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November, 2007: Report to the California Legislature by the California Research Bureau "WHAT ARE THE QUALIFICATIONS FOR BOUNTY HUNTERS IN CALIFORNIA"

In 2004, California lawmakers revisited the Act (Chapter 166, Statues of 2004), relating to Bail Fugitive Recovery Agents in the State of California and authored by Assemblyman Todd Spitzer (71st Dist.). As part of this Act, the California Research Bureau (CRB), which provides nonpartisan research services to the Governor and his staff, to both houses of the legislature, and to other state elected officials, was asked to design and complete a study of the structure and implementation of the Bail Fugitive Recovery Act, including the new training requirements (Penal Code Section 1299.14). 

This report by the CRB was published in November, 2007 and presents a thorough discussion on the current state of the bail and bail recovery industry in California and has interesting chapters on fugitive recovery laws of other states and extradition within the 50 United States (page 14).  There is also an interesting discussion on the debated issue of whether a bail fugitive recovery person agent may carry a loaded firearm while performing his duties without holding a California Exposed Weapons Permit (CEWP) from the Bureau of Security and Investigative Services (BSIS). (page 35).

This report can be accessed at the California State Library site: http://www.library.ca.gov/crb/07/07-010.pdf

October 19, 2007 a bill passed the House and was referred to the Senate which eliminates a federal judge's authority to declare bail forfieted when only the collateral terms of bail are violated.

On May 10, 2007, Representative Robert Wexler (D-FL) introduced the “Bail Bond Fairness Act of 2007” (H.R. 2286, 110th Cong., 1st Sess.). The bill is similar to legislation introduced in the 108th Congress and several previous Congressional sessions. Among other things, H.R. 2286 amends Criminal Rule 46(f)(1) limiting the authority of the court to declare bail forfeited. (Criminal Rule 46(f)(1) provides that the court must declare bail forfeited if a person breached a condition of the bail bond.) H.R. 2286 amends the rule to limit the court’s authority to declare bail forfeited only when the person actually fails to appear physically before a court as ordered, and not when the person violates some other collateral condition of release.

The bill's text, history and current status may be viewed at the following webpage: 
http://www.govtrack.us/congress/bill.xpd?bill=h110-2286

www.EscapingJustice.com

 

Since December 4, 2000, Steve Cooley has been the District Attorney of Los Angeles County and has made the office what many consider the premiere local prosecution agency in the nation.  It is also the largest.  As District Attorney for Los Angeles,  Mr. Cooley has worked diligently to extradite criminals from Mexico. He established a web site (www.EscapingJustice.com) to inform the public of the problem of fugitives who have escaped justice in Mexico and on this website you can read the stories of some of the victims whose killers sought to hide out in Mexico. 

The website established by Mr. Cooley contains an excellent source for Internet resources relating to Mexican Extradition law.   These can be found at http://www.escapingjustice.com/issues.htm

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