03/28/00 Committee on the Judiciary

U.S. House of Representatives

Committee on the Judiciary

Henry J. Hyde, Chairman www.house.gov/judiciary

News Advisory

For immediate release March 28, 2000

Contact: Sam Stratman/Terry Shawn (202) 225-2492

Canady Schedules Thursday Hearing on

the Bounty Hunter Responsibility Act

What: Legislative hearing on H.R. 2964, the Bounty Hunter Responsibility Act

Subcommittee on the Constitution; U.S. Rep. Charles Canady, Chairman

When: 2:00 p.m. Thursday, March 30, 2000

Where: 2237 Rayburn House Office Building

Bounty hunters seized Ahsaki Green at her Philadelphia home, drove her to Virginia Beach, VA in cuffs, where she spent four days in jail. She was released when police learned that she was the victim, not the perpetrator of a crime. In Houston, Betty Caballero was beaten by a bail bondsman searching for another woman. Because of the beating, she miscarried her pregnancy. In a suit claiming her civil rights had been violated, a district court exonerated the bond company from any liability for the bondsman's behavior.

Background:

After arrest but before trial, many defendants will hire bail bondsmen to post a bond with the court to secure their release. The state gives a bondsman legal custody of the defendant knowing that the bond will be forfeited if the defendant fails to return to court. Bondsmen seeking defendants who have fled or missed a court date, will hire bounty hunters that are generally considered to have powers similar to law enforcement officers in pursuit of an escaped prisoner. Some bounty hunters overstep the bounds of reasonable conduct.

This Legislation would:

Establish an incentives structure to encourage the licensing of bounty hunters to stop reckless behavior on the part of untrained bounty hunters.

Recognize that bondsmen would not be able to avoid liability under the legal technicalities associated with a bounty hunter's status as an "independent contractor". The bill creates an "agency" relationship between the bondsmen and the bounty hunter under which the bondsmen would be liable - under certain circumstances - for any acts of misconduct by the bounty hunter.

Recognize the interstate aspects of bounty hunting and not prohibit bounty hunters from crossing state lines in pursuit of a bail jumper, but would require the bounty hunters to notify the police in the locale where the arrest will take place. This will help to prevent potential confusion between law enforcement authorities and arresting bounty hunters, guarantee that bounty hunters comply with state laws, and help ensure that innocent victims are not transported from their home state.

Witness List : Chinelle Moore, victim; Theresa Babb, victim; Pamela Reed, victim: Jerry Watson, National Association of Bail Insurance Co.s; Jonathan Drimmer, Roger Moore, Attorney ; Sheldon Nahmod, Professor of Law; Russell Stanford, Detective; Milton Hirsch, Attorney; Tom Nickolich, AAA Bailbond Co.; Armando O. Roche, Professional Bail Agents of the U.S.; John Stein, Nat'l. Organization for Victim Assistance.

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