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Kentucky
https://fugitiverecovery.com/forum/viewtopic.php?f=13&t=842		 Page 1 of 4
Author:  Steve_Hedrick [ Tue 14 Jun 2005 14:45 ]
Post subject:  Kentucky
I am a member of so many different BEA boards here on the Net, I forgot where I read that bail enforcement was now legal in Kentucky. I read where someone posted that KY changed their law and that out of state recovery agents could pay something like $20 for a 30 day permit.

Kentucky has always been a "No Hunt" state and I found it hard to believe that KY would change their state laws, to allow out of state recovery agents to enter. I researched KY state laws and found no change. I called the KY state police and they laughed at me. I forget what board this was on, but I posted back the laws in KY had not changed and it was still illegal for us to enter and make a re-arrest. I was called a liar and did not know what I was talking about.

Well, I guess I was right after all. Here are 2 links to a news article, where 2 recovery agents from Tennessee who have been arrested in KY.

http://www.lex18.com/Global/story.asp?S ... v=EQlpb0cc
NBC Channel 18 News - Middlesboro, KY

http://www.middlesborodailynews.com/art ... arrest.txt
Middlesboro Daily News
Author:  EliteBailBoyz [ Tue 14 Jun 2005 16:01 ]
Post subject: 
I am not saying that it is legal or illegal to work in KY, however the guys in the articles were not arrested because they were bondsmen or BEA.
They were arrested because they claimed they were from the sheriffs department!

Impersonating a peace officer is illegal in every state!


With regulations, I think every state should allow BEA's
Author:  KARMA [ Tue 14 Jun 2005 17:14 ]
Post subject: 
You may want to educate the folks that you spkoe with (with a smile of course) in Kentucky on their laws.
I personally spoke with a Prosecutor there last Spring and once he was made aware he asked if there was anything else that he needed to update on.
www.rc.ky.gov/recarch/00rs/HB846/bill.doc
enter as above and print out
Though "Bail Bonding" and all it's trappings was offically outlawed in 1960 the Bill was amended in 1976 and again in 1978 to allow for out of state Bail Bond Companies to come and get a warrant issued - just like Texas. Then in 2000 it was amended once again allowing for a little more access to the thugs that go there to hide.
Good Hunting.
Author:  ChuckJ [ Tue 14 Jun 2005 17:30 ]
Post subject:  Kentucky
Luvonda

I thought the amendement passed in KY until my people went to Casey County a few months ago to do a recovery and were advised that the amendement that was introduced did not pass, the link you provided only shows what was introduced / enacted not something that actually passed or went into effect.
Author:  KARMA [ Tue 14 Jun 2005 18:11 ]
Post subject: 
HB 846

Abstract: 00 RS BR 2296-1. AN ACT relating to bounty hunters. Be it enacted by the General Assembly of the Commonwealth of Kentucky: SECTION 1. A NEW SECTION OF KRS CHAPTER 440 IS CREATED TO READ AS FOLLOWS: 1) As used in this section, "bounty hunter" means any person whose services or actions performed are for the purpose of
http://lrc.ky.gov/recarch/00rs/hb846/bill.doc

ENACT: TO MAKE (E.G. A LEGISLATIVE BILL) INTO LAW
Author:  ChuckJ [ Tue 14 Jun 2005 19:32 ]
Post subject:  Kentucky
I don't know what's going on but according to the Sheriff and County Attorney in Casey County Kentucky that amendement / law never went into effect.
Author:  Steve_Hedrick [ Tue 14 Jun 2005 19:59 ]
Post subject: 
LuVonda

First, AN ACT does not mean ENACTED into law.

Second, HB846 never made it out of committee and died there.

You can research all KY laws (pending and passed) by doing a keyword search: ky statues. Make sure you pay close attention to KRS 440 and 431.

I'm sure everyone here has the link to Ranger Bail's website, where they list the No Hunt states. In case you do not, here it is:

http://www.rangerbail.com/BailLaws/BountyHunter.html

I can also see from your posting, you are confused about current Texas state law. I would suggest you review TX Code of Criminal Procedures #23.05 and TX Occupational Code #1702.3867
Author:  HoundDog [ Wed 15 Jun 2005 09:51 ]
Post subject: 
With regards to Texas, If you come from another State to pick up a skip you must first take them to the nearest Judge or Magistrate before proceeding to your intended location. This is the agreement Texas has under the UCEA. However if you are from Texas then this does not apply to you.
Author:  thebishopp [ Wed 15 Jun 2005 10:03 ]
Post subject: 
I was a former law enforcement officer in Kentucky and I can say from personal experience they are extremely notorious for not knowing the laws they enforce. An example of this is that both the local and state police would not even acknowledge the passage of the federal bill allowing all off duty and retired officers to carry nationwide with appropriate qualifications. I know personally that they have attempted to say that no such legislation was passed and have told both off-duty and retired officers from other states that they were not allowed to carry. Ridiculous.

Kentucky Revised Statutes 440.270 and 440.280 support out of state recoveries as long as proper proceedures are followed.
Author:  thebishopp [ Wed 15 Jun 2005 10:31 ]
Post subject: 
Further thinking from a former KY Officer

"When bail is given, the principal is regarded as delivered to the custody of his sureties. Their dominion is a continuance of the original imprisonment. Whenever they choose to do so, they may seize him and deliver him up in their discharge, and if that cannot be done at once, they may imprison him until it can be done. They may exercise their rights in person or by agent. They may pursue him into another state; may arrest him on the Sabbath; and if necessary, may break and enter his house for that purpose.The seizure is not made by virtue of new process. None is needed. It is likened to the rearrest, by the sheriff, of an escaping prisoner."

see that last line of the prevailing US Supreme Court opinion?

Funny thing is Kentucky Revised Statute 431.055 states "If a person lawfuly arrested escapes or is rescued, the person from whose custody he excaped or was rescued may immediately pursue and retake him in any part of the Commonwealth and may be joined in the pursuit and recapture by peace officers in the immediate area or vicinity."

One must also make note of the supreme courts use of the term "custody" and read KRS 440.490 which states "An escape from custody in another state while in custody in another state pursuant to the agreement on detainers shall be deemed, for all purposes, as an escape from confinement in this state and may be punished as provided by KRS 520.020 to 520.040 and 506.010, or other provision of law, as applicable."

Based on the afore mentioned KRS and Supreme Court Rulling not to mention a few other Kentucky Revised Statutes anybody preventing what "... is likened to the rearrest, by the sheriff, of an escaping prisoner"
is thus guilty of KRS 440.050 which states "any person who aids a prisoner to escape, or knowingly concelas him after he escapes, or in any way hinders or prevents his capture shall be liable to the party aggrieved for any damages sustained"

KRS 440.040 applies to liabilities of Officers for permitting escape of prisoner is custody "any officer and his sureties shall be liable, in any action upon his official bond, for the use of the parties aggrieved, in any damages resulting from his voluntarily or negligently permitting the excape of a prisoner in custody. No judgement in such action shall be given unless the jury, by its verdict, finds 'that the escape was with the consent of the officer, or by his negligence, or that the prisoner might have been retaken if the officer had, in good fatih, made proper efforts to do so".

Note the use of the word "or".

Too bad we don't have any lawyers willing to make an issue out of it in Kentucky.

Oh yes, if anyone knows those two bounties and if they did not actually impersonate law enfocement officers (we all know crooks lie) then perhaps you should pass on this info to them. Their attorney, if he's smart, will find this info valuable.
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