HB 1197 -- Bail Bond Agents

Sponsor:  Behnen

This bill makes several changes to the laws regarding bail bond
agents and establishes a licensing procedure for surety recovery
agents, generally known as bounty hunters.  The bill sets the
requirements for obtaining a license to be a bail bond agent or
surety recovery agent, establishes fees to cover the
administration of the licensing, and grants authority to the
Director of the Department of Insurance to regulate those agents.
The bill:

(1)  Prohibits engaging in the bail bond business without being
licensed by the department.  Violation is a class A misdemeanor,
and any subsequent offense is a class D felony;

(2)  Requires bail bond agents and surety recovery agents to
receive at least 20 hours of basic training and eight hours of
annual continuing education, with a curriculum approved by the
department.  The costs of the training are to be paid by the
applicant, but in no case will be more than $200 for the basic
training and $100 for the annual continuing education.  Persons
with at least two years of peace officer experience are exempt
from training as a surety recovery agent;

(3)  Requires a $100 licensing fee, with licenses valid for two
years;

(4)  Allows the department to demand additional assignment of
assets from a bail bond agent if circumstances warrant, up to
$25,000.  Current law allows up to $10,000 in assignments;

(5)  Requires the collateral demanded by bail bond agents to be
reasonable in relation to the amount of the bond;

(6)  Allows the department to establish reciprocal agreements
with other states which have similar qualifications and training
requirements for bail bond industry licensees;

(7)  Prohibits the granting of a bail bond agent license or
surety recovery agent license to anyone who, within the last 15
years, has been convicted of a felony, a crime involving moral
turpitude, child molestation, or any crime involving the use of a
weapon;

(8)  Grants the department authority to issue cease and desist
orders to any person violating any of the provisions of the bill;

(9)  Grants the department subpoena power to compel testimony
regarding possible violations;

(10)  Allows surety recovery agents to apprehend defendants
anywhere in the state without liability for false imprisonment.
However, any agent who wrongfully causes damage to any person or
property, including assault, will be liable for damages and may
be liable for punitive damages;

(11)  Allows a defendant to appear in court via counsel, rather
than in person, without bond being forfeited;

(12)  Allows the bail bond agent to be released from liability
upon providing proof to the court that it is physically
impossible to deliver the defendant, through no fault of the bail
bond agent; and

(13)  Allows the court to suspend the driver's license of any
defendant who has forfeited his or her bond.

Missouri House of Representatives
92nd General Assembly, 2nd Regular Session
Last Updated September 23, 2004 at 11:14 am