Bounty Hunter Responsibility Act of 2006 - Declares that a surety on a bail bond, an employee of such surety, or any bounty hunter seeking to obtain or exercise custody over a person admitted to bail under state law is acting under color of law for purposes of establishing civil or criminal liability for the deprivation of federally protected rights.
States that a bounty hunter acting as an independent contractor with a surety is not an employee of the surety.
Requires each surety on a bail bond, agent of such surety, and bounty hunter to inform the local law enforcement agency of the presence of such agent, surety, and bounty hunter and of that individual's intention to seek to obtain or exercise custody over a person admitted to bail outside that state, before commencing activities in the state.
Directs the Attorney General to publish model guidelines for state control and regulation of persons employed or applying for employment as bounty hunters, which shall include recommendations as to whether a person seeking employment as a bounty hunter should be: (1) allowed to obtain such employment if that person has been convicted of a felony; (2) required to complete a basic certification course in the criminal justice system or a handgun training course; or (3) required to submit to a criminal background check.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6179 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 6179
To clarify that bail bond sureties and bounty hunters are subject to
both civil and criminal liability for violations of Federal rights
under existing Federal civil rights law, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 26, 2006
Mr. Andrews introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To clarify that bail bond sureties and bounty hunters are subject to
both civil and criminal liability for violations of Federal rights
under existing Federal civil rights law, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bounty Hunter Responsibility Act of
2006''.
SEC. 2. CLARIFICATION OF APPLICATION OF CIVIL RIGHTS LAWS.
(a) In General.--For purposes of section 1979 of the Revised
Statutes of the United States (42 U.S.C. 1983), section 242 of title
18, United States Code, and other Acts of Congress providing civil or
criminal liability for the deprivation of federally protected rights
under color of any statute, ordinance, regulation, custom, or usage, of
a State--
(1) a surety on a bail bond;
(2) an employee of such surety; or
(3) any bounty hunter;
seeking to obtain or exercise custody over a person admitted to bail
under the laws of a State is acting under color of a statute,
ordinance, regulation, custom, or usage of that State.
(b) Employment Relationship.--For the purposes of subsection (a), a
bounty hunter, if acting as an independent contractor with a surety, is
not an employee of that surety.
SEC. 3. NOTIFICATION TO LAW ENFORCEMENT.
It shall be the duty of each surety on a bail bond, each agent of
such surety, and each bounty hunter, who, in a State, personally seeks
to obtain or exercise custody over a person admitted to bail outside
that State, before commencing activities in that State, to inform the
local law enforcement agency of the presence of such surety, agent, or
bounty hunter, and of the intention of that surety, agent, or bounty
hunter to seek to obtain or exercise custody over that person. This
requirement does not preempt any additional requirements imposed on any
such surety, agent, or bounty hunter by such State.
SEC. 4. MODEL GUIDELINES.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Attorney General shall publish in the
Federal Register model guidelines for the State control and regulation
of persons employed or applying for employment as bounty hunters. In
developing such guidelines, the Attorney General shall consult with
organizations representing--
(1) State and local law enforcement officers;
(2) State and local prosecutors;
(3) the criminal defense bar;
(4) bail bond agents;
(5) bounty hunters; and
(6) corporate sureties.
(b) Recommendations.--The guidelines published under subsection (a)
shall include recommendations of the Attorney General regarding whether
a person seeking employment as a bounty hunter should be--
(1) allowed to obtain such employment if that person has
been convicted of a felony offense under Federal law, or of any
offense under State law that would be a felony if charged under
Federal law;
(2) required to complete successfully a State approved
basic certification course in the criminal justice system;
(3) required to complete successfully a handgun training
course; or
(4) required to submit to a fingerprint-based criminal
background check prior to entering into performance of duties
pursuant to employment as a bounty hunter.
SEC. 5. DEFINITIONS.
As used in this Act--
(1) the term ``bounty hunter'' means a person, other than a
public official engaging in official duties, who, for
compensation or a reward from a surety on a bail bond or an
agent of such a surety, seeks to obtain or exercise custody
over another person for purposes of criminal judicial
proceedings; and
(2) the term ``State'' includes any territory or possession
of the United States and the District of Columbia.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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