[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3168 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 3168

 To clarify that bail bond sureties and bounty hunters are subject to 
  both civil and criminal liability for violations of Federal rights 
    under existing Federal civil rights law, and for other purposes.


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                    IN THE HOUSE OF REPRESENTATIVES

                            February 5, 1998

 Mr. Hutchinson (for himself, Mr. Canady of Florida, Mr. Conyers, Mr. 
Hastings of Florida, Mrs. Myrick, Mr. Blunt, Ms. Lofgren, Mr. Oberstar, 
    Mr. Allen, Mr. Kleczka, Mr. Filner, Mr. DeFazio, Mr. Frost, Mr. 
  Martinez, Ms. Furse, Mr. Barrett of Wisconsin, Mr. Wexler, and Mr. 
   Shadegg) introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To clarify that bail bond sureties and bounty hunters are subject to 
  both civil and criminal liability for violations of Federal rights 
    under existing Federal civil rights law, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Citizen Protection Act of 1998''.

SEC. 2. CLARIFICATION OF APPLICATION OF CIVIL RIGHTS LAWS.

    (a) In General.--For purposes of section 1979 of the Revised 
Statutes of the United States (42 U.S.C. 1983), section 242 of title 
18, United States Code, and other Acts of Congress providing civil or 
criminal liability for the deprivation of Federally protected rights 
under color of any statute, ordinance, regulation, custom, or usage, of 
a State, a surety on a bail bond, and any bounty hunter, seeking to 
obtain or exercise custody over a person admitted to bail under the 
laws of a State is acting under color of a statute, ordinance, 
regulation, custom, or usage of that State. Any bounty hunter, whether 
acting as an independent contractor or an employee of a surety on a 
bail bond, shall be considered the agent of such surety for the 
purposes of such liability.
    (b) Notification of State Authorities.--It shall be the duty of 
each surety on a bail bond and of each bounty hunter, who, in a State, 
seeks to obtain or exercise custody over a person admitted to bail 
outside that State, before commencing activities in that State, to 
inform the local law enforcement agency of such information pertaining 
to the surety or bounty hunter as is required under the law of that 
State.
    (c) Definitions.--As used in this Act--
            (1) the term ``bounty hunter'' means a person, other than a 
        public official engaging in official duties, who seeks, for 
        compensation or in order to receive a reward, to obtain or 
        exercise custody over another person for purposes of criminal 
        judicial proceedings; and
            (2) the term ``State'' includes any territory or possession 
        of the United States and the District of Columbia.
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