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3rd Reading Amended
March 31, 1998
Second Regular Session
Sixty-first General Assembly
LLS NO. 980109.01 MCV
HOUSE BILL 981224
STATE OF COLORADO
BY REPRESENTATIVE Lawrence;
also SENATOR Arnold.
A BILL FOR AN ACT
CONCERNING BAIL RECOVERY, AND, IN CONNECTION THEREWITH,
PROHIBITING A BAIL BONDING AGENT FROM HIRING, CONTRACTING WITH,
OR PAYING COMPENSATION TO AN INDIVIDUAL FOR BAIL RECOVERY SERVICES
UNLESS CERTAIN REQUIREMENTS ARE MET, AND MAKING AN APPROPRIATION.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
Prohibits any person from engaging in bail recovery unless such person is licensed as a bail bonding agent. Modifies the prelicensure education required for bail bonding agents to include training in bail recovery practices. Directs the peace officers standards and training board to establish standards for such training.
Provides that a person who engages or attempts to
engage in bail recovery without being licensed as a bail bonding
agent is guilty of a misdemeanor with a penalty of a fine of up
to $1,000, imprisonment in county jail for up to one year, or
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 127101, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
127101. Definitions. As used in this article, unless the context otherwise requires:
(1.5) "BAIL RECOVERY" MEANS ACTIONS TAKEN BY A PERSON OTHER THAN A PEACE OFFICER TO APPREHEND AN INDIVIDUAL OR TAKE AN INDIVIDUAL INTO CUSTODY BECAUSE OF THE FAILURE OF SUCH INDIVIDUAL TO COMPLY WITH BAIL BOND REQUIREMENTS.
SECTION 2. 127102.5 (1), Colorado Revised Statutes, is amended to read:
127102.5. Prelicensure education requirements exemptions. (1) As a condition of initial licensure and qualification as a bail bonding agent, the commissioner shall require each applicant to submit evidence of satisfactory completion of an approved prelicensure education or training course. Such education or training shall consist of at least:
(a) Eight clock hours REGARDING BAIL BONDING, two of which shall concern the criminal court system, two of which shall concern bail bond industry ethics, and four of which shall concern the laws relating to bail bonds; AND
(b) FOR PERSONS APPLYING FOR LICENSURE ON OR AFTER JULY 1, 1998, TRAINING IN BAIL RECOVERY PRACTICES NOT TO EXCEED SIXTEEN CLOCK HOURS. SUCH TRAINING SHALL COMPLY WITH THE STANDARDS ESTABLISHED BY THE PEACE OFFICERS STANDARDS AND TRAINING BOARD PURSUANT TO SECTION 2431303 (1) (h), C.R.S.
SECTION 3. Article 7 of title 12, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:
127105.5. Bail recovery services requirements. (1) PRIOR TO HIRING, CONTRACTING WITH, OR PAYING ANY COMPENSATION TO ANY INDIVIDUAL OTHER THAN ANOTHER LICENSED BAIL BONDING AGENT FOR BAIL RECOVERY SERVICES, A LICENSED BAIL BONDING AGENT SHALL:
(a) OBTAIN A SET OF FINGERPRINTS FROM THE INDIVIDUAL AND SUBMIT SUCH FINGERPRINTS TO THE COLORADO BUREAU OF INVESTIGATION FOR A CRIMINAL BACKGROUND CHECK. UPON PAYMENT OF THE BUREAU'S COSTS, THE COLORADO BUREAU OF INVESTIGATION SHALL UTILIZE SUCH FINGERPRINTS, THE BUREAU'S FILES AND RECORDS, AND THE FILES AND RECORDS OF THE FEDERAL BUREAU OF INVESTIGATION FOR THE PURPOSE OF DETERMINING WHETHER THE INDIVIDUAL HAS BEEN CONVICTED OF OR HAS PLEADED GUILTY OR NOLO CONTENDERE TO ANY FELONY UNDER FEDERAL OR STATE LAWS DURING THE PREVIOUS TEN YEARS. THE INDIVIDUAL IS RESPONSIBLE FOR PAYMENT OF THE COST OF THE BACKGROUND CHECK.
(b) OBTAIN A COPY OF A CERTIFICATE OF TRAINING FROM THE INDIVIDUAL INDICATING THAT SUCH INDIVIDUAL HAS RECEIVED TRAINING IN BAIL FUGITIVE APPREHENSION FROM A NATIONALLY RECOGNIZED RECOVERY PROGRAM OR AN ACCREDITED INSTITUTION OF HIGHER EDUCATION; AND
(c) OBTAIN A STATEMENT FROM THE INDIVIDUAL ATTESTING, UNDER PENALTY OF PERJURY, THAT SUCH PERSON IS PROVIDING TRUE AND COMPLETE INFORMATION TO THE BAIL BONDING AGENT.
(2) A LICENSED BAIL BONDING AGENT MAY NOT HIRE, CONTRACT WITH, OR PAY ANY COMPENSATION TO ANY INDIVIDUAL FOR BAIL RECOVERY SERVICES IF THE BAIL BONDING AGENT KNOWS, THROUGH THE BACKGROUND CHECK REQUIRED BY PARAGRAPH (a) OF SUBSECTION (1) OF THIS SECTION OR THROUGH ANY OTHER SOURCE, THAT SUCH INDIVIDUAL HAS BEEN CONVICTED OF A FELONY DURING THE PREVIOUS TEN YEARS.
SECTION 4. 127106 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:
127106. Denial, suspension, revocation, and refusal to renew license hearing alternative civil penalty. (1) The division shall deny, suspend, revoke, or refuse to renew, as may be appropriate, the license of any person engaged in the business of bail bonding agent for any of the following reasons:
(j) HIRING, CONTRACTING WITH, OR PAYING COMPENSATION TO ANY INDIVIDUAL FOR BAIL RECOVERY SERVICES IN VIOLATION OF THE PROVISIONS OF SECTION 127105.5.
SECTION 5. 201103, Colorado Revised Statutes, is amended to read:
201103. Collect forfeited recognizances.
It is the exclusive duty of the district attorney to
PROVIDE FOR THE COLLECTION OF forfeited recognizances and turn
the money so collected into the registry of the court declaring
the forfeiture. IN FULFILLING SUCH DUTY, THE DISTRICT ATTORNEY
MAY CONTRACT WITH ANY PERSON OR ENTITY AND PROVIDE FOR PAYMENT
OF ANY FEES AND COSTS FOR THE SERVICES OF SUCH PERSON OR ENTITY
OUT OF SUCH MONEYS COLLECTED.
SECTION 6. 2431303 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:
2431303. Duties powers of the P.O.S.T. board. (1) The P.O.S.T. board has the following duties:
(h) TO ESTABLISH STANDARDS FOR TRAINING IN BAIL RECOVERY PRACTICES UNDER SECTION 127102.5 (1) (b), C.R.S
SECTION 7. 2433.5412 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:
2433.5412. Functions of bureau legislative review. (1) The bureau has the following authority:
(p) TO CONDUCT A CRIMINAL BACKGROUND CHECK OF AN APPLICANT WHO WISHES TO PROVIDE BOUNTY RECOVERY SERVICES FOR A BAIL BONDING AGENT UNDER SECTION 127105.5 (1) (a), C.R.S
SECTION 8. Appropriation. In addition to any other appropriation, there is hereby appropriated, out of any moneys in the reserves of the P.O.S.T. board cash fund created in section 2431303 (2) (b), Colorado Revised Statutes, not otherwise appropriated, to the department of law, for allocation to the peace officers standards and training board, for the fiscal year beginning July 1, 1998, the sum of one thousand dollars ($1,000), or so much thereof as may be necessary, for the implementation of this act.
SECTION 9. Effective date applicability. This act shall take effect July 1, 1998, and shall apply to offenses committed on or after said date and to applications for licensure received on or after said date.
SECTION 10. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.