Substitute House Bill No. 6925
Substitute House Bill No. 6925
PUBLIC ACT NO. 97-287
AN ACT CONCERNING BOUNTY HUNTERS.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. (NEW) No person shall, as a surety
on a bond in a criminal proceeding or an agent of
such surety, engage in the business of taking or
attempting to take into custody the principal on
the bond who has failed to appear in court and for
whom a rearrest warrant or a capias has been
issued pursuant to section 54-65a of the general
statutes unless such person is licensed as a
professional bondsman under chapter 533 of the
general statutes, a surety bail bond agent under
chapter 700f of the general statutes or a bail
enforcement agent under sections 2 to 5,
inclusive, of this act.
Sec. 2. (NEW) Any person desiring to engage in
the business of a bail enforcement agent shall
apply to the Commissioner of Public Safety for a
license therefor. Such application shall set forth
under oath the full name, age, date and place of
birth, residence and occupation of the applicant.
It shall also set forth under oath a statement of
whether the applicant has been charged with or
convicted of crime, and such other information,
including fingerprints and photographs, as said
commissioner from time to time may require. Within
five years prior to the date of his application,
the applicant shall have successfully completed a
course in the criminal justice system consisting
of not less than twenty hours of study approved by
the commissioner. No person who has been convicted
of a felony or a crime involving moral turpitude
shall be licensed to do business as a bail
enforcement agent in this state. No person engaged
in law enforcement or vested with police powers
shall be licensed to do business as a bail
enforcement agent.
Sec. 3. (NEW) Upon being satisfied, after
investigation, of the good character, competency
and integrity of the applicant and that the
applicant meets the licensing requirements of
section 2 of this act, the Commissioner of Public
Safety may issue a license to such applicant to do
business in this state as a bail enforcement
agent. The fee for such license shall be one
hundred dollars. Each such license shall be for
such term not exceeding one year as said
commissioner determines.
Sec. 4. (NEW) Each person licensed as a bail
enforcement agent under the provisions of sections
2 to 5, inclusive, of this act may apply for a
renewal of his license upon renewal application
forms provided by the Commissioner of Public
Safety and requiring the disclosure of such
information as said commissioner requires in
determining whether or not such agent's fitness to
continue in such business has changed since the
issuance of any prior license. The fee for renewal
of a bail enforcement agent's license shall be one
hundred dollars.
Sec. 5. (NEW) Any bail enforcement agent's
license may be suspended or revoked by the
Commissioner of Public Safety, provided notice
shall have been given to the licensee to appear
before the commissioner to show cause why the
license should not be suspended or revoked, upon a
finding by the commissioner that: (1) The licensee
has violated any of the terms or provisions of
sections 1 to 10, inclusive, of this act or any of
the regulations adopted hereunder; (2) the
licensee has practiced fraud, deceit or
misrepresentation; (3) the licensee has made a
material misstatement in the application for
issuance or renewal of his license; (4) the
licensee has demonstrated incompetence or
untrustworthiness in the conduct of his business;
(5) the licensee has been convicted of a felony or
other crime affecting his honesty, integrity or
moral fitness. Any party aggrieved by an order of
the commissioner under this section may appeal
therefrom in accordance with the provisions of
section 4-183 of the general statutes, except
venue for such appeal shall be in the judicial
district of Hartford-New Britain.
Sec. 6. (NEW) The Commissioner of Public
Safety shall furnish to all courts and to all
organized police departments in the state, the
names of all persons licensed as professional
bondsmen under chapter 533 of the general statutes
or bail enforcement agents under the provisions of
sections 2 to 5, inclusive, of this act and shall
forthwith notify such courts and all such police
departments of any change in any such bondsman's
or agent's status or of the suspension or
revocation of the license of any such bondsman or
agent to engage in such business.
Sec. 7. (NEW) The Insurance Commissioner shall
furnish to all courts and to all organized police
departments in the state, the names of all persons
licensed as surety bail bond agents under chapter
700f of the general statutes and shall forthwith
notify such courts and all such police departments
of any change in any such agent's status or of the
suspension or revocation of the license of any
such agent to engage in such business.
Sec. 8. (NEW) Prior to taking or attempting to
take into custody the principal on a bond, a
professional bondsman licensed under chapter 533
of the general statutes, a surety bail bond agent
licensed under chapter 700f of the general
statutes or a bail enforcement agent licensed
under sections 2 to 5, inclusive, of this act
shall notify the police department or resident
state trooper for, or state police troop having
jurisdiction over, the municipality in which the
principal is believed to be located of such
bondsman's or agent's intentions.
Sec. 9. (NEW) No professional bondsman
licensed under chapter 533 of the general
statutes, surety bail bond agent licensed under
chapter 700f of the general statutes or bail
enforcement agent licensed under sections 2 to 5,
inclusive, of this act shall wear, carry or
display any uniform, badge, shield or other
insignia or emblems that purport to indicate that
such bondsman or agent is an employee, officer or
agent of the state or any political subdivision of
the state or of the federal government.
Sec. 10. (NEW) (a) No professional bondsman
licensed under chapter 533 of the general
statutes, surety bail bond agent licensed under
chapter 700f of the general statutes or bail
enforcement agent licensed under sections 2 to 5,
inclusive, of this act, shall carry a pistol,
revolver or other firearm while engaging in the
business of a professional bondsman, surety bail
bond agent or bail enforcement agent, as the case
may be, or traveling or from such business unless
he obtains a special permit from the Commissioner
of Public Safety in accordance with the provisions
of subsection (b) of this section. The permit
required under this section shall be in addition
to the permit requirement imposed under section
29-28 of the general statutes.
(b) The Commissioner of Public Safety may
grant to any professional bondsman licensed under
chapter 533 of the general statutes, surety bail
bond agent licensed under chapter 700f of the
general statutes or bail enforcement agent
licensed under sections 2 to 5, inclusive, of this
act, a permit to carry a pistol or revolver or
other firearm while engaging in the business of
professional bondsman, surety bail bond agent or
bail enforcement agent, as the case may be, or
while traveling to or from such business, provided
that such bondsman or agent has proven to the
satisfaction of the commissioner that he has
successfully completed a course, approved by the
commissioner, of training in the safety and use of
firearms. The commissioner shall adopt regulations
in accordance with the provisions of chapter 54 of
the general statutes concerning the approval of
schools, institutions or organizations offering
such courses, requirements for instructors and the
required number of hours and content of such
courses.
(c) Application for such permit shall be made
on forms provided by the commissioner and shall be
accompanied by a thirty-one dollar fee. Such
permit shall expire five years after the date it
becomes effective and may be renewed for
additional five-year periods.
Sec. 11. (NEW) Any person who violates any
provision of sections 1 to 10, inclusive, of this
act shall be fined not more than five thousand
dollars or imprisoned not more than one year or
both.
Sec. 12. (NEW) The Commissioner of Public
Safety shall adopt regulations in accordance with
the provisions of chapter 54 of the general
statutes to carry out the provisions of sections 2
to 5, inclusive, of this act.
Sec. 13. (NEW) Any person other than the
principal on the bond injured in person or
property by the actions of an agent of a surety on
a bond in a criminal proceeding in taking or
attempting to take into custody the principal on
the bond, may bring a civil action for damages in
the Superior Court against such agent and the
court may award such injured person treble
damages, together with costs and a reasonable
attorney's fee.
Sec. 14. Section 54-66a of the general
statutes is repealed and the following is
substituted in lieu thereof:
Any bail bond posted in any criminal
proceeding in this state shall be automatically
terminated and released whenever the defendant:
(1) Is granted accelerated rehabilitation pursuant
to section 54-56e; (2) is granted admission to the
pretrial alcohol education system pursuant to
section 54-56g; (3) is granted admission to the
pretrial family violence education program
pursuant to section 46b-38c; (4) IS GRANTED
ADMISSION TO THE COMMUNITY SERVICE LABOR PROGRAM
PURSUANT TO SECTION 53a-39c; (5) has the complaint
or information filed against him dismissed; [(5)]
(6) is acquitted; or [(6)] (7) is sentenced by the
court.
Sec. 15. Subsection (c) of section 38a-660 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(c) A person shall not in this state solicit
or negotiate in respect to execution or delivery
of an undertaking of bail or bail bond on behalf
of an insurer, or execute or deliver such an
undertaking of bail or bail bond on behalf of an
insurer unless licensed as provided in this
section. ANY PERSON WHO VIOLATES THE PROVISIONS OF
THIS SUBSECTION SHALL BE GUILTY OF A CLASS D
FELONY.
Approved June 26, 1997