Yes, bounty hunters still exist — and a new California law will change their business [The Modesto Bee]

Jul. 1—Bail fugitive recovery agents, or bounty hunters, will soon be required to be trained, licensed and insured under a California law going into effect July 1.

The creation of AB 2043 was sparked by the death of a Palm Springs man who was shot and killed by an illegal bounty hunter in 2021.

"(Fugitive recovery agent's) only job is to get the bail company off the responsibility of the bond," said Oscar Martinez, owner of Oscar Martinez Bail Bonds and OC Services and Fugitive Recovery. "It's not to break in doors; it's not to kick in windows; it's not to harass people."

Here's what the new law will require, what bounty hunters are legally allowed to do and how the law will affect their job:

New law, new requirements for bounty hunters

Under the former law, bounty hunters could recover bail fugitives with written permission from or by being employed by someone with a bail license.

With the implementation of AB 2043, authored by Assemblyman Reggie Jones-Sawyer, D-Los Angeles, bounty hunters will need a separate license with the California Department of Insurance.

"The department will ensure appropriate education and training requirements are met prior to issuing any licenses to individuals or business entities applying," the Department of Insurance said in a notice sent to bail agents and businesses. The department shared the notice with The Bee in an email.

Requirements for bounty hunter licenses

The department is launching online services so applicants can meet the requirements necessary or submit an application for a license, the notice said.

These requirements, according to the department, include:

— Complete 20-hour bail pre-licensing education

—

Complete the 40-hour power of arrest course (certified by the California Commission on Peace Officer Standards and Training, pursuant to California Penal Code section 832)

—

Submit fingerprints for a background check

—

Submit bail agent or surety insurer appointment

—

Submit $1,000 bond

—

Submit $1 million liability insurance policy — individual or business entity

As a recovery agent himself, Martinez said he fully believes they should be trained and regulated, but the $1 million insurance policy is not affordable for everyone.

"Take 100 normal people and see how many of them can actually make that happen," Martinez said. "If it's less than 50%, then it's an unfair law. It's an unfair requirement."

The bill originally stated the implementation of the policy would be delayed if there was a reasonable lack of availability or affordability, but California Insurance Commissioner Ricardo Lara determined there is not one, according to the updated notice sent to bail agencies.

What do bounty hunters do?

Bail bond agents provide people the freedom to fight their case while not in custody, Martinez said. Defendants typically pay a bond agency about 10% of the total bail and the agency posts the rest, if the defendant cannot pay in full. The 10%, according to Shouse California Law group, is nonrefundable.

If the bail bond agency is not able to locate the defendant and return them to the court when it is time to, the agency is responsible for paying the county the bond amount.

"Most companies, I'm going to guess, have 20-40 failures to appear during the year," Martinez said. "I say 10%-20% get arrested by law enforcement. The other 80%-90%, it's up to a fugitive recovery agent to go track down, locate, transport and arrest."

If a defendant fail to appear in court, recovery agents, or bounty hunters, are then hired to locate the defendant.

Martinez said even before the new law, recovery agents were required to take a course that teaches them about things including the Fourth Amendment and their rights as an arresting agent.

He said in addition to the penal code that allows bounty hunters to carry a firearm leading up to and during the arrest, a lot of them also have a concealed carry permit.

Bounty hunters use resources like family members, friends, ex-spouses, social media and pay-by-name search sites to locate bail fugitives.

"Sometimes we offer a reward to somebody that we know is mad at them," Martinez said. "I'll tell you what, a scorned ex is a great source of information."

Bounty hunters are able to make arrests although they are not police officers, Martinez said, because they sign a civil contract with the defendants that gives them permission to track and arrest them under the conditions of the bail.

"Bail and fugitive recovery are a major important part of our criminal system," Martinez said. "I believe (bail is) a necessity. It's something that gives people a chance to be free while it still holds them accountable."

This story was originally published July 1, 2023, 5:00 AM.

___

(c)2023 The Modesto Bee (Modesto, Calif.)

Visit The Modesto Bee (Modesto, Calif.) at www.modbee.com

Distributed by Tribune Content Agency, LLC.