[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1637 Referred in House (RFH)]

  2d Session
                                S. 1637


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 8, 1998

                 Referred to the Committee on Judiciary

_______________________________________________________________________

                                 AN ACT


 
  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) bounty hunters, also known as bail enforcement officers 
        or recovery agents, provide law enforcement officers and the 
        courts 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 
        bounty hunters;
            (3) the availability of bail as an alternative to the 
        pretrial detention or unsecured release of criminal defendants 
        is important to the effective functioning of the criminal 
        justice system;
            (4) the safe and timely return to custody of fugitives who 
        violate bail contracts is an important matter of public safety, 
        as is the return of any other fugitive from justice;
            (5) bail bond agents are widely regulated by the States, 
        whereas bounty hunters are largely unregulated;
            (6) the public safety requires the employment of qualified, 
        well-trained bounty hunters; and
            (7) in the course of their duties, bounty hunters often 
        move in and affect interstate commerce.

SEC. 3. DEFINITIONS.

    In this Act--
            (1) the term ``bail bond agent'' means any retail seller of 
        a bond to secure the release of a criminal defendant pending 
        judicial proceedings, unless such person also is self-employed 
        to obtain the recovery of any fugitive from justice who has 
        been released on bail;
            (2) the term ``bounty hunter''--
                    (A) means any person whose services are engaged, 
                either as an independent contractor or as an employee 
                of a bounty hunter employer, 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 acting under 
                        color of law;
                            (ii) attorney, accountant, or other 
                        professional licensed under applicable State 
                        law;
                            (iii) employee whose duties are primarily 
                        internal audit or credit functions;
                            (iv) person while engaged in the 
                        performance of official duties as a member of 
                        the Armed Forces on active duty (as defined in 
                        section 101(d)(1) of title 10, United States 
                        Code); or
                            (v) bail bond agent;
            (3) the term ``bounty hunter employer''--
                    (A) means any person that--
                            (i) employs 1 or more bounty hunters; or
                            (ii) provides, as an independent 
                        contractor, for consideration, the services of 
                        1 or more bounty hunters (which may include the 
                        services of that person); and
                    (B) does not include any bail bond agent; and
            (4) the term ``law enforcement officer'' means a public 
        officer or employee authorized under applicable Federal or 
        State law to conduct or engage in the prevention, 
        investigation, prosecution, or adjudication of criminal 
        offenses, including any public officer or employee engaged in 
        corrections, parole, or probation functions, or the recovery of 
        any fugitive from justice.

SEC. 4. MODEL GUIDELINES.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Attorney General shall develop model 
guidelines for the State control and regulation of persons employed or 
applying for employment as bounty hunters. In developing such 
guidelines, the Attorney General shall consult with organizations 
representing--
            (1) State and local law enforcement officers;
            (2) State and local prosecutors;
            (3) the criminal defense bar;
            (4) bail bond agents;
            (5) bounty hunters; and
            (6) corporate sureties.
    (b) Recommendations.--The guidelines developed under subsection (a) 
shall include recommendations of the Attorney General regarding 
whether--
            (1) a person seeking employment as a bounty hunter should--
                    (A) be required to submit to a fingerprint-based 
                criminal background check prior to entering into the 
                performance of duties pursuant to employment as a 
                bounty hunter; or
                    (B) not be allowed to obtain such employment if 
                that person has been convicted of a felony offense 
                under Federal or State law;
            (2) bounty hunters and bounty hunter employers should be 
        required to obtain adequate liability insurance for actions 
        taken in the course of performing duties pursuant to employment 
        as a bounty hunter; and
            (3) State laws should provide--
                    (A) for the prohibition on bounty hunters entering 
                any private dwelling, unless the bounty hunter first 
                knocks on the front door and announces the presence of 
                1 or more bounty hunters; and
                    (B) the official recognition of bounty hunters from 
                other States.
    (c) Effect on Bail.--The guidelines published under subsection (a) 
shall include an analysis of the estimated effect, if any, of the 
adoption of the guidelines by the States on--
            (1) the cost and availability of bail; and
            (2) the bail bond agent industry.
    (d) No Regulatory Authority.--Nothing in this section may be 
construed to authorize the promulgation of any Federal regulation 
relating to bounty hunters, bounty hunter employers, or bail bond 
agents.
    (e) Publication of Guidelines.--The Attorney General shall publish 
model guidelines developed pursuant to subsection (a) in the Federal 
Register.

            Passed the Senate October 7 (legislative day, October 2), 
      1998.

            Attest:

                                                    GARY SISCO,

                                                             Secretary.