[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2964 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 2964

 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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 28, 1999

 Mr. Hutchinson (for himself, Mr. Canady of Florida, Ms. Lofgren, Mr. 
  Shadegg, Mr. Allen, Mr. Hastings of Florida, Mrs. Northup, and Mr. 
   Pickett) 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 ``Bounty Hunter Responsibility Act of 
1999''.

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--
            (1) a surety on a bail bond;
            (2) an agent of such surety; or
            (3) 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.
    (b) Agency Relationship.--
            (1) Generally.--For the purposes of subsection (a), a 
        bounty hunter, if acting as an independent contractor or an 
        employee of a surety, is an agent of that surety.
            (2) Exceptions.--A surety or agent is not responsible for 
        the conduct of the bounty hunter if the surety or agent takes 
        all reasonable steps to assure that the bounty hunter is 
        licensed in a State that requires licenses for bounty hunters, 
        or is licensed as a private investigator in a State requiring 
        such licenses.
    (c) Attorney Fees.--If the court finds that a civil action under 
this section based on the conduct of a bounty hunter is frivolous or 
has been brought in bad faith, the court shall order the plaintiff to 
pay the defendant's reasonable attorneys' fees and other litigation 
costs.

SEC. 3. NOTIFICATION TO LAW ENFORCEMENT.

    It shall be the duty of each surety on a bail bond, each agent of 
such surety, and each bounty hunter, who, in a State, personally 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 the presence of such surety, agent, or 
bounty hunter, and of the intention of that surety, agent, or bounty 
hunter to seek to obtain or exercise custody over that person. This 
requirement does not preempt any additional requirements imposed on any 
such surety, agent, or bounty hunter by such State.

SEC. 4. 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 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 published under subsection (a) 
shall include recommendations of the Attorney General regarding whether 
a person seeking employment as a bounty hunter should be--
            (1) allowed to obtain such employment if that person has 
        been convicted of a felony offense or an offense of moral 
        turpitude under Federal law, or of any offense under State law 
        that would be a felony or an offense of moral turpitude 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 bounty hunter;
            (3) prohibited from obtaining employment as a bounty hunter 
        if the individual has been declared mentally incompetent by a 
        court;
            (4) required to complete successfully a State approved 
        basic certification course in the criminal justice system;
            (5) required to complete successfully a handgun training 
        course; or
            (6) required to submit to a fingerprint-based criminal 
        background check prior to entering into performance of duties 
        pursuant to employment as a bounty hunter.

SEC. 5. DEFINITIONS.

    As used in this Act--
            (1) the term ``bounty hunter'' means a person, other than a 
        public official engaging in official duties, who, for 
        compensation or a reward from a surety on a bail bond or an 
        agent of such a surety, seeks 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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