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 TLSB 5344SV (2) 90 as/js

S.F. 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. 35 -1- LSB 5344SV (2) 90 as/js 1/ 3

S.F. 2173 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 35 -2- LSB 5344SV (2) 90 as/js 2/ 3

S.F. 2173 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. 21 -3- LSB 5344SV (2) 90 as/js 3/ 3