Bill Text: IA SF2173 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to insurance companies acting as surety for bail bonds, including licensure requirements to act as a bail enforcement agent or business.(Formerly SSB 3024.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2024-04-01 - Withdrawn. S.J. 677. [SF2173 Detail]
Download: Iowa-2023-SF2173-Introduced.html
Senate
File
2173
-
Introduced
SENATE
FILE
2173
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
3024)
A
BILL
FOR
An
Act
relating
to
insurance
companies
acting
as
surety
for
1
bail
bonds,
including
licensure
requirements
to
act
as
a
2
bail
enforcement
agent
or
business.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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2173
Section
1.
Section
80A.2,
subsection
3,
Code
2024,
is
1
amended
to
read
as
follows:
2
3.
A
person
employed
full
or
part-time
by
one
employer
3
in
connection
with
the
affairs
of
the
employer
,
except
for
a
4
person
employed
by
a
surety
licensed
pursuant
to
chapter
811
5
who
is
acting
as
a
bail
enforcement
agent
.
6
Sec.
2.
Section
811.3,
subsection
1,
Code
2024,
is
amended
7
to
read
as
follows:
8
1.
a.
Insurance
companies
doing
business
in
this
state
9
under
the
provisions
of
section
515.48,
subsection
2
,
may
10
act
as
surety.
Resident
owners
of
property
which
that
is
11
located
within
the
state
and
which
that
is
worth
the
amount
12
specified
in
the
undertaking
,
may
act
as
surety
,
and
must
in
13
all
cases
justify
by
an
affidavit
taken
before
an
officer
14
authorized
to
administer
oaths
that
such
surety
possesses
such
15
qualifications.
16
b.
A
company
acting
as
surety
shall
not
engage
in
conduct
or
17
activities
substantially
similar
to
those
of
a
bail
enforcement
18
agent
or
bail
enforcement
business,
as
those
terms
are
19
defined
in
section
80A.1,
without
receiving
a
license
from
the
20
department
of
public
safety
as
specified
in
chapter
80A.
21
Sec.
3.
Section
811.8,
subsection
1,
Code
2024,
is
amended
22
to
read
as
follows:
23
1.
At
any
time
before
the
forfeiture
of
the
undertaking,
24
the
surety
may
surrender
the
defendant,
or
the
defendant
may
25
surrender,
to
the
officer
to
whose
custody
the
defendant
was
26
committed
at
the
time
of
giving
bail,
and
such
officer
shall
27
detain
the
defendant
as
upon
a
commitment
and
must,
upon
28
such
surrender
and
the
receipt
of
a
certified
copy
of
the
29
undertaking
of
bail,
acknowledge
the
surrender
by
a
certificate
30
in
writing.
A
company
acting
as
surety
shall
not
engage
in
31
conduct
or
activities
substantially
similar
to
those
of
a
bail
32
enforcement
agent
or
bail
enforcement
business,
as
those
terms
33
are
defined
in
section
80A.1,
without
receiving
a
license
from
34
the
department
of
public
safety
as
specified
in
chapter
80A.
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Sec.
4.
Section
811.8,
subsection
3,
Code
2024,
is
amended
1
by
striking
the
subsection.
2
Sec.
5.
Section
811.12,
subsection
2,
paragraph
d,
Code
3
2024,
is
amended
by
striking
the
paragraph.
4
EXPLANATION
5
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
6
the
explanation’s
substance
by
the
members
of
the
general
assembly.
7
This
bill
relates
to
insurance
companies
acting
as
surety
8
for
bail
bonds,
including
licensure
requirements
to
act
as
a
9
bail
enforcement
agent
or
business.
10
The
bill
provides
that
the
requirements
of
Code
chapter
80A
11
(private
investigative
agencies
and
security
agencies)
do
not
12
apply
to
a
person
employed
full
or
part-time
by
one
employer
13
in
connection
with
the
affairs
of
the
employer,
except
for
a
14
person
employed
by
a
surety
licensed
pursuant
to
Code
chapter
15
811
who
is
acting
as
a
bail
enforcement
agent.
16
Current
law
provides
that
insurance
companies
doing
business
17
in
Iowa
under
the
provisions
of
Code
section
515.48(2)
may
act
18
as
surety
to
insure
the
fidelity
of
bail
bonds
in
criminal
19
cases.
20
The
bill
provides
that
a
company
acting
as
surety
shall
21
not
engage
in
conduct
or
activities
substantially
similar
to
22
those
of
a
bail
enforcement
agent
or
bail
enforcement
business,
23
as
those
terms
are
defined
in
Code
section
80A.1,
without
24
receiving
a
license
from
the
department
of
public
safety
as
25
specified
in
Code
chapter
80A.
Bail
enforcement
agent
is
26
defined
as
a
person
engaged
in
the
bail
enforcement
business,
27
including
licensees
and
persons
engaged
in
the
bail
enforcement
28
business
whose
principal
place
of
business
is
in
a
state
other
29
than
Iowa.
“Bail
enforcement
business”
means
the
business
of
30
taking
or
attempting
to
take
into
custody
the
principal
on
a
31
bail
bond
issued
or
a
deposit
filed
in
relation
to
a
criminal
32
proceeding
to
assure
the
presence
of
the
defendant
at
trial,
33
but
does
not
include
such
actions
that
are
undertaken
by
a
34
peace
officer
or
a
law
enforcement
officer
in
the
course
of
the
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officer’s
official
duties.
1
Current
law
allows
the
surety
to
surrender
the
defendant
at
2
any
time
before
the
forfeiture
of
the
undertaking.
However,
3
the
bill
provides
that
a
company
acting
as
surety
shall
not
4
engage
in
conduct
or
activities
substantially
similar
to
those
5
of
a
bail
enforcement
agent
or
bail
enforcement
business,
6
as
those
terms
are
defined
in
Code
section
80A.1,
without
7
receiving
a
license
from
the
department
of
public
safety
as
8
specified
in
Code
chapter
80A.
9
The
bill
strikes
Code
section
811.8(3),
which
currently
10
provides
that
a
surety,
for
purposes
of
surrendering
a
11
defendant,
may
arrest
the
defendant
or,
by
written
authority
12
endorsed
on
a
certified
copy
of
the
undertaking,
may
empower
13
another
suitable
person
to
make
the
arrest.
14
The
bill
strikes
Code
section
811.12(2)(d),
which
currently
15
provides
that
a
bail
enforcement
agent
exempt
from
licensing
16
requirements
is
authorized
to
apprehend,
detain,
or
arrest
a
17
principal
on
a
bail
bond,
wherever
issued.
The
bill
provides
18
that
a
person
is
not
authorized
to
detain,
apprehend,
or
19
arrest
a
principal
on
a
bail
bond
without
being
licensed
or
20
registered.
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