Monday, August 18, 2008


SENATE RULES COMMITTEE CALIFORNIA DIGEST : This bill establishes a "Bail Fugitive Recovery Persons Act" regulating bounty hunters and bail licensees, as specified. The California Senate has attempted to put some regultions into the "Bounty Hunters Business", Bounty Hunter Leonard Padilla has opposed it. Bounty Hunter Leonard Padilla has involed himself in the "Missing Caylee Anthony Case" and will keep an eye on Casey Anthony after she bonds out of Jail in Orlando.

BOUNTY HUNTER BREAKS DOWN DOOR AT WRONG HOUSE ...PINE HILLS, Fla. -- A bounty hunter busted a door down with his gun drawn looking a 19-year-old who didn't live there. The woman who was held at gunpoint said the hunt for a fugitive went way too far. The bounty hunter said he was just doing his job and was well within his rights when he crashed through the family's door. A Pine Hills FL family said they were terrorized over the weekend by an agent from a bail bond company. They said the man went way too far, pointing his gun at children when the person he was looking for didn't even live there.

CALIFORNIA Senate Floor Amendment of 8/24/99 specifies that bail licensee shall not forcibly enter a premises except as provided for in Section 844 of the Penal Code. This section, 844, provides that the bail fugitive recovery person may forcibly enter a premises to arrest a felon with the same authority as any private person. This amendment was taken at the request of the Attorney General to conform the section to existing law, i.e., they don't want bail licensees to have any more or any less rights than the average person in a forcible entry situation.

Persons Authorized to Apprehend, Detain or Arrest Bail Fugitives This bill provides that "[n]o person, other than a certified law enforcement officer, shall be authorized to apprehend, detain, or arrest a bail fugitive unless that person meets one of the following conditions:

1. He or she is the bail agent, as defined by this bill , for the particular fugitive whose arrest is sought.
2. He or she is the actual depositor of bail
3. He or she is a bail fugitive recovery person as defined by this bill (see (d) in Comment 2, below).
4. He or she holds a bail license issued by a state other than California, and complies with California rules as to recovery of out-of-state fugitives.
5. He or she is licensed as a private investigator as provided in current law, as specified.
6. He or she holds a private investigator license issued by another state and is authorized, by a surety, to apprehend the bail fugitive.

This bill provides that its provisions would not prohibit an arrest pursuant to specified code sections. Requirements for Persons Authorized to Arrest a Bail Fugitive, Including "Bail Fugitive Recovery Persons," and Bail Solicitors, Agents, Permittees, Acting Under Contract with Sureties and the Fugitives Actual Bondsperson.

ARGUMENTS IN OPPOSITION : Individuals who are opposed include two bounty hunters (Robert Dick and J. Leonard Padilla). One is opposed because the notification requirement to law enforcement is an extra burden and will cause more confusion and problems if there are continual calls to law enforcement for everything. Both would like to see misdemeanors entered into the warrant system. Robert Dick states that some jurisdictions that cannot verify that a subject has a warrant will not assist and/or not allow you to make an apprehension.

Bill Warner
Private Investigator

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