[Congressional Record Volume 144, Number 11 (Thursday, February 12, 1998)]
[Senate]
[Pages S737-S738]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. TORRICELLI (for himself and Mr. Kohl):
  S. 1637. A bill to expedite State review of criminal records of 
applicants for bail enforcement officer employment, and for other 
purposes; to the Committee on the Judiciary.


   the bounty hunter accountability and quality assurance act of 1998

  Mr. TORRICELLI. Mr. President, today I am joined by my distinguished 
colleague from Wisconsin, Senator Kohl, in introducing the ``Bounty 
Hunter Accountability and Quality Assurance Act of 1998.'' Our bill 
will begin the process of reforming the revered but antiquated system 
of bail enforcement in this country.

  Throughout our nation's proud history, bounty hunters have proved a 
valuable addition to our law enforcement and recovery efforts. About 40 
percent of all criminal defendants are released on bail each year, and 
in 1996 alone more than 33,000 skipped town. Police departments, no 
matter how efficient or determined, cannot be expected to deal with so 
many bail jumpers in addition to their other duties. But while public 
law enforcement officers recover only about 10 percent of defendants 
who skip town, bounty hunters catch an incredible 88 percent of bail 
jumpers.
  Because of the special, contractual nature of the relationship 
between bail bondsmen and those who use them to get out of jail, bounty 
hunters have traditionally enjoyed special rights--a nineteenth century 
Supreme Court case affirmed that while bounty hunters may exercise many 
of the powers granted to police, they are not subject to many of the 
constitutional checks we place on those law enforcement officials. As a 
result, bounty hunters need not worry about Miranda rights, extradition 
proceedings, or search warrants.
  The ability to more efficiently track and recover criminal defendants 
serves a valuable purpose in our society. But the lack of 
constitutional checks on bounty hunters also opens the system up to the 
risk of abuse. Each of us has read or heard about cases in which 
legitimate bounty hunters or those simply posing as recovery agents 
have wrongfully entered a dwelling or captured the wrong person.
  In one recent Arizona case, several men claiming to be bounty hunters 
broke into a house, terrorized a family and ended up killing a young 
couple who tried to defend against the attack. It now appears that 
these men were simply ``posing'' as bounty hunters, but there are other 
reported incidents in which ``legitimate'' bounty hunters have broken 
down the wrong door, kidnaped the wrong person, or physically abused 
the targets of their searches. And there is little recourse for the 
innocent victims of wrongful acts.
  Our legislation would begin the process of making bounty hunters more 
accountable to the public they serve, and would help to restore 
confidence in the bail enforcement system. The bill would not unduly 
impose the will of the federal government on states, which have 
traditionally regulated bounty hunters. Our legislation contains only 
three simple provisions, each of which will make it easier to better 
regulate bounty hunters, but none of which will overburden states.
  The first provision of the ``Bounty Hunter Accountability and Quality 
Assurance Act'' would simply allow a national bail enforcement 
organization to run background checks through the

[[Page S738]]

FBI, ensuring that there will be a relatively easy way to keep 
convicted felons out of the bail enforcement business. A nearly 
identical provision related to private security guards recently passed 
the House by a nearly unanimous vote.
  The second provision of the bill directs the Attorney General of the 
United States to establish model guidelines for states to follow when 
creating their own bail enforcement regulations. In the course of her 
work, the Attorney General will be specifically directed to look into 
three areas identified by the bill--whether bounty hunters should be 
required to ``knock and announce'' before entering a dwelling, whether 
they should be required to carry liability insurance (most already do), 
and whether convicted felons should be allowed to obtain employment as 
bounty hunters. While states are not required to follow the model 
guidelines, those states who choose to adopt the guidelines within two 
years will receive priority for Byrne grant funding.
  Finally, this bill makes bail bond companies liable for the acts of 
the bounty hunters they hire. The clarification of liability in our 
bill will encourage these companies to carefully select and perhaps 
even train the bounty hunters in their employ. Perhaps we can cut down 
on the worst abuses if we force employers to take a closer look at who 
they hire.
  Mr. President, it is time to start the process of making rogue bounty 
hunters more accountable, while at the same time restoring America's 
confidence in the long tradition of bail enforcement that dates from 
the earliest days of this nation. I urge my colleagues to join us in 
taking this first step towards this process, and I thank my 
distinguished colleague from Wisconsin, Senator Kohl, for joining me in 
introducing this bill today.
  I ask unanimous consent that the full text of this bill be published 
in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1637

       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.
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