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SENATE BILL NO. 1488

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Daily Data Tracking History

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S1488................................................by JUDICIARY AND RULES
RECOVERY AGENT - Amends and adds to existing law to specify those persons
who may arrest a criminal defendant to be surrendered for court proceedings
pursuant to authority endorsed by the bail on a power of attorney of the
undertaking on file with the court and to specify the contents of the power
of attorney; and to provide for issuance of a license to be a recovery
agent by the director of the Department of Insurance.

02/16    Senate intro - 1st rdg - to printing
02/17    Rpt prt - to Jud

Bill Text

S1488


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998
                                                                        

                                      IN THE SENATE

                                   SENATE BILL NO. 1488

                             BY JUDICIARY AND RULES COMMITTEE

 1                                        AN ACT
 2    RELATING TO BAIL; AMENDING SECTION 19-2925, IDAHO CODE, TO SPECIFY THOSE  PER-
 3        SONS  WHO MAY ARREST A CRIMINAL DEFENDANT TO BE SURRENDERED FOR COURT PRO-
 4        CEEDINGS PURSUANT TO AUTHORITY ENDORSED BY THE BAIL ON A POWER OF ATTORNEY
 5        OF THE UNDERTAKING ON FILE WITH THE COURT AND TO SPECIFY THE  CONTENTS  OF
 6        THE  POWER  OF ATTORNEY; AND AMENDING CHAPTER 29, TITLE 19, IDAHO CODE, BY
 7        THE ADDITION OF A NEW SECTION 19-2925A, IDAHO CODE, TO PROVIDE  FOR  ISSU-
 8        ANCE OF A LICENSE TO BE A RECOVERY AGENT BY THE DIRECTOR OF THE DEPARTMENT
 9        OF INSURANCE.

10    Be It Enacted by the Legislature of the State of Idaho:

11        SECTION  1.  That  Section 19-2925, Idaho Code, be, and the same is hereby
12    amended to read as follows:

13        19-2925.  ARREST OF DEFENDANT FOR SURRENDER. For the purpose of surrender-
14    ing the defendant, the bail, at any time before  they  are    
15    the defendant is  finally discharged, and at any place within the state,
16    may  themselves  arrest    him   the defendant , or by a
17    written authority endorsed on a  certified  copy of the  power
18    of attorney of the  undertaking  on file with the court,  certified
19    by  the  bail  agent to be a true and correct copy thereof , may empower
20    any  person of suitable age and discretion      licensed  bail
21    agent,  peace  officer,  licensed  private  investigator, or licensed recovery
22    agent  to do so.   The power of attorney must contain the  name  of
23    the  defendant,  date  the  bond was executed, the case number and court, bond
24    amount, and name of the posting bail agent. 

25        SECTION 2.  That Chapter 29, Title 19, Idaho Code, be,  and  the  same  is
26    hereby  amended  by  the addition thereto of a  NEW SECTION , to be
27    known and designated as Section 19-2925A, Idaho Code, and to read as follows:

28        19-2925A.  LICENSED RECOVERY AGENT. The  director  of  the  department  of
29    insurance  shall issue, upon application, to any person meeting the qualifica-
30    tions of section 41-1034, Idaho Code, a license to be a recovery agent  autho-
31    rized  to  perform  the  arrest  of  a  defendant  on bail pursuant to section
32    19-2925, Idaho Code.

Statement of Purpose / Fiscal Impact

    





                            STATEMENT OF PURPOSE
    
                                  RS 07824
    
    This bill creates licensure for "recovery agents" under the Department of Insurance which already 
    regulates criminal case bail bond licensing. Under companion legislation, a licensed recovery agent would 
    be authorized to arrest a criminal defendant who is at liberty on bond with a criminal case pending 
    against them but who has failed to appear or threatens to abscond and to return them to the court, to 
    answer the charges.
    
                                FISCAL NOTE
    
    The Director of the Department of Insurance will supervise the issuance of licenses to 
    authorized recovery agents. It is estimated that no more than two dozen such persons would apply 
    for this authority making the regulatory cost approximately $2,500 per year.
    
    CONTACT: David H. Leroy
             Professional Bail Agents of Idaho
             (208) 342-0000
    
    STATEMENT OF PURPOSE/ FISCAL NOTE 
    
    S1488