HS HCS HB 1254 -- BAIL BONDSMEN AND PRIVATE INVESTIGATORS
(Kissell)

This substitute contains provisions relating to bail bonding
agents and private investigators.

The substitute:

(1)  States the requirements for a bail bond to be valid;

(2)  Establishes qualifications of a person wishing to act as a
surety agent;

(3)  Specifies what is a breach of the undertaking of bail and
if a defendant is found to be in violation, allows the surety to
take custody;

(4)  Requires surety agents to be provided with copies of arrest
warrants or copies of the undertaking upon surrender of
defendants.  Courts having jurisdiction are required to order
that the surety be exonerated from liability upon surrender of
the defendant;

(5)  Allows surety agents to apprehend defendants anywhere
within the state.  After apprehending a person, the surety must
notify the local law enforcement agency where the apprehension
occurred;

(6)  Requires the court to give the surety notice of the
defendant's court appearance;

(7)  Allows the court, upon failure of the defendant to appear,
to order the forfeiture of bond and order an execution hearing.
A judgment of forfeiture is prohibited under certain
circumstances;

(8)  Requires bail agents and insurers to issue receipts when
receiving collateral for services;

(9)  Lists the types of bonds which may be used to post bail on
arrest warrants or other undertakings;

(10)  Sets requirements for eligibility to be a licensed bail
bond agent or recovery agent;

(11)  Requires persons wishing to be bail bond agents to make
application with the Department of Insurance and meet certain
requirements established by the substitute;

(12)  Prohibits certain persons from becoming bail bond agents
or from receiving any benefits from the execution of any bail
bond;

(13)  Sets the percentage rates for bonds;

(14)  Requires individuals who engage in the business of private
investigation to have a private investigator's license;

(15)  Creates a Board of Private Investigator Examiners with the
duty to govern the application, manner of training and
certification of trainers, and licensure of private
investigators; and

(16)  Permits the board to suspend or revoke a private
investigator's license for various violations of prohibited
conduct, after notice and an opportunity for hearing.

The substitute contains penalty provisions.

FISCAL NOTE:  Estimated Net Income to Insurance Dedicated Fund
of $15,653 in FY 2001, $15,638 in FY 2002, and $14,770 in FY
2003.  Estimated Net Income to Criminal Record System Fund of
$199,225 in FY 2001, $304,702 in FY 2002, and $301,856 in FY
2003.  Estimated Net Cost to General Revenue Fund of less than
$100,000 in FY 2001, FY 2002, and FY 2003.

HCS HB 1254 -- BAIL BONDSMEN AND PRIVATE INVESTIGATORS

SPONSOR:  Kissell

COMMITTEE ACTION:  Voted "do pass" by the Committee on Public
Safety and Law Enforcement by a vote of 16 to 0.

This substitute contains provisions relating to bail bonding
agents and private investigators.

The substitute:

(1)  States the requirements for a bail bond to be valid;

(2)  Establishes qualifications of a person wishing to act as a
surety agent;

(3)  Specifies what is a breach of the undertaking of bail and
if a defendant is found to be in violation, allows the surety to
take custody;

(4)  Requires surety agents to be provided with copies of arrest
warrants or copies of the undertaking upon surrender of
defendants.  Courts having jurisdiction are required to order
that the surety be exonerated from liability upon surrender of
the defendant;

(5)  Allows surety agents to apprehend defendants anywhere
within the state.  After apprehending a person, the surety must
notify the local law enforcement agency where the apprehension
occurred;

(6)  Requires the court to give the surety notice of the
defendant's court appearance;

(7)  Allows the court, upon failure of the defendant to appear,
to order the forfeiture of bond and order an execution hearing.
A judgment of forfeiture is prohibited under certain
circumstances;

(8)  Requires bail agents and insurers to issue receipts when
receiving collateral for services;

(9)  Lists the types of bonds which may be used to post bail on
arrest warrants or other undertakings;

(10)  Sets requirements for eligibility to be a licensed bail
bond agent or recovery agent;

(11)  Requires persons wishing to be bail bond agents to make
application with the Department of Insurance and meet certain
requirements established by the substitute;

(12)  Prohibits certain persons from becoming bail bond agents
or from receiving any benefits from the execution of any bail
bond;

(13)  Sets the percentage rates for bonds;

(14)  Requires individuals who engage in the business of private
investigation to have a private investigator's license;

(15)  Creates a Board of Private Investigator Examiners with the
duty to govern the application, manner of training and
certification of trainers, and licensure of private
investigators; and

(16)  Permits the board to suspend or revoke a private
investigator's license for various violations of prohibited
conduct, after notice and an opportunity for hearing.

The substitute contains penalty provisions.

FISCAL NOTE:  Estimated Net Income to Insurance Dedicated Fund
of $15,653 in FY 2001, $15,638 in FY 2002, and $14,770 in FY
2003.  Estimated Net Income to Criminal Record System Fund of
$199,225 in FY 2001, $304,702 in FY 2002, and $301,856 in FY
2003.  Estimated Net Cost to General Revenue Fund of less than
$100,000 in FY 2001, FY 2002, and FY 2003.

PROPONENTS:  Supporters say that the bill addresses concerns
that bail bondsmen, surety recovery agents, and private
investigators be more accountable to the public by imposing new
licensing, training, and liability provisions.

Testifying for the bill were Representative Kissell; Michael
Intravia; and Missouri Association of Private Investigators.

OPPONENTS:  There was no opposition voiced to the committee.

Sarah Madden, Legislative Analyst

HB 1254 -- Bail Bondsmen and Private Investigators

Sponsor:  Kissell

This bill contains provisions relating to bail bonding agents
and private investigators.

The bill:

(1)  States the requirements for a bail bond to be valid;

(2)  Establishes qualifications of a person wishing to act as a
surety agent;

(3)  Specifies what is a breach of the undertaking of bail and
if a defendant is found to be in violation, allows the surety to
take custody;

(4)  Requires surety agents to be provided with copies of arrest
warrants or copies of the undertaking upon surrender of
defendants.  Courts having jurisdiction are required to order
that the surety be exonerated from liability upon surrender of
the defendant;

(5)  Allows surety agents to apprehend defendants anywhere
within the state.  After apprehending a person, the surety must
notify the local law enforcement agency where the apprehension
occurred;

(6)  Requires the court to give the surety notice of the
defendant's court appearance;

(7)  Allows the court, upon failure of the defendant to appear,
to order the forfeiture of bond, and order an execution
hearing.  A judgment of forfeiture is prohibited under certain
circumstances;

(8)  Requires bail agents and insurers to issue receipts when
receiving collateral for services;

(9)  Lists the types of bonds which may be used to post bail on
arrest warrants or other undertakings;

(10)  Sets requirements to be eligible to be licensed bail bond
agents or recovery agents;

(11)  Requires persons wishing to be bail bond agents to make
application with the Department of Insurance and meet certain
requirements established by the bill;

(12)  Prohibits certain persons from becoming bail bond agents
or from receiving any benefits from the execution of any bail
bond;

(13)  Sets the percentage rates for bonds;

(14)  Requires individuals who engage in the business of private
investigation to have a private investigator's license;

(15)  Creates a Board of Private Investigator Examiners with the
duty to govern the application, manner of training and
certification of trainers, and licensure of private
investigators; and

(16)  Permits the board to suspend or revoke a private
investigator's license for various violations of prohibited
conduct, after notice and an opportunity for hearing.

The bill contains penalty provisions.