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I hope that the following turns out to be true. But it seems that because of Duane "DOG" Chapman's anticts Hawaii has enacted new legislation that will put him out of work as a self proclaimed Bounty Hunter in that sate and they directly relate this new law to him! Pay close attention to 804(C)-3 and 803(E)-1
To bad this don't take effect until 1-Jan-2007!
=======REPOSTED FROM ANOTHER FORUMS=====
READ CAREFULLY YOU WILL SEE HOW THEY SPECIFICALLY MENTION TV SHOWS AND OTHER DOG ITEMS AND TATICS... but that is not the way true professionals act.
It is just too bad that tthe US GOVERNMENT WILL NOT SEND THE CLAN
BACK TO MEXICO TO ADDRESS THIER WARRANT AND FLIGHT TO AVOID
PROSECUTION THERE? That would solve most of the problems real fast.
Subject: HB-3014 In it's Entirety
Report Title:
Bail; Apprehension of Fugitives; Surrender
Description:
Regulates persons who apprehend bail fugitives. Establishes
qualifications. Establishes requirements and prohibits certain
practices for fugitive apprehension. Establishes penalty for
violations. Permits surrender of a defendant by a bail bond agent
only if the defendant has violated a condition of the bond.
HOUSE OF REPRESENTATIVES
H.B. NO.
3014
TWENTY-THIRD LEGISLATURE, 2006
STATE OF HAWAII
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A BILL FOR AN ACT
RELATING TO BAIL.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that bail and bail agents play an
extraordinarily valuable service to law enforcement and accused
persons alike. The bail clause of the eighth amendment to the United
States Constitution embodies the long-standing Anglo-American
tradition that favors pretrial release of accused persons. Pretrial
release on bail frees up crowed jail space and permits defendants to
participate more fully in their defense. Bail agents, backed by
surety insurance companies, make possible the pretrial release of
more than two million defendants annually, at no expense to the
taxpayers, by providing assurances that people charged with crimes
will appear as scheduled to answer those charges.
The legislature also finds that persons authorized to apprehend bail
fugitives have very broad common law powers to arrest a person,
including the use of force, breaking and entering, imprisoning a
person, and transporting prisoners against their will over state
lines, to name a few. For example, in Hawaii today, a group of
career criminals hired by a bail bond agent anywhere in the United
States could legally break down the door of any home in Hawaii,
storm in, and terrorize the occupants. This abuse of power happens
across the country every year and, while it might make for
commercially successful television entertainment, it has no place in
the orderly administration of our bail laws. To protect against
these abuses, many states have enacted laws regulating the conduct
of persons who apprehend bail fugitives. Four states have banned the
practice outright, twelve others require licenses, and others
restrict certain types of conduct.
The purpose of this Act is to regulate, like the majority of states,
the conduct of persons who apprehend bail fugitives.
SECTION 2. Chapter 804, Hawaii Revised Statutes, is amended by
adding a new part to be appropriately designated and to read as
follows:
"PART . BAIL FUGITIVE APPREHENSION
§804-A Definitions. As used in this part, unless a different meaning
is required:
"Bail agent" or "bail bond agent" means a person who holds a
certificate of completion pursuant to section 804-C, including one
who represents a surety who provides bail bond insurance as defined
by section 431:1-210.
"Bail fugitive" means a defendant in a pending criminal case who has
been released from custody under a financially secured appearance,
cash, or other bond and has had that bond declared forfeited, or a
defendant in a pending criminal case who has violated a bond
condition whereby apprehension and re-incarceration are permitted.
"Depositor of bail" means a person or entity that has deposited
money or bonds to secure the release of a person charged with a
crime or offense.
"Person authorized to apprehend a bail fugitive" means a person who
is provided written authorization by the bail or depositor of bail,
and is contracted to investigate, surveil, locate, and arrest a bail
fugitive for surrender to the appropriate court, jail, or police
department, and any person who is employed to assist a bail or
depositor of bail to investigate, surveil, locate, and arrest a bail
fugitive for surrender to the appropriate court, jail, or police
department.
§804-B Bail fugitive; authority to apprehend. (a) No person, other
than a law enforcement officer, shall be authorized to apprehend,
detain, or arrest a bail fugitive unless that person meets one of
the following conditions:
(1) The person is a:
(A) Bail fugitive recovery person; or
(B) Depositor of bail;
(2) Holds a certificate of completion issued pursuant to section 804-
C; or
(3) Is licensed as a private investigator in this State.
(b) This part shall not prohibit an arrest pursuant to section 804-C.
§804-C Bail fugitive apprehension; qualifications. (a) A person
authorized by section 804-B to apprehend a bail fugitive who engages
in the arrest of a defendant shall comply with the following
requirements:
(1) Be at least twenty-one years of age;
(2) Pass a written examination administered by the State;
(3) Not have been convicted of a felony or aggravated misdemeanor;
(4) Not have been convicted of any offense in which a dangerous
weapon was used;
(5) Submit to fingerprinting and background check; and
(6) Comply with all laws while apprehending a bail fugitive.
(b) Upon completion of any examination or training program required
by this section, a person authorized by section 804-B to apprehend a
bail fugitive shall carry certificates of completion with the person
at all times in the course of performing the person's duties under
this part.
§804-D Bail fugitive apprehension; documentation required. Before
apprehending a bail fugitive, a person authorized by section 804-C
to apprehend a bail fugitive shall have in the person's possession
proper documentation of authority to apprehend issued by the bail
agent or depositor of bail. The document conferring authority to
apprehend the bail fugitive shall include the following:
(1) The name of the individual authorized by section 804-B to
apprehend a bail fugitive and any fictitious name, if applicable;
(2) The address of the principal office of the individual authorized
by section 804-B to apprehend a bail fugitive; and
(3) The name and principal business address of the bail agency,
surety company, or other party contracting with the person
authorized by section 804-B to apprehend a bail fugitive.
§804-E Bail fugitive apprehension; prohibited acts. A person
authorized by section 804-B to apprehend a bail fugitive shall not:
(1) Represent the person in any manner as being a sworn law
enforcement officer or wear a badge or uniform that a reasonable
person might are those of a government agency;
(2) Represent that documentation of authority to apprehend issued by
the bail agent or depositor of bail is an arrest or search warrant
or other document that a reasonable person might believe was issued
by a government entity; or
(3) Enter an occupied residential structure without the consent of
the occupants who are present at the time of the entry.
§804-F Bail fugitive apprehension; notice to police. An individual
authorized by section 804-B to apprehend a bail fugitive, prior to
but not more than three hours before attempting to apprehend the
bail fugitive, shall notify the county police department of the
intent to apprehend a bail fugitive in that jurisdiction by:
(1) Indicating the name of an individual authorized to apprehend a
bail fugitive in the jurisdiction; and
(2) Stating the name and approximate location of the bail fugitive.
For the purposes of this section, notice may be provided to a police
department by telephone prior to the arrest.
§804-G Penalty. Any person who violates sections 804-B to 804-F, or
who conspires with another person to violate those sections, or who
hires an individual to apprehend a bail fugitive, knowing that the
individual is not authorized by section 804-B to apprehend a bail
fugitive, shall be guilty of a misdemeanor.
§804-H Administration. This part shall be administered by the
attorney general. The attorney general may adopt rules under chapter
91 to implement this part."
SECTION 3. Section 804-14, Hawaii Revised Statutes, is amended to
read as follows:
"§804-14 Discharge of sureties. Those who may have become bail for
anyone, may [at any time] discharge themselves, by surrendering
[him] the defendant to the custody of any [sheriff or] chief of
police [or his], the chief's authorized subordinate[.], or a public
safety officer vested with arrest powers pursuant to section 353C-4
(a) only after a breach of one or more conditions of the bond."
SECTION 4. Section 804-41, Hawaii Revised Statutes, is amended to
read as follows:
"§804-41 Discharge of surety. [At any time before the breach of the
condition of the bond, the] A surety may discharge oneself by
surrendering the principal into the hands of any [sheriff or the]
chief of police [or the sheriff's or], the chief's authorized
subordinate[.], or a public safety officer vested with arrest powers
pursuant to section 353C-4(a) only after a breach of one or more
conditions of the bond."
SECTION 5. If any provision of this Act, or the application thereof
to any person or circumstance is held invalid, the invalidity does
not affect other provisions or applications of the Act, which can be
given effect without the invalid provision or application, and to
this end the provisions of this Act are severable.
SECTION 6. This Act does not affect rights and duties that matured,
penalties that were incurred, and proceedings that were begun,
before its effective date.
SECTION 7. In codifying the new sections added by section 2 of this
Act, the revisor of statutes shall substitute appropriate section
numbers for the letters used in designating the new sections in this
Act.
SECTION 8. Statutory material to be repealed is bracketed and
stricken. New statutory material is underscored.
SECTION 9. This Act shall take effect on January 1, 2007.
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