Bail bondsmen crossed line...........

Correction, I meant 2nd party residences.

For us CA people and those that are interested;

The latest amended version of the hopefully revised PC 1299 is attached. It does allow for entrance into 3rd party houses, without the restrictions of CA Penal Code section 844.

I don't know if this will pass the complete legislator in wake of this recent incident.

AMENDED IN ASSEMBLY APRIL 4, 2011
AMENDED IN ASSEMBLY MARCH 15, 2011
california legislature—2011–12 regular session
ASSEMBLY BILL No. 379
Introduced by Assembly Member Hagman
February 14, 2011
An act to add Article 5.5 (commencing with Section 1299) to Chapter
1 of Title 10 of Part 2 of the Penal Code, relating to bail.
legislative counsel’s digest

Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:

SECTION 1. Article 5.5 (commencing with Section 1299) is
added to Chapter 1 of Title 10 of Part 2 of the Penal Code, to read:
Article 5.5. Bail Fugitive Recovery Persons Act
1299. This article shall be known as the Bail Fugitive Recovery
Persons Act.
1299.01. For purposes of this article, the following terms shall
have the following meanings:
(a) “Bail” means a person licensed by the Department of
Insurance pursuant to Section 1800 of the Insurance Code.
(b) “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
reincarceration are permitted.

(c) “Bail fugitive recovery person” means a person who is
provided written authorization pursuant to Sections 1300 and 1301
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.
(d) “Depositor of bail” means a person or entity who has
deposited money or bonds to secure the release of a person charged
with a crime or offense.
(e) “Out-of-state bail agent” means a person licensed in another
state pursuant to the laws of that state, to arrest a bail fugitive.
1299.02. (a) No person, other than a certified law enforcement
officer, shall be authorized to apprehend, detain, or arrest a bail
fugitive unless that person meets one of the following conditions:
(1) Is a bail as defined in subdivision (a) of Section 1299.01 or
a depositor of bail as defined in subdivision (d) of Section 1299.01.
(2) Is a bail fugitive recovery person as defined in subdivision
(c) of Section 1299.01.
(3) Is an out-of-state bail agent as defined in subdivision (e) of
Section 1299.01.
(3)
(4) Is licensed as a private investigator as provided in Chapter
11.3 (commencing with Section 7512) of Division 3 of the Business
and Professions Code.
(b) This article shall not prohibit an arrest pursuant to Sections
837, 838, and 839.
1299.04. (a) A bail fugitive recovery person, a bail agent, bail
permittee, or bail solicitor who contracts his or her services to
another bail agent or surety as a bail fugitive recovery person for
the purposes specified in subdivision (c) of Section 1299.01, and
any bail agent, bail permittee, or bail solicitor who obtains licensing
after January 1, 2000, and who engages in the arrest of a defendant
pursuant to Section 1301 shall comply with the following
requirements:
(1) The person shall be at least 21 18 years of age.
(2) The person shall have completed a 40-hour power of arrest
course certified by the Commission on Peace Officer Standards
and Training pursuant to Section 832. Completion of the course
shall be for educational purposes only and not intended to confer
the power of arrest of a peace officer or public officer, or agent of
any federal, state, or local government, unless the person is so
employed by a governmental agency.
(3) The person shall have completed a minimum of 12 hours of
classroom education certified pursuant to Section 1810.7 of the
Insurance Code.
(4) The person shall not have been convicted of a felony.
(b) Upon completion of any course or training program required
by this section, an individual authorized by Section 1299.02 to
apprehend a bail fugitive shall carry certificates of completion
with him or her at all times in the course of performing his or her
duties under this article.
1299.05. In performing a bail fugitive apprehension, an
individual authorized by Section 1299.02 to apprehend a bail
fugitive shall comply with all laws applicable to that apprehension.
1299.06. Before apprehending a bail fugitive, an individual
authorized by Section 1299.02 to apprehend a bail fugitive shall
have in his or her possession proper documentation of authority
to apprehend issued by the bail or depositor of bail as prescribed
in Sections 1300 and 1301. The authority to apprehend document
shall include all of the following information: the name of the
individual authorized by Section 1299.02 to apprehend a bail
fugitive and any fictitious name, if applicable; the address of the
principal office of the individual authorized by Section 1299.02
to apprehend a bail fugitive; and the name and principal business
address of the bail agency, surety company, or other party
contracting with the individual authorized by Section 1299.02 to
apprehend a bail fugitive.
1299.07. (a) An individual authorized by Section 1299.02 to
apprehend a bail fugitive shall not represent himself or herself in
any manner as being a sworn law enforcement officer.
(b) An individual authorized by Section 1299.02 to apprehend
a bail fugitive shall not wear any uniform that represents himself
or herself as belonging to any part or department of a federal, state,
or local government. Any uniform shall not display the words
United States, Bureau, Task Force, Federal, or other substantially
similar words that a reasonable person may mistake for a
government agency.

(c) An individual authorized by Section 1299.02 to apprehend
a bail fugitive shall not wear or otherwise use a badge that
represents himself or herself as belonging to any part or department
of the federal, state, or local government.
(d) An individual authorized by Section 1299.02 to apprehend
a bail fugitive shall not use a fictitious name that represents himself
or herself as belonging to any federal, state, or local government.
(e) Notwithstanding subdivisions (a) to (d), inclusive, or any
other provision of law, an individual authorized by Section 1299.02
to apprehend a bail fugitive may wear a uniform, badge, jacket,
or other clothing that displays the words “bail enforcement agent,”
“bail recovery agent,” “bail fugitive recovery,” or “bail fugitive
recovery person.”
1299.08. (a) Except under exigent circumstances, an individual
authorized by Section 1299.02 to apprehend a bail fugitive shall,
prior to and no more than six hours before attempting to apprehend
the bail fugitive, notify the local police department or sheriff’s
department of the intent to apprehend a bail fugitive in that
jurisdiction by doing all of the following:
(1) Indicating the name of an individual authorized by Section
1299.02 to apprehend a bail fugitive entering the jurisdiction.
(2) Stating the approximate time an individual authorized by
Section 1299.02 to apprehend a bail fugitive will be entering the
jurisdiction and the approximate length of the stay.
(3) Stating the name and approximate location of the bail
fugitive.
(b) If an exigent circumstance does arise and prior notification
is not given as provided in subdivision (a), an individual authorized
by Section 1299.02 to apprehend a bail fugitive shall notify the
local police department or sheriff’s department immediately after
the apprehension, and upon request of the local jurisdiction, shall
submit a detailed explanation of those exigent circumstances within
three working days after the apprehension is made.
(c) This section shall not preclude an individual authorized by
Section 1299.02 to apprehend a bail fugitive from making or
attempting to make a lawful arrest of a bail fugitive on bond
pursuant to Section 1300 or 1301. The fact that a bench warrant
is not located or entered into a warrant depository or system shall
not affect a lawful arrest of the bail fugitive.

(d) For the purposes of this section, notice may be provided to
a local law enforcement agency by telephone prior to the arrest
or, after the arrest has taken place, if exigent circumstances exist.
In that case the name or operator number of the employee receiving
the notice information shall be obtained and retained by the bail,
depositor of bail, or bail fugitive recovery person.
1299.09. An individual authorized by Section 1299.02 to
apprehend a bail fugitive may arrest that fugitive at any time or
place and may enter into the residence of the fugitive or the
residence of a third party provided that there is probable cause to
believe that the fugitive is present in the residence.
1299.10. An individual authorized by Section 1299.02 to
apprehend a bail fugitive shall not carry a firearm or other weapon
unless in compliance with the laws of the state.
1299.11. Any person who violates this act, or who conspires
with another person to violate this act, or who hires an individual
to apprehend a bail fugitive, knowing that the individual is not
authorized by Section 1299.02 to apprehend a bail fugitive, is
guilty of a misdemeanor punishable by a fine of five thousand
dollars ($5,000) or by imprisonment in the county jail not to exceed
one year, or by both that imprisonment and fine.
1299.12. Nothing in this article is intended to exempt from
licensure persons otherwise required to be licensed as private
investigators pursuant to Chapter 11.3 (commencing with Section
7512) of Division 3 of the Business and Professions Code.
SEC. 2.

When reading the first part of this story I jumped to the conclusion that we had another couple of (for lack of a better word) idiots in our industry.Now that assumption was taken from only the first few sentences.when reading further into the story I realised that just like every other story like this there are two sides.This mayor,I would presume is fairly knowledgeable of the law and more than likely can minipulate it fairly well using her position as an advantage.I am not saying that what these agents did was justified in anyway but there is a possibility that this mayor was in the wrong and it is very possible she will get away with lying to save face.

on the other hand the agents could very well be completely in the wrong and the LEO was correct to a certain extent when talking about being in the "manhunt mode" there is a difference but there should be no way to let something as important to slip your mind.there were things these agents could have definately done differently,especially in thier situation but again I was not there and that is what it boils down to usually.Your word against thiers so the constant need to remember liability should ALWAYS be on an agents mind.Being that this incident was with a mayor,I do not see a favorable outcome for these agents whether they were wrong or not.I believe in protecting yourself from serious bodily harm but I also believe in not putting myself in that position in the first place if at all possible.

Here in Tn. as long as we physically see our defendant enter the residence,we can enter.Do we? usually not without LE and basically that is for liability issues as well as some people just respond better to a police uniform.We have on numerous occasions called LE to assist us in situations similar to this,meaning 3rd or even 2nd party residences.LE will not search the home with us,usually they will not even enter the home even if we do have a warrant.I believe that is thier own form of liability issues.

So here is my take and what I would have done in this situation.....keeping in mind that this is a mayor and although that should not matter we all know differently.
1.notify local LE that we were in the area watching a specific home
2.physically witness defendant enter the home.
3.call local LE stating our intention to make contact and request thier assistance
4.allow local LE to make contact with home owner and notify them of our observation.

If the local LE and myself are denied entry than I guess it is time for the waiting game!! they will come out eventually,hopefully sooner rather than later.one other thing,I would personally see to it that any wounds that were inflicted were tended to by calling an ambulance if need be.Liability and all and that is IF it had gotten that far in the first place.
Just my arm chair play though as I see it.

_________________
Jay Crawford
Eagle Eye Fugitive Recovery
"based out of Bethpage Tn."
Cell:(931)551-5020

In CA, many LEOs will "standby" when called for a bail skip with a warrant. Unfortunately, most do not know about "pre forfeiture" surrenders and will not assist on those.

Either way, it would have been prudent for the bail agents to contact LE and let them know who, what, why and where regarding this surrender.

It is important to remember that the defendant had not FTA'ed yet. So, the family could not be charged with harboring and legally had no obligation under the law, to turn her over.

Now the cosinger is bound contractually to help the bail agents if and once they notified them of her breach of contract. But the only remedy the bail agents would have against the co singer would be in civil court.

_________________
Heritage and Profession Together

J.G. Marshall
MARSHALL FUGITIVE SERVICE
Lic. # 2008-392
Moderator


Its the Irish in my mind that keeps me sane,
and the Irish in my heart that keeps me strong.

It seems like bondmen in this area of CA are having problems lately. This is just up the road a bit from the where the other guys "kicked in" the mayor's door.

Bail Bondsman Shoots Himself In Leg While Planning A Fugutive's Capture

The incident was reported at 5:55 p.m. Tuesday in a parking lot at the southwest corner of Canyon Hills Road.

By Toni McAllister

A bail bondsman who was trying to capture a fugitive Tuesday evening shot himself in the leg instead.

The incident was reported at 5:55 p.m. Tuesday in a parking lot at the southwest corner of Canyon Hills Road in Lake Elsinore.

According to a Lake Elsinore Police Department report, two bail bondsmen were checking a gun as they prepared to nab a fugitive.

“One of the agents was checking his weapon and saw that it was possibly jammed. He attempted to clear the malfunction and in doing so the weapon fired, sending a round into his left leg,” the police report stated.

The bullet went straight through the man’s leg, causing a superficial wound, according to the report.

The agents went directly to Menifee Valley Hospital to seek treatment.

The injured agent was with Fugitive Recovery International out of Riverside, the report stated.

Even tho I am in Riverside, I dont know them and have never heard of them.. "just saying"....

Bondsman cleared in this case.

http://www.pe.com/local-news/riverside- ... ndsmen.ece

1) Why didn't they notify LE of their intentions ?

2) Why didn't they simply wait until she physically exited the house to re-apprehend her ?

_________________
River City Associates
Decatur, Al. 35601

AWESOME NEWS !
Thanks for the UpDate Tony ! Always good to know the conclusions of the 'News" that we post here . . . . Think it will set precedent ?

_________________


Do not consider anything for your interest which makes you break your word, quit your modesty, or inclines you to any practice which will not bear the light, or look the world in the face .... Marcus Antonius

I AM Some Folks "KARMA" and A MODERATOR @ FRN