article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Bounty Hunter Accountability and Quality Assistance Act of 1998''. SEC. 2. FINDINGS. Congress finds that-- (1) bounty hunters, also known as bail enforcement officers or recovery agents, provide law enforcement officers and the courts with valuable assistance in recovering fugitives from justice; (2) regardless of the differences in their duties, skills, and responsibilities, the public has had difficulty in discerning the difference between law enforcement officers and bounty hunters; (3) the availability of bail as an alternative to the pretrial detention or unsecured release of criminal defendants is important to the effective functioning of the criminal justice system; (4) the safe and timely return to custody of fugitives who violate bail contracts is an important matter of public safety, as is the return of any other fugitive from justice; (5) bail bond agents are widely regulated by the States, whereas bounty hunters are largely unregulated; (6) the public safety requires the employment of qualified, well-trained bounty hunters; and (7) in the course of their duties, bounty hunters often move in and affect interstate commerce. SEC. 3. DEFINITIONS. In this Act-- (1) the term ``bail bond agent'' means any retail seller of a bond to secure the release of a criminal defendant pending judicial proceedings, unless such person also is self-employed to obtain the recovery of any fugitive from justice who has been released on bail; (2) the term ``bounty hunter''-- (A) means any person whose services are engaged, either as an independent contractor or as an employee of a bounty hunter employer, to obtain the recovery of any fugitive from justice who has been released on bail; and (B) does not include any-- (i) law enforcement officer acting under color of law; (ii) attorney, accountant, or other professional licensed under applicable State law; (iii) employee whose duties are primarily internal audit or credit functions; (iv) person while engaged in the performance of official duties as a member of the Armed Forces on active duty (as defined in section 101(d)(1) of title 10, United States Code); or (v) bail bond agent; (3) the term ``bounty hunter employer''-- (A) means any person that-- (i) employs 1 or more bounty hunters; or (ii) provides, as an independent contractor, for consideration, the services of 1 or more bounty hunters (which may include the services of that person); and (B) does not include any bail bond agent; and (4) the term ``law enforcement officer'' means a public officer or employee authorized under applicable Federal or State law to conduct or engage in the prevention, investigation, prosecution, or adjudication of criminal offenses, including any public officer or employee engaged in corrections, parole, or probation functions, or the recovery of any fugitive from justice. SEC. 4. MODEL GUIDELINES. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Attorney General shall develop 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 developed under subsection (a) shall include recommendations of the Attorney General regarding whether-- (1) a person seeking employment as a bounty hunter should-- (A) be required to submit to a fingerprint-based criminal background check prior to entering into the performance of duties pursuant to employment as a bounty hunter; or (B) not be allowed to obtain such employment if that person has been convicted of a felony offense under Federal or State law; (2) bounty hunters and bounty hunter employers should be required to obtain adequate liability insurance for actions taken in the course of performing duties pursuant to employment as a bounty hunter; and (3) State laws should provide-- (A) for the prohibition on bounty hunters entering any private dwelling, unless the bounty hunter first knocks on the front door and announces the presence of 1 or more bounty hunters; and (B) the official recognition of bounty hunters from other States. (c) Effect on Bail.--The guidelines published under subsection (a) shall include an analysis of the estimated effect, if any, of the adoption of the guidelines by the States on-- (1) the cost and availability of bail; and (2) the bail bond agent industry. (d) No Regulatory Authority.--Nothing in this section may be construed to authorize the promulgation of any Federal regulation relating to bounty hunters, bounty hunter employers, or bail bond agents. (e) Publication of Guidelines.--The Attorney General shall publish model guidelines developed pursuant to subsection (a) in the Federal Register. Passed the Senate October 7 (legislative day, October 2), 1998. Attest: GARY SISCO, Secretary.
summary: Bounty Hunter Accountability and Quality Assistance Act of 1998 - Directs the Attorney General to develop model guidelines for the State control and regulation of bounty hunters, including recommendations regarding whether: (1) a person seeking employment as a bounty hunter should be required to submit to a fingerprint-based criminal background or should not be allowed to obtain such employment if he or she has been convicted of a Federal or State felony; (2) bounty hunters and their employers should be required to obtain adequate liability insurance for actions taken in the course of performing such duties; and (3) State laws should provide for the official recognition of bounty hunters from other States and should prohibit bounty hunters from entering any private dwelling without first knocking on the front door and announcing their presence. Requires published guidelines to include an analysis of their estimated effect on: (1) the cost and availability of bail; and (2) the bail bond agent industry. Directs the Attorney to publish model guidelines in the Federal Register.