1. Applicable Statutes.
*** Delaware’s statutes currently do not contain comprehensive
regulations for bail bond recovery or bail enforcement agents, though
some provisions exist regarding forfeiture. The most comprehensive
regulations are contained in the proposed House Bill No. 226. The
applicable provisions in this bill are, therefore, given for information
purposes on what will likely become Delaware law regarding bail
enforcement agents. It should be remembered, however, that this bill is
not current law and may not become such. A summary of the bill and the
bill’s status are given below. ***
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Family Court Rules of Criminal
Procedure, Rule 46 MICHIE'S DELAWARE CODE ANNOTATED RULES COURT RULES
for the FAMILY COURT of the STATE OF DELAWARE Rules of Criminal
Procedure X. GENERAL PROVISIONS RULE 46. BAIL.
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1999 Delaware House Bill No. 226,
Delaware 140th General Assembly Introduced Version Date May 12, 1999.
- SUMMARY: Requires bail enforcement agents, commonly known as
bounty hunters, to be licensed by the Department of Public Safety;
requires bail agents searching for a person to notify the State
Police and a municipality's chief law enforcement officer prior to
searching or apprehending a person within the municipality's
jurisdiction.
2. Licensing Requirements for Agents.
- 1999 Delaware House Bill No. 226, Delaware 140th General Assembly
Introduced Version Date May 12, 1999 Section 5402. Definitions.
- "Bounty hunter" or "bail enforcement agent" as used within this
chapter shall mean any person, or cooperative of persons, whose
services or actions
are performed for the purpose of capturing a fugitive, and including,
but not limited to, any person who engages in the apprehension and
return of persons who are released on bail and who have failed to
appear at any stage of the
proceedings to answer the charge before the court in which they may
beprosecuted.
- Section 5404. Licensing.
- The Secretary of the Department of Public Safety is authorized to
adopt
regulations regarding the licensure and registration of bounty hunters
and
bail enforcement agents, which may include the term of a license or
registration, and may charge a fee not to exceed $500 for each
application
and each renewal of an existing license. At a minimum, an applicant
for a
license to serve as a bail enforcement agent or bounty hunter must
affirmatively show that:
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The applicant is at least 21 years of
age and is of good moral character;
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The applicant has never been
convicted in this State or elsewhere of a felony or a crime of
violence involving physical injury to another, whether or not armed
with or having in possession any weapon during the commission of
such felony or crime of violence;
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The applicant has never been
committed for a mental disorder to any hospital, mental institution
or sanitarium, unless the person possesses a certificate of a
medical doctor or psychiatrist licensed in this State that the
person is no longer suffering from a mental disorder which
interferes or handicaps the person from handling deadly weapons;
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The applicant has never been
convicted for the unlawful use, possession or sale of a narcotic,
dangerous drug or central nervous system depressant or stimulant as
those terms were defined prior to the effective date of the
Uniform Controlled Substances Act in June, 1973, or of any narcotic,
drug orcontrolled substance as defined in Chapter 47 of Title 16.
3. Notice of Forfeiture
- DELAWARE CODE ANNOTATED RULES RULES OF THE SUPREME COURT OF THE
STATE OF DELAWARE PART III. APPEALS -- SPECIAL PROVISIONS RULE 32.
STAYS AND INJUNCTIONS PENDING APPEAL; SUPERSEDEAS AND COST BONDS (d)
Bond in a Criminal Case.
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(ii) Forfeiture. If there is a breach
of condition of a bond, this Court or the trial court may declare a
forfeiture of the bail.
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(iv) Enforcement. When a forfeiture has
not been set aside, the trial court shall on motion enter a judgment
of default and execution may issue thereon. By entering into a bond,
the obligors submit to the jurisdiction of the trial court and
irrevocably appoint the clerk of that court as their agent upon whom
any papers affecting their liability may be served. The liability may
be enforced on motion without the necessity of an independent action.
The motion and such notice of the motion as the court prescribes may
be served on the clerk of the court, who shall forthwith mail a copy
to each obligor at the obligor's last known address.
- (See also – DELAWARE CODE ANNOTATED RULES, RULES OF CRIMINAL
PROCEDURE FOR THE SUPERIOR COURT OF THE STATE OF DELAWARE X. GENERAL
PROVISIONS RULE 46. RELEASE FROM CUSTODY – for similar provisions)
4. Allotted Time between Forfeiture Declaration and Payment Due Date.
- DELAWARE CODE ANNOTATED TITLE 10. COURTS AND JUDICIAL PROCEDURE
PART III. PROCEDURE CHAPTER 39. PLEADING AND PRACTICE § 3903 Bail
bonds, recognizances, peace bonds or appearance bonds; actions on.
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Whenever any court orders and adjudges
a bail bond forfeited, then in any action on such forfeited bail bond
for the appearance of a defendant or of a witness, if a copy of such
bail bond has been filed with the complaint,
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The Attorney General, or any other
attorney, on behalf of the State, or plaintiff, shall be at liberty to
move for judgment after the defendant's time for filing his or her
answer has expired,
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Unless the defendant or one of
the defendants, if there be more than one, or some one for such
defendant or defendants, has filed an affidavit of defense in the
action, stating therein the nature and character of the same.
5. Forfeiture Defenses.
- DELAWARE CODE ANNOTATED RULES RULES OF THE SUPREME COURT OF THE
STATE OF DELAWARE PART III. APPEALS -- SPECIAL PROVISIONS RULE 32.
STAYS AND INJUNCTIONS PENDING APPEAL; SUPERSEDEAS AND COST BONDS (d)
Bond in a Criminal Case.
-
(iii) Setting Aside. This Court or
the trial court may direct that a forfeiture be set aside, upon such
conditions as the Court may impose, if it appears that justice does
not require enforcement of the forfeiture.
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(vi) Exoneration. When the condition
of the bond has been satisfied or the forfeiture thereof has been
set aside or remitted, the court shall exonerate the obligors and
release any bail. A surety may be exonerated by a deposit of cash in
the amount of the bond or by a timely surrender of defendant into
custody.
- DELAWARE CODE ANNOTATED RULES, RULES OF CRIMINAL PROCEDURE FOR THE
SUPERIOR COURT OF THE STATE OF DELAWARE X. GENERAL PROVISIONS RULE 46.
RELEASE FROM CUSTODY
- (f) Exoneration. When the condition of the bond has been satisfied
or the forfeiture thereof has been set aside or remitted, the court
shall exonerate the obligors and release any bail. A surety may be
exonerated by a deposit of cash in the amount of the bond or by a
timely surrender of the defendant into custody
6. Remission.
- DELAWARE CODE ANNOTATED RULES RULES OF THE SUPREME COURT OF THE
STATE OF DELAWARE PART III. APPEALS -- SPECIAL PROVISIONS RULE 32.
STAYS AND INJUNCTIONS PENDING APPEAL; SUPERSEDEAS AND COST BONDS (d)
Bond in a Criminal Case.
- (v) Remission. After entry of such judgment, the court may remit
it in whole or in part under the conditions applying to the setting
aside of forfeiture in subparagraph (iii) of this paragraph.
- (See also – DELAWARE CODE ANNOTATED RULES, RULES OF CRIMINAL
PROCEDURE FOR THE SUPERIOR COURT OF THE STATE OF DELAWARE X. GENERAL
PROVISIONS RULE 46. RELEASE FROM CUSTODY – for similar provisions)
7. Bail Agent’s Arrest Authority.
- DELAWARE CODE ANNOTATED TITLE 11. CRIMES AND CRIMINAL PROCEDURE
PART II. CRIMINAL PROCEDURE GENERALLY CHAPTER 25. EXTRADITION AND
DETAINERS SUBCHAPTER I. EXTRADITION; UNIFORM CRIMINAL EXTRADITION LAW
§ 2518 Forfeiture of bail.
- If the prisoner is admitted to bail, and fails to appear and
surrender according to the conditions of the bond, the judge or
justice of the peace by proper order shall declare the bond forfeited
and order the accused's immediate arrest, without warrant
if the accused is within this State. Recovery may be had on such
bond in the name of the State as in the case of other bonds given
by the accused in criminal proceedings within this State.
- 1999 Delaware House Bill No. 226, Delaware 140th
General Assembly (FULL TEXT- STATE NET) VERSION: Introduced Version
Date May 12, 1999
- "Definitions" under Section 5402 of (see #2, Licensing
Requirements) implies that Bail Enforcement Agents and Bounty Hunters
have the authority to arrest.
8. Other Noteworthy Provisions.
- 1999 Delaware House Bill No. 226, Delaware 140th
General Assembly Introduced Version Date May 12, 1999 Section 5403.
Prohibited conduct.
- No person, other than a certified law enforcement officer, shall
apprehend, detain, or arrest a suspected fugitive on behalf of another
person, including a principal on a bond, wherever issued, unless that
person is licensed by the Secretary of the Department of Public
Safety.
- Section 5405. Police Notification.
-
Every bail enforcement agent or bounty hunter who
enters this State or any political subdivision thereof in pursuit of,
and for the purpose of, capturing a fugitive shall, prior to taking
any action in his or her capacity as a bail agent or bounty hunter in
this State or any political subdivision thereof, notify the
Superintendent of the State Police and the Chief of Police of the
political subdivision in which the surveillance and/or apprehension is
to take place. Notification shall be by registration on a form
provided by the Superintendent of the State Police and by the local
police department. A bounty hunter or bail enforcement agent must also
present proof that he or she possesses a valid license issued by the
Department of Public Safety pursuant to this chapter.
- Section 5406. Penalties.
- Any person who violates this chapter shall be guilty of a Class F
felony."
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MICHIE'S DELAWARE CODE ANNOTATED RULES, RULES OF CIVIL
PROCEDURE FOR THE SUPERIOR COURT OF THE STATE OF DELAWARE XIII.
MISCELLANEOUS PROVISIONS Current with amendments received through
10-15-1995.
- RULE 108. SURETIES
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(a) Surety Companies. Each surety
company shall, in the month of January in each year, file with the
Prothonotary of the Superior Court, in each county in which such
surety company is engaged in business, a power of attorney authorizing
the execution of bonds by the attorney in fact designated in said
power of attorney, before the Courts shall accept or approve such
company as surety. Nothing herein contained shall prohibit the
execution by a surety company of any bond within this State by its
proper officers as required by law.
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(b) Attorneys and Other Officers. No
attorney, or other officer of this Court, shall be taken, directly or
indirectly, as special bail or surety in any case pending in, or
appealed to, this Court. This prohibition shall also apply to any
agent, employee, member of the immediate family of any such attorney
or court officer, or any corporation in which such attorney or court
officer owns a controlling interest. This prohibition shall not apply
to any bond in which the attorney, court officer, agent, employee or
family member, as above defined, may be the principal. The phrase
"member of the immediate family" shall include the spouse, father,
mother, father-in-law, mother-in-law, son, daughter, brother, sister,
brother-in-law or sister-in-law or any such attorney or court officer.
9. Noteworthy State Appellate Decisions.
- U. S. v. Hudson
313 F.Supp. 422
D.C.Del. 1970.
June 9, 1970.
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Proceeding on application by sureties
on bail bond to set aside forfeiture of bond, remit default judgment
entered and exonerate petitioners.
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The District Court, Latchum, J., held
that where defendant was notified by his counsel of contents of order
setting dates for pretrial conference and trial, and defendant's
waiver of attendance at pretrial conference contained certification by
his attorneys that defendant had been advised of right to be present
at every stage of trial, order was sufficient notice of trial time and
date and defendant's obligation to be present at trial, and forfeiture
of defendant's bail upon his nonappearance for trial was lawful.
Application denied.
- State v. Edwards
1995 WL 44267
Del. Superior Court
Jan 31, 1995
- On August 26, 1994, Fred Frank Bail Bondsman, Inc. ("FFBBI") filed
a motion requesting that this Court rehear a bail forfeiture motion it
had granted on June 17, 1994. An evidentiary hearing was held on
September 20, 1994 on the Motion for Rehearing. This is the Court's
decision on that motion.
- Because the specific language used by International Fidelity on
the faces of its powers of attorney specifically prohibits attaching
multiple powers of attorney to any one bond, the court finds that the
movants have sufficiently established pursuant to Rule 46(e)(3) that
justice does not require forfeiture for the total amount of the bonds
in question.
- Golla v. State
11 Terry 497, 50 Del. 497, 135 A.2d 137
Del. Supreme Court
Oct 03, 1957
- The Supreme Court, Wolcott, J., held that where prisoner was taken
into custody in Pennsylvania by Delaware policemen who were acting as
agents for the bondsman under authority of a bail piece, extradition
proceedings in Pennsylvania were not required prior to prisoner's
removal to Delaware.
Affirmed.
10. Bounty Hunter Provisions.
- At this time, there appear to be no specific regulations for
"Bounty Hunters" in the Delaware statutes in addition to those in the
proposed House Bill No. 226.
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