As a Bail Agent, I spend a lot of my spare time studying the laws that pertain to Bail and Bail Fugitive Recovery. As some of you may know, 1299 PC is going back into effect through AB 2029 in 2013. The reinstatement of 1299 PC is crucial to insure proper qualification for Fugitive Recovery Agents(Bounty Hunters). As of right now the law only requires a Fugitive Recovery Agent be of "suitable age". Without 1299 PC we can be sure the trade will be tarnished with poorly trained Agents doing illegal recoveries. I am glad to see Bail is once again getting attention from California lawmakers, but unfortunately they still seem to be unaware of a major issue with Bail Fugitive Recovery law. As of right now, the most common law Agents can refer to is the o' so famous Taylor v. Taintor Federal case.
This case states: "When bail is given, the principal is regarded as delivered to the custody of his sureties. Their dominion is a continuance of the original imprisonment. Whenever they choose to do so, they may seize him and deliver him up in their discharge; and if that cannot be done at once, they may imprison him until it can be done. They may exercise their rights in person or by agent. They may pursue him into another State; may arrest him on the Sabbath; and, if necessary, may break and enter his house for that purpose. The seizure is not made by virtue of new process. None is needed. It is likened to the rearrest by the sheriff of an escaping prisoner. The bail have their principal on a string, and may pull the string whenever they please, and render him in their discharge. The rights of the bail in civil and criminal cases are the same. They may doubtless permit him to go beyond the limits of the State within which he is to answer, but it is unwise and imprudent to do so; and if any evil ensue, they must bear the burden of the consequences, and cannot cast them upon the obligee."
According to Taylor v. Taintor, Bail is a continuance of the original imprisonment. Meaning, being out on Bail is similar to being on probation. Bail companies have the right to create conditions and limitations in exchange for the defendants release from jail. It also allows a bail company to surrender a defendant at any time for any reason. But some statements in this act conflict with many state laws creating some confusion in the bail industry. The Taylor v. Taintor act states an Agent may break and enter if necessary and pursue a fugitive across state lines. The reality is if you committed either of these acts while in pursuit of a fugitive you would likely find yourself in jail on a list of charges.
For example, a bail fugitive is hiding inside his residence and an Agent breaches the door in order to apprehend him. The Agent has committed breaking and entering which is against state law. Now that the Agent has violated the law, the arrest is now deemed illegal. In the process of the now illegal arrest the Agent had also cuffed and placed the fugitive in the back of his vehicle for transport to the jail. Because the arrest was illegal after breaking and entering, the Agent has now committed burglary, kidnapping, conspiracy, battery, and if carrying a firearm he has also committed a long list of firearm charges.
Another example, a bail fugitive from California hides out in Nevada and an Agent crosses state lines and apprehends him. Once again this act would be permitted by Taylor v. Taintor, but the Agent has violated a long list of Nevada laws and will likely be looking at a fair amount of prison time for his actions.
There are a lot of Agents who would love to argue this with me, but the reality is every one of those charges would hold up in a court of law. Regardless of Federal law, you have violated state laws. Many bail training programs are teaching new Agents with a strict focus on Taylor v. Taintor. If you are looking at getting into Bail I highly suggest you do your homework. Choosing the wrong school could ensure you never get hired or worst, end up in jail. Some schools are also teaching courses for a BSIS baton permit as well as a BSIS exposed firearm permit. The BSIS baton and exposed firearm permit are strictly for licensed security guards. As an expert in security I can tell you that the possession of a baton during a fugitive recovery is illegal and striking someone with it would make you guilty of assault with a deadly weapon. The BSIS exposed firearm permit is not necessary regardless. Fugitive Recovery Agents are allowed to carry firearms under CA 12031(k) PC. 12031(k) PC states a firearm may be used during an arrest given that the arrest and the possession of the firearm are legal in the first place (I will go into the laws regarding the use of weapons in my next article in more detail).
In my opinion, there needs to be specific state laws allowing Agents protection under Taylor v. Taintor. There also needs to be weapon laws that are specific to Bail Fugitive Recovery. Many Agents are harassed by local law enforcement due to their lack of knowledge of the laws Agents operate under.
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