<br /> <br /> ON APRIL 6, 2023, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1482, AS AMENDED.<br /> <br /> AMENDMENT #1 revises various provisions of this bill to require that court clerks, instead of the Tennessee Association of Professional Bail Agents, will determine whether or not an applicant has a disqualifying criminal conviction based on a review of the pre-continuing education criminal history background check required by this bill. This amendment authorizes court clerks to charge a fee of up to $10.00 to receive and process an application and the criminal history background check.<br /> <br /> This amendment changes the date that the provisions of this bill relative to background checks and appeals take effect from January 1, 2024, to January 1, 2025.<br />