New addition to Tn. TCA code regarding recovery

Tenn. Code Ann. § 40-11-318


TENNESSEE CODE ANNOTATED
© 2011 by The State of Tennessee
All rights reserved


*** CURRENT THROUGH THE 2011 REGULAR SESSION ***



Title 40 Criminal Procedure
Chapter 11 Bail
Part 3 Professional Bondsmen


Tenn. Code Ann. § 40-11-318 (2011)

40-11-318. Bounty hunting.

(a) "Bounty hunting" means a person who acts as an agent of a professional bondsman who attempts to or takes into custody a person who has failed to appear in court and whose bond has been forfeited, for a fee, the payment of which is contingent upon the taking of a person into custody and returning the person to the custody of the professional bondsman for whom the bounty hunter works; provided, that "bounty hunting" does not include the taking into custody of a person by a professional bondsman.

(b) No person who has been convicted of a felony shall serve as a bounty hunter in the state of Tennessee. Persons having been convicted of a felony who perform the services of a bounty hunter as defined in this section commit a criminal offense, punishable as a Class A misdemeanor.

(c) Before a bounty hunter takes into custody any person who has failed to appear in court, the bounty hunter shall comply with § 40-11-401, make a good faith effort to verify the person's address, and present to the office of the appropriate law enforcement officer of the political subdivision where the taking will occur:

(1) A certified copy of the underlying criminal process against the defendant;

(2) A certified copy of the bond or capias;

(3) Proper credentials from a professional bondsman in Tennessee or another state verifying that the bounty hunter is an agent of a professional bondsman; and

(4) A pocket card certifying that the bounty hunter has completed the training required by this section or, if the bounty hunter is from a state other than Tennessee, proof that the bounty hunter successfully completed an equivalent amount of training in the bounty hunter's home state within the last year.

(d) Failure to present all of the proper credentials as specified in this section to the office of the appropriate law enforcement officer prior to taking any person into custody shall be punishable as a Class A misdemeanor.

(e) A professional bondsman, who knowingly employs a convicted felon to act as an agent of the bondsman for purposes of taking into custody a person who failed to appear in court, commits a Class A misdemeanor.

(f) Any resident of this state who is a United States citizen and who intends to perform the functions of a bounty hunter as defined in subsection (a), shall submit to a criminal history background check as provided by § 38-6-109 at the sheriff's office at the county of the person's permanent residence. The person requesting the criminal history background check shall be responsible for any fees associated with the background check. The criminal background check shall include fingerprint checks against state and federal criminal records maintained by the Tennessee bureau of investigation (TBI) and the federal bureau of investigation (FBI). The sheriff's office shall maintain files in their respective counties on bounty hunters requesting a criminal history background check. A sheriff may charge a fee of not more than two hundred dollars ($200) for each background check performed pursuant to this subsection (f) and in addition to the background check fees payable to the TBI, the FBI and any designated vendor. If the bounty hunter is from a state other than Tennessee, proof that the bounty hunter has completed an equivalent criminal history background check in the person's home state within the last year shall be provided to the appropriate law enforcement agency of the political subdivision where the taking will occur.

section F is the newest addition and has been active since June 10,2011.There were ALOT of FRA that did not know of this newest addition at TAPBA continuing education class and were in violation.TAPBA has sent out letters to all county Sheriff depts. notifying them of this and who needs to comply.This code only applies to recovery agents that only do recoveries,Bonding agents are not included.
So all my fellow recaovery agents here in TN. get yourself legal because it will be a class a misdemeanor if we are found to not be registered.

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

Didn't you post something that this was gonna pass?

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John Garra
Columbus, GA
646-420-0893

I dont think I did Skippy,but I had a feeling it was coming.
Some of the recovery agents are having a hard time registering though.Just like most other situations we run into with some departments not knowing the laws pertaining to us,this is no different.Some are being turned away due to the Sheriff dept. not being prepared to accomadate us,what I tell them is to get something in writing stating that the Dept. could not accomadate them that way at least it showed that they tried to be in compliance.As I stated TAPBA is notifying all county Sheriff Depts. via letter and hopefully all will be able to accomadate us in the near future.
The only reason this law only applies to Recovery agents that ONLY do recovery work is because bonding agents should already have done this in order to become bonding agents.It is only bringing us up to a point were the bonding agents are in my opinion.

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

Possible other causes for this latest revision/modification:

1) Revenue generating source for the State...it's always about money. Basically a hunting license for $500/year.

2) Attempt to legislate "cowboys"/idiots/felons/etc. out of the industry on a local level.

3) Accountability.

Just my take on it.

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River City Associates
Decatur, Al. 35601