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Licensing Requirements for Agents
California provides for three kinds of bail licenses [IC 1801]:
Bail agents' license [IC 1802]
Bail permitees' license [IC 1802.5]
Bail solicitors' license [IC 1803]
Bail bond agents must comply with the following for licensure:
Be a continuous resident of the state of California for at least two years [IC 1805(a)]
Be of good moral character, reputation, and fitness to act in a fiduciary capacity [1805(b)]
Have no outstanding judgment of conviction of a misdemeanor or felony denounced by the CA code, or one of the elements of which involves a misappropriation of money or property [IC 1805]
File with the commissioner a surety bond of $1000 for proper handling of money collected [IC 1802]
Place a notice of appointment on file with commissioner by a surety insurer [IC 1802.1]
File an application in the form prescribed by the commissioner [IC 1804]
Take and pass a written examination given by the commissioner [IC 1810.5, 1810.6], to qualify for which the applicant must take 12 hours of classroom education in pertinent subjects [IC 1810.7(a)]
Complete at least six hours annually of continuing classroom education on pertinent subjects prior to renewal of license [IC 1810.7(a)]
Pay applicable license fees [IC 1811(a)]
File annual notices and applications to keep licenses in force and payment of fees by May 1 st annually [IC 1808]
The regulatory body is the Insurance Department.
Bounty Hunter Provisions
In September 1999, California enacted a law (A 243) regulating bounty hunters, termed "bail fugitive recovery persons" in the statute. This law added section 1299 to the California Penal Code. A bail fugitive recovery person is defined as one who has "written authorization" by a bail agent, surety, etc., (under PC 1300 and 1301) and is contracted to investigate, surveil, locate, and arrest a bail fugitive for surrender to appropriate authorities, or any person employed to assist in the arrest of such a fugitive.
Licensing Requirements. [PC 1299.04(a)(1)-(5)]:
Be at least 18 years of age.
Complete a 40-hour power of arrest course certified by the Commission
Complete a minimum of 12 hours of classroom education certified pursuant to Section 1810.7 of the Insurance Code.
Complete a course of training in the exercise of the power to arrest offered pursuant to Section 7583.7 of the Business and Professions Code.
Have no felony convictions.
Carry certificates of completion of the above requirements with him or her at all times in the course of performing his or her duties under this article.
Before apprehending a bail fugitive, an individual authorized by PC 1299.02 to apprehend a bail fugitive shall have in his or her possession proper documentation of authority to apprehend as prescribed in PC Sections 1300 and 1301. The authority to apprehend document shall include all of the following information: the name of the individual authorized to apprehend a fugitive, the address of the principal office of the individual, the name and principal business address of the bail agency, surety company, or other party contracting with the individual.
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