Bail Legislation Updates
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Washington
Washington State has taken another key legislative step towards professionalizing the bail bond and bail bond recovery industry this year with the passing of Senate Bill 6437 “Modifying provisions relating to bail bond and bail bond recovery agents.” The bill was drafted based on the convening of a “Blue Ribbon Task Force” last year that was organized by the Department of Licensing and included bail bond industry members, state officials, and representatives from local and law enforcement agencies. Although bail bond recovery activities fell under state regulation with the implementation of state licensing in January 2006, the dynamic nature of the evolving bail bond industry and the public perception of its activities have brought about this regulatory update and more are sure to be introduced as the industry moves forward in the coming years.
A brief summary of the bill is as follows:
• Requires bail bond recovery agents who make a forced entry, whether planned or unplanned, to notify the Department of Licensing.
• Requires recovery agents to use due care to protect persons and property of persons other than the defendant, and prohibits the use of dogs.
• Requires a recovery agent to have reasonable cause to believe a defendant is inside a structure for a planned forced entry.
• Increases recovery agent training from a minimum of four to a minimum of 32 hours in field operations.
• Provides immunity for law enforcement officers who are in attendance at or assist with a planned forced entry.
• Requires the Department of Licensing to study requiring financial responsibility for bail bond agents and recovery agents.
• In order to obtain a bail bond agency license, a person must show that the required three years of experience as a manager, supervisor, or administrator in the bail bond business has been obtained in Washington State.
• Requires that a bail bond recovery agent have a permit to carry a concealed pistol.
• Makes other changes in the bail bond agency, agent, and recovery agent provisions.
This bill was passed unanimously and was signed into law by Governor Gregoire on March 20, 2008 in Tacoma, WA. In April 2008, three groups will be formed by the Department of Licensing consisting of state representatives, local agencies, and industry representatives with the purpose of developing rules, programs, and reports on the following topics:
• Bail Bond Agent pre-assignment training and continuing education.
• Bail Bond Recovery Agent training and testing.
• Reporting planned forced entry.
As legislated in the bill, a panel also will be convened for the purpose of researching the options and impact of requiring bail bond agents and bail bond recovery agents to provide proof of financial responsibility to perform bail bond services. This panel will look into existing options for bonding and/insurance for recovery agents, as well as bail bond agents and will assess the liability issues relating to the industry. The panel will report back to the Senate in January 2009 with their findings.
Final Bill as Passed Legislature
Washington State Bail Bond Statutes:
Revised Code of Washington 18.185
Washington Administrative Code 308-19
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