Laws Governing Bail Recovery
RSA 597:7-b Bail Agents and Recovery Agents; Certification and Registration; Notification to Local Law Enforcement Required.
I. In this section:
(a) "Bail agent" means any person appointed by an insurer by power of attorney to execute or countersign bail bonds for the insurer in connection with judicial proceedings and who receives a premium.
(b) "Recovery agent" means a person who meets the requirements of paragraph II of this section and who is offered or given any compensation by a bail agent or surety in exchange for assisting the bail agent or surety in apprehending or surrendering any defendant, or keeping the defendant under necessary surveillance.
II. Any person who operates as a recovery agent in this state, excluding licensed private detectives, shall be trained and certified through a program approved by the Professional Bail Agents of the United States and shall register annually with the Secretary of State. The Secretary of State shall issue to each registered recovery agent proof of such registration. Effective July 1, 2000, each bail agency operating in this state shall annually provide to the Secretary of State proof of liability insurance coverage in the amount of $300,000 for bail recovery activities of the agency's bail agents and bail recovery agents. This proof of insurance coverage shall be provided before the agency's bail agents are licensed or re-licensed, and before the agency's bail recovery agents are registered or reregistered. Bail recovery agents acting as independent contractors shall provide proof of liability insurance coverage in the amount of $300,000 to the Secretary of State before registration or re-registration. Any person who operates as a recovery agent in this state without meeting such certification, insurance, and registration requirements shall be guilty of a class A misdemeanor.
III. A bail agent or recovery agent searching for a person who has violated conditions of release shall notify a municipality's chief law enforcement officer if the search is to be conducted in the municipality's jurisdiction. A bail agent or recovery agent who violates the provisions of this paragraph shall be guilty of a class A misdemeanor.
299:2 Effective Date. This act shall take effect January 1, 2000.
(Approved: July 16, 1999)
(Effective Date: January 1, 2000)