H.B. 381

1

BAIL BOND LICENSING ACT
2 1999 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Susan J. Koehn
5 AN ACT RELATING TO PUBLIC SAFETY; CHANGING THE NOTIFICATION
6 REQUIREMENT FOR BAIL BONDSMEN FROM 24 HOURS BEFORE AN APPREHENSION
7 TO WITHIN 24 HOURS OF AN APPREHENSION; ADDING A BADGE TO THE
8 IDENTIFICATION REQUIREMENT; AND MAKING TECHNICAL CORRECTIONS.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 53-11-123, as enacted by Chapter 257, Laws of Utah 1998
12 ENACTS:
13 53-11-116.5, Utah Code Annotated 1953
14 Be it enacted by the Legislature of the state of Utah:
15 Section 1. Section 53-11-116.5 is enacted to read:
16 53-11-116.5. Badges.
17 (1) A person licensed under this chapter as a bail enforcement agent or a bail recovery
18 agent may carry a badge issued under this section.
19 (2) (a) Bail bond agencies may submit designs for a badge that may be used for
20 identification purposes by bail enforcement agents and bail recovery agents licensed under this
21 chapter.
22 (b) The commissioner shall establish a procedure for the submitting of badge designs and
23 shall select one design to be used for badges issued under this section.
24 (c) The badge design:
25 (i) may not resemble any badge or shield currently in use by a law enforcement agency
26 within the state; and
27 (ii) shall include the license number of the licensee to whom the badge is issued.

28 (d) The department of public safety shall issue the badges, and may charge a fee per badge
29 as necessary to cover the costs of providing the badges.
30 (3) (a) If the license of a badge holder under this section is suspended or revoked, the
31 badge holder shall immediately return the badge to the bail bond agency by whom the holder is
32 employed, and if the holder is not employed by an agency, the holder shall return the badge within
33 five days to the department of public safety.
34 (b) The employer to whom the badge is returned shall return the badge within five days
35 to the department of public safety.
36 (4) A person other than the licensee to whom the badge is issued may not display the badge
37 or otherwise use it for identification.
38 Section 2. Section 53-11-123 is amended to read:
39 53-11-123. Notification of local law enforcement.
40 (1) (a) A bail enforcement agent or bail recovery agent who is searching for or planning
41 to apprehend a person shall notify the local law enforcement agency if the search or apprehension
42 will be conducted in an occupied structure within that law enforcement agency's jurisdiction.
43 (b) Notification shall be provided [not less than] within 24 hours [before] of taking action
44 [is taken].
45 (c) When a bail enforcement agent or bail recovery agent is preparing to enter an occupied
46 structure to carry out an arrest, he shall verbally advise the local law enforcement agency of his
47 location and intended action prior to acting.
48 (2) A bail enforcement agent, bail recovery agent, and bail recovery apprentice shall each
49 carry with him a written document providing proof and cause for the actions he is taking as a
50 licensee, and shall make the document available to local law enforcement agencies upon request.




Legislative Review Note
as of 2-9-99 4:30 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel