[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1637 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 1637

  To expedite State review of criminal records of applicants for bail 
        enforcement officer employment, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 12, 1998

  Mr. Torricelli (for himself and Mr. Kohl) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
  To expedite State review of criminal records of applicants for bail 
        enforcement officer employment, 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 ``Bounty Hunter Accountability and 
Quality Assistance Act of 1998''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) bail enforcement officers, also known as bounty hunters 
        or recovery agents, provide law enforcement officers with 
        valuable assistance in recovering fugitives from justice;
            (2) regardless of the differences in their duties, skills, 
        and responsibilities, the public has had difficulty in 
        discerning the difference between law enforcement officers and 
        bail enforcement officers;
            (3) the American public demands the employment of 
        qualified, well-trained bail enforcement officers as an 
        adjunct, but not a replacement for, law enforcement officers; 
        and
            (4) in the course of their duties, bail enforcement 
        officers often move in and affect interstate commerce.

SEC. 3. DEFINITIONS.

    In this Act--
            (1) the term ``bail enforcement employer'' means any person 
        that--
                    (A) employs 1 or more bail enforcement officers; or
                    (B) provides, as an independent contractor, for 
                consideration, the services of 1 or more bail 
                enforcement officers (which may include the services of 
                that person);
            (2) the term ``bail enforcement officer''--
                    (A) means any person employed to obtain the 
                recovery of any fugitive from justice who has been 
                released on bail; and
                    (B) does not include any--
                            (i) law enforcement officer;
                            (ii) attorney, accountant, or other 
                        professional licensed under applicable State 
                        law;
                            (iii) employee whose duties are primarily 
                        internal audit or credit functions; or
                            (iv) member of the Armed Forces on active 
                        duty; and
            (3) the term ``law enforcement officer'' means a public 
        servant authorized under applicable State law to conduct or 
        engage in the prevention, investigation, prosecution, or 
        adjudication of criminal offenses, including any public servant 
        engaged in corrections, parole, or probation functions.

SEC. 4. BACKGROUND CHECKS.

    (a) In General.--
            (1) Submission.--An association of bail enforcement 
        employers, which shall be designated for the purposes of this 
        section by the Attorney General, may submit to the Attorney 
        General fingerprints or other methods of positive 
        identification approved by the Attorney General, on behalf of 
any applicant for a State license or certificate of registration as a 
bail enforcement officer or a bail enforcement employer.
            (2) Exchange.--In response to a submission under paragraph 
        (1), the Attorney General may, to the extent provided by State 
        law conforming to the requirements of the second paragraph 
        under the heading ``Federal Bureau of Investigation'' and the 
        subheading ``Salaries and Expenses'' in title II of Public Law 
        92-544 (86 Stat. 1115), exchange, for licensing and employment 
        purposes, identification and criminal history records with the 
        State governmental agencies to which the applicant has applied.
    (b) Regulations.--The Attorney General may promulgate such 
regulations as may be necessary to carry out this section, including 
measures relating to the security, confidentiality, accuracy, use, and 
dissemination of information submitted or exchanged under subsection 
(a) and to audits and recordkeeping requirements relating to that 
information.
    (c) Report.--Not later than 2 years after the date of enactment of 
this Act, the Attorney General shall submit to the Committees on the 
Judiciary of the Senate and the House of Representatives a report on 
the number of submissions made by the association of bail enforcement 
employers under subsection (a)(1), and the disposition of each 
application to which those submissions related.
    (d) State Participation.--It is the sense of Congress that each 
State should participate, to the maximum extent practicable, in any 
exchange with the Attorney General under subsection (a)(2).

SEC. 5. MODEL GUIDELINES.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Attorney General shall publish in the 
Federal Register model guidelines for the State control and regulation 
of persons employed or applying for employment as bail enforcement 
officers.
    (b) Recommendations.--The guidelines published under subsection (a) 
shall include recommendations of the Attorney General regarding whether 
a person seeking employment as a bail enforcement officer should be--
            (1) allowed to obtain such employment if that person has 
        been convicted of a felony offense under Federal law, or of any 
        offense under State law that would be a felony if charged under 
        Federal law;
            (2) required to obtain adequate liability insurance for 
        actions taken in the course of performing duties pursuant to 
        employment as a bail enforcement officer; or
            (3) prohibited, if acting in the capacity of that person as 
        a bail enforcement officer, from entering any private dwelling, 
        unless that person first knocks on the front door and announces 
        the presence of 1 or more bail enforcement officers.
    (c) Byrne Grant Preference for Certain States.--
            (1) In general.--Section 505 of title I of the Omnibus 
        Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) is 
        amended by adding at the end the following:
    ``(e) Preference for Certain States.--Notwithstanding any other 
provision of this part, in making grants to States under this subpart, 
the Director shall give priority to States that have adopted the model 
guidelines published under section 5(a) of the Bounty Hunter 
Accountability and Quality Assistance Act of 1998.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect 2 years after the date of enactment of this 
        Act.

SEC. 6. JOINT AND SEVERAL LIABILITY FOR ACTIVITIES OF BAIL ENFORCEMENT 
              OFFICERS.

    Notwithstanding any other provision of law, a bail enforcement 
officer, whether acting as an independent contractor or as an employee 
of a bail enforcement employer on a bail bond, shall be considered to 
be the agent of that bail enforcement employer for the purposes of that 
liability.
                                 <all>