Print Friendly SENATE BILL NO. 1488 – Recovery agnt/arrest defendnt/licns
SENATE BILL NO. 1488
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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
|||| 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
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.
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
STATEMENT OF PURPOSE/ FISCAL NOTE