New PA Bail Enforcement Agent Law!!!!

Friends,

I found this tasty bit of info on the PA Legislature site. If you follow the link, you will find that agents that are PA residents will now need to be officially licenced through thier local county, as well as have completed the PA Lethal Weapons course. PA will reciprocate licensure with other states as long as..(and this is where it gets tricky!)..the reciprocating states has a SIMILAR licensure program. This legislation is dated 2/8/2005, and takes effect in 120 days. I hope this helps.


here is the link...http://www.legis.state.pa.us/2005%5F0/sb0215p0207.htm

This law has not been passed yet, it still has to pass the judiciary, go through review and be voted on again before being sent to the governor, and it would then go into effect 120 days after the governor signs it.

Licensing requirements are definetly on the way here in PA, we are in support of licensing requirements however we feel the current bill needs to be amended in the following ways.

1. Having the courts appoint Enforcement Agents could be construed as quasi law enforcement and could limit our abilities as private parties enforcing private contracts because we may be considered to be acting under color of State instead of Color of contract, therefore we believe that Enforcement Agents should be licensed or Registered with the State not appointed by the Court.

2. The Act 235 Lethal Weapons Training / Certification is designed for Security Personnel and does not provide any training in Bail Fugitive Recovery, also many Enforcement Agents only use Less than Lethal Weapons so Lethal Weapons training would not benefit them.

3. Part of the Act 235 Certification requires a criminal background investigation, if the Act 235 requirement was replaced by a Bail Enforcement Training Requirement the applicant could obtain a criminal history report from the State Police and submit that with his application.

4. Most States exempt Bondsmen from further licensing requirements since they are already licensed and have gone through a Background investigation, therefore any New Law should specifically state that Licensed Bail Bondsmen are exempt from any further licensing requirements.

If BEAs are run through the courts, which is contrary to a truck load of case law, then BEAs in PA could be subjected to litigation pursuant to USC 1983, and that could be bad.

Rex

Rex, How very true in regards to the USC 1983. I am surprised that no-one else has taken that into consideration. Of course it might bring some in line.

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