Added by Stats. 2012, Ch. 747, Sec. 1. (AB 2029) Effective January 1, 2013.
This article shall be known as the Bail Fugitive Recovery Persons Act.
Article 5.5 - Bail Fugitive Recovery Persons Act
California Penal Code — §§ 1299-1299.12
Sections (12)
Repealed (in Sec. 18) and added by Stats. 2022, Ch. 768, Sec. 19. (AB 2043) Effective January 1, 2023. Operative July 1, 2023, by its own provisions.
(a)For purposes of this article, the following terms shall have the following meanings:
(1)“Bail fugitive” means a defendant in a pending criminal case who has been released from custody under a financially secured appearance, cash, or other bond and has had that bond declared forfeited, or a defendant in a pending criminal case who has violated a bond condition whereby apprehension and reincarceration are permitted.
(2)“Bail” means a bail agent, bail permittee, or bail solicitor licensed by the Department of Insurance pursuant to Section 1802, 1802.5, or 1803 of the Insurance Code.
(3)“Depositor of bail” means a person who or entity that has deposited money or bonds to secure the release of a person charged with a crime or offense.
(4)“Bail fugitive recovery agent” means a person licensed pursuant to Section 1802.3 of the Insurance Code who is provided written authorization pursuant to Section 1300 or 1301 by the bail or depositor of bail, and is contracted to investigate, surveil, locate, and arrest a bail fugitive for surrender to the appropriate court, jail, or police department, and any person who is employed to assist a bail or depositor of bail to investigate, surveil, locate, and arrest a bail fugitive for surrender to the appropriate court, jail, or police department.
(b)This section
shall become operative on July 1, 2023.
Amended by Stats. 2023, Ch. 260, Sec. 16. (SB 345) Effective January 1, 2024.
(a)No person, other than a certified law enforcement officer, shall be authorized to apprehend, detain, or arrest a bail fugitive unless that person meets one of the following conditions:
(1)Is a bail as defined in paragraph (2) of subdivision (a) of Section 1299.01 who is also a bail fugitive recovery agent as defined in paragraph (4) of subdivision (a) of Section 1299.01.
(2)Is a bail fugitive recovery agent as defined in paragraph (4) of subdivision (a) of Section 1299.01.
(3)Is a licensed private investigator as provided in Chapter 11.3 (commencing with Section 7512) of Division 3 of the Business and Professions Code who is also a bail fugitive recovery agent as defined in paragraph (4) of subdivision (a) of Section 1299.01.
(b)This article
shall not prohibit an arrest pursuant to Sections 837, 838, and 839, provided that no consideration is paid or allowed, directly or indirectly, to any person effecting an arrest pursuant to Sections 837, 838, and 839.
(c)Individuals who hold a bail license, bail fugitive recovery license, bail enforcer license, bail runner license, or private investigator license issued by another state shall not apprehend, detain, or arrest bail fugitives in California, unless that individual obtains a bail fugitive recovery agent license issued in this state and complies with California law.
(d)A person authorized, pursuant to subdivision (a), to apprehend, detain, or arrest a bail fugitive shall not apprehend, detain, or arrest a bail fugitive admitted to bail in another state whose alleged offense or conviction was for the violation of the laws of another state that authorize a
criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of sexual or reproductive health care, including, but not limited to, an abortion, contraception, or gender-affirming care if the sexual or reproductive health care is lawful under the laws of this state, regardless of the recipient’s location. A person who violates this subdivision is guilty of an infraction punishable by a fine of five thousand dollars ($5,000), is ineligible for a license issued pursuant to Chapter 11.3 (commencing with Section 7512) of Division 3 of the Business and Professions Code or Section 1800 of the Insurance Code, and shall forfeit any license already obtained pursuant to those laws. A person who is taken into custody by a bail agent in violation of this subdivision may institute and prosecute a civil action for injunctive, monetary, or other appropriate relief against the bail fugitive recovery agent within three years after the cause of action accrues.
(e)This section shall become operative on July 1, 2023.
Repealed (in Sec. 22) and added by Stats. 2022, Ch. 768, Sec. 23. (AB 2043) Effective January 1, 2023. Operative July 1, 2023, by its own provisions.
(a)A bail fugitive recovery agent, bail agent, bail permittee, or bail solicitor who contracts their services to another bail agent or surety as a bail fugitive recovery agent for the purposes specified in paragraph (4) of subdivision (a) of Section 1299.01, and any bail agent, bail permittee, or bail solicitor who obtains licensing after January 1, 2000, and who engages in the arrest of a defendant pursuant to Section 1301 shall comply with Sections 1800 to 1823, inclusive, of the Insurance Code, and any regulations promulgated by the Insurance Commissioner.
(b)This section shall become operative on July 1, 2023.
Added by Stats. 2012, Ch. 747, Sec. 1. (AB 2029) Effective January 1, 2013.
In performing a bail fugitive apprehension, an individual authorized by Section 1299.02 to apprehend a bail fugitive shall comply with all laws applicable to that apprehension.
Added by Stats. 2012, Ch. 747, Sec. 1. (AB 2029) Effective January 1, 2013.
Before apprehending a bail fugitive, an individual authorized by Section 1299.02 to apprehend a bail fugitive shall have in his or her possession proper documentation of authority to apprehend issued by the bail or depositor of bail as prescribed in Sections 1300 and 1301. The authority to apprehend document shall include all of the following information: the name of the individual authorized by Section 1299.02 to apprehend a bail fugitive and any fictitious name, if applicable; the address of the principal office of the individual authorized by Section 1299.02 to apprehend a bail fugitive; and the name and principal business address of the bail agency, surety company, or other party contracting with the individual authorized by Section 1299.02 to apprehend a bail
fugitive.
Amended by Stats. 2025, Ch. 126, Sec. 8. (SB 805) Effective September 20, 2025.
(a)An individual authorized by Section 1299.02 to apprehend a bail fugitive shall not represent themselves in any manner as being a sworn law enforcement officer.
(b)An individual authorized by Section 1299.02 to apprehend a bail fugitive shall not wear any uniform that represents themselves as belonging to any part or department of a federal, state, or local government. Any uniform shall not display the words United States, Bureau, Task Force, Federal, or other substantially similar words that a reasonable person may mistake for a government agency.
(c)An individual authorized by Section 1299.02 to apprehend a bail
fugitive shall not wear or otherwise use a badge that represents themselves as belonging to any part or department of the federal, state, or local government.
(d)An individual authorized by Section 1299.02 to apprehend a bail fugitive shall not use a fictitious name that represents themselves as belonging to any federal, state, or local government.
(e)An individual authorized by Section 1299.02 to apprehend a bail fugitive may wear a jacket, shirt, or vest with the words “BAIL BOND RECOVERY AGENT,” “BAIL ENFORCEMENT,” or “BAIL ENFORCEMENT AGENT” displayed in letters at least two inches high across the front or back of the jacket, shirt, or vest and in a contrasting color to that of the jacket, shirt, or vest.
(f)An
individual authorized by Section 1299.02 to apprehend a bail fugitive shall not use that position for the purposes of immigration enforcement, except pursuant to a valid judicial warrant or court order.
(g)An individual authorized by Section 1299.02 to apprehend a bail fugitive shall not disclose or provide in writing, verbally, or in any other manner, personally identifiable information of any bail fugitive that is requested for purposes of immigration enforcement, except pursuant to a valid judicial warrant or court order.
(h)For purposes of this section, immigration enforcement includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law, and also includes any and all efforts to
investigate, enforce, or assist in the investigation or enforcement of any federal criminal immigration law that penalizes a person’s presence in, entry or reentry to, or employment in, the United States.
(i)This section does not prohibit or restrict any governmental entity or official from sending to, or receiving from, federal immigration authorities, information regarding the citizenship or immigration status, lawful or unlawful, of an individual, or from requesting from federal immigration authorities immigration status information, lawful or unlawful, of any individual, or maintaining or exchanging that information with any other federal, state, or local governmental entity, pursuant to Sections 1373 and 1644 of Title 8 of the United States Code.
Added by Stats. 2012, Ch. 747, Sec. 1. (AB 2029) Effective January 1, 2013.
(a)Except under exigent circumstances, an individual authorized by Section 1299.02 to apprehend a bail fugitive shall, prior to and no more than six hours before attempting to apprehend the bail fugitive, notify the local police department or sheriff’s department of the intent to apprehend a bail fugitive in that jurisdiction by doing all of the following:
(1)Indicating the name of an individual authorized by Section 1299.02 to apprehend a bail fugitive entering the jurisdiction.
(2)Stating the approximate time an individual authorized by Section 1299.02 to apprehend a bail fugitive will be entering the jurisdiction and the
approximate length of the stay.
(3)Stating the name and approximate location of the bail fugitive.
(b)If an exigent circumstance does arise and prior notification is not given as provided in subdivision (a), an individual authorized by Section 1299.02 to apprehend a bail fugitive shall notify the local police department or sheriff’s department immediately after the apprehension, and upon request of the local jurisdiction, shall submit a detailed explanation of those exigent circumstances within three working days after the apprehension is made.
(c)This section shall not preclude an individual authorized by Section 1299.02 to apprehend a bail fugitive from making or attempting to make a lawful arrest of a bail fugitive on bond pursuant to Section 1300 or 1301. The fact that a bench warrant is not located or entered
into a warrant depository or system shall not affect a lawful arrest of the bail fugitive.
(d)For the purposes of this section, notice may be provided to a local law enforcement agency by telephone prior to the arrest or, after the arrest has taken place, if exigent circumstances exist. In that case the name or operator number of the employee receiving the notice information shall be obtained and retained by the bail, depositor of bail, or bail fugitive recovery person.
Added by Stats. 2012, Ch. 747, Sec. 1. (AB 2029) Effective January 1, 2013.
An individual, authorized by Section 1299.02 to apprehend a bail fugitive shall not forcibly enter a premises except as provided for in Section 844.
Added by Stats. 2012, Ch. 747, Sec. 1. (AB 2029) Effective January 1, 2013.
An individual authorized by Section 1299.02 to apprehend a bail fugitive shall not carry a firearm or other weapon unless in compliance with the laws of the state.
Added by Stats. 2012, Ch. 747, Sec. 1. (AB 2029) Effective January 1, 2013.
Any person who violates this act, or who conspires with another person to violate this act, or who hires an individual to apprehend a bail fugitive, knowing that the individual is not authorized by Section 1299.02 to apprehend a bail fugitive, is guilty of a misdemeanor punishable by a fine of five thousand dollars ($5,000) or by imprisonment in a county jail not to exceed one year, or by both that imprisonment and fine.
Added by Stats. 2012, Ch. 747, Sec. 1. (AB 2029) Effective January 1, 2013.
Nothing in this article is intended to exempt from licensure persons otherwise required to be licensed as private investigators pursuant to Chapter 11.3 (commencing with Section 7512) of Division 3 of the Business and Professions Code.