[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1637 Reported in Senate (RS)]
Calendar No. 582
105th CONGRESS
2d Session
S. 1637
_______________________________________________________________________
A BILL
To expedite State review of criminal records of applicants for bail
enforcement officer employment, and for other purposes.
_______________________________________________________________________
September 17, 1998
Reported with an amendment
Calendar No. 582
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
September 17, 1998
Reported by Mr. Hatch, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Bounty Hunter
Accountability and Quality Assistance Act of 1998''.</DELETED>
<DELETED>SEC. 2. FINDINGS.</DELETED>
<DELETED> Congress finds that--</DELETED>
<DELETED> (1) bail enforcement officers, also known as
bounty hunters or recovery agents, provide law enforcement
officers with valuable assistance in recovering fugitives from
justice;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (4) in the course of their duties, bail
enforcement officers often move in and affect interstate
commerce.</DELETED>
<DELETED>SEC. 3. DEFINITIONS.</DELETED>
<DELETED> In this Act--</DELETED>
<DELETED> (1) the term ``bail enforcement employer'' means
any person that--</DELETED>
<DELETED> (A) employs 1 or more bail enforcement
officers; or</DELETED>
<DELETED> (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);</DELETED>
<DELETED> (2) the term ``bail enforcement officer''--
</DELETED>
<DELETED> (A) means any person employed to obtain
the recovery of any fugitive from justice who has been
released on bail; and</DELETED>
<DELETED> (B) does not include any--</DELETED>
<DELETED> (i) law enforcement
officer;</DELETED>
<DELETED> (ii) attorney, accountant, or
other professional licensed under applicable
State law;</DELETED>
<DELETED> (iii) employee whose duties are
primarily internal audit or credit functions;
or</DELETED>
<DELETED> (iv) member of the Armed Forces on
active duty; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 4. BACKGROUND CHECKS.</DELETED>
<DELETED> (a) In General.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED>SEC. 5. MODEL GUIDELINES.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Byrne Grant Preference for Certain States.--</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (2) Effective date.--The amendment made by
paragraph (1) shall take effect 2 years after the date of
enactment of this Act.</DELETED>
<DELETED>SEC. 6. JOINT AND SEVERAL LIABILITY FOR ACTIVITIES OF BAIL
ENFORCEMENT OFFICERS.</DELETED>
<DELETED> 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.</DELETED>
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 person licensed
by a State to underwrite or issue 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 bondsman; 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) 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 developed under section 4(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.
(e) 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.
(f) Publication of Guidelines.--The Attorney General shall publish
model guidelines developed pursuant to subsection (a) in the Federal
Register.