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IOWA CODE ANNOTATED TITLE III. PUBLIC
SERVICES AND REGULATION SUBTITLE 1. PUBLIC SAFETY CHAPTER 80A. PRIVATE
INVESTIGATIVE AGENCIES AND SECURITY AGENTS 80A.1 – .16A
IOWA CODE ANNOTATED TITLE XVI. CRIMINAL LAW AND PROCEDURE SUBTITLE
2. CRIMINAL PROCEDURE CHAPTER 811. PRETRIAL RELEASE—BAIL 811.3, .6 –
.9
2. Licensing Requirements for Agents.
Iowa has numerous provisions
regulating the licensing of the bail enforcement business and
bailenforcement agents.
IOWA CODE ANNOTATED TITLE III. PUBLIC
SERVICES AND REGULATION SUBTITLE 1. PUBLIC SAFETY CHAPTER 80A. PRIVATE
INVESTIGATIVE AGENCIES AND SECURITY AGENTS 80A.3. Requires a bail
enforcement business to obtain the same license as that for a private
detective. The license must be renewed every two years.
80A.4. Sets forth the license requirements. Applications for a
license or license renewal must be submitted to the commissioner and
no license shall not be issued unless the applicant:
Is eighteen years of age or older.
Is not a peace officer.
Has never been convicted of a felony or
aggravated misdemeanor.
Is not addicted to the use of alcohol
or a controlled substance.
Does not have a history of repeated
acts of violence.
Is of good moral character and has not
been judged guilty of a crime involving moral turpitude.
Has not been convicted of a crime
described in sections 708.3, 708.4, 708.5, 708.6, 708.8, or 708.9.
Has not been convicted of illegally
using, carrying or possessing a dangerous weapon.
Has not been convicted of fraud.
Complies with other qualifications and
requirements the commissioner adopts by rule.
If the applicant is a corporation,
these requirements apply to the president and to each officer,
commissioner or employee who is actively involved in the licensed
business in Iowa. If the applicant is a partnership or association,
the apply to each partner or association member.
Each employee of an applicant or
licensee shall possess the same qualifications required by this
section for a licensee.
80A.5. Requires a licensee fee to be deposited with each
application – to be applied if the application is granted and refunded
if the application is denied.
The fee for a two-year license for a bail enforcement business is
one hundred dollars.
80A.10. Requires each license applicant
to submit bond before receiving a license. The applicant must file a
surety bond with the department with the Department of Public Safety,
in a minimum amount as follows:
Five thousand dollars in the case of an
agency licensed to conduct only a bail enforcement business, private
security business, or a private investigation business.
Ten thousand dollars in the case of an
agency licensed to conduct more than one type of business licensed
under this chapter.
The bond shall be issued by a surety
company authorized to do business in this state and shall be
conditioned on the faithful, lawful, and honest conduct of the
applicant and those employed by the applicant in carrying on the
business licensed.
The bond provides that a person injured
by a breach of the conditions of the bond may bring an action on the
bond to recover legal damages suffered by reason of the breach.
However, the aggregate liability of the surety for all damages shall
not exceed the amount of the bond.
Bonds issued and filed with the
department shall remain in force and effect until the surety has
terminated future liability by a written thirty days' notice to the
department.
80A.10A. Requires each potential licensee to submit proof of
financial responsibility, notwithstanding the minimum bond amount that
must be filed in accordance with section 80A.10.
A license shall not be issued unless the applicant furnishes proof
acceptable to the commissioner of the applicant's ability to pay for
damages resulting from accidents or wrongdoing arising out of the
ownership and operation of a bail enforcement business.
IOWA CODE ANNOTATED TITLE XV. JUDICIAL BRANCH AND JUDICIAL
PROCEDURES SUBTITLE 4.PROBATE—FIDUCIARIES CHAPTER 636.
SURETIES--FIDUCIARIES--TRUSTS—INVESTMENTS SURETY COMPANIES 636.11.
An agent for a company authorized to engage in the business of
becoming surety upon bonds must be a resident of this state for the
purpose of acting on behalf of the surety company with respect to any
bond or bail in criminal cases.
3. Notice of Forfeiture
IOWA CODE ANNOTATED TITLE XVI. CRIMINAL LAW AND PROCEDURE SUBTITLE
2. CRIMINAL PROCEDURE CHAPTER 811. PRETRIAL RELEASE—BAIL 811.6. Sets
forth provisions on bail forfeiture, including notice requirements.
If a defendant fails to appear at the
time and place when the defendant's personal appearance is lawfully
required, the court must direct an entry of the failure to be made of
record, and the undertaking of the defendant's bail, or the money
deposited, is thereupon forfeited.
As a part of the entry, the court shall
direct the sheriff of the county to give ten days' notice in writing
to the defendant and the defendant's sureties to appear and show
cause, if any, why judgment should not be entered for the amount of
bail.
If such appearance is not made,
judgment shall be entered by the court. If appearance is made, the
court shall set the case down for immediate hearing as an ordinary
action.
4. Allotted Time between Forfeiture Declaration and Payment Due
Date.
(See above, second paragraph)
State v. Costello, 1992, 489 N.W.2d 735.
Purpose of statutory ten-day notice requirement prior to entry of
judgment for amount of bail upon forfeiture is to afford surety
opportunity to resist entry of judgment, and not to locate and deliver
defendant to sheriff.
5. Forfeiture Defenses.
IOWA CODE ANNOTATED TITLE XVI. CRIMINAL
LAW AND PROCEDURESUBTITLE 2. CRIMINAL PROCEDURE CHAPTER 811. PRETRIAL
RELEASE—BAIL 811.8. Sets forth a procedure for exonerating a surety
through surrender of a defendant.
At any time before forfeiture of a
bond, the surety may surrender the defendant, or the defendant may
surrender, to the officer to whose custody the defendant was committed
at the time of giving bail.
The officer shall then acknowledge the
surrender by a certificate in writing.
Upon the filing the certificate of the
officer, the court or clerk shall immediately order return of the
money deposited to the surety, or order an exoneration of the surety.
811.9. Establishes that the above
section (811.8) does not apply in a case where a simple misdemeanor is
charged (through a uniform citation) and where the defendant has
submitted an unsecured appearance bond or has submitted bail in the
form of cash, check, credit card. When a defendant fails to appear
such cases, the court shall enter a judgment of forfeiture of the bond
or bail, which shall be final upon entry.
A number of state cases also clarify a
surety’s right to contest forfeiture, and exclude certain excuses.
State v. Costello, 1992, 489
N.W.2d 735. Forfeiture of bail may be avoided only when bondsman shows
some reasonable excuse for failing to produce defendant, and, when
satisfactory explanation for defendant's failure to appear has been
established, court may refuse to enter judgment and may set aside
forfeiture.
State v. Shell, 1951, 45 N.W.2d
851, 242 Iowa 260.Forfeiture of bail may be avoided only where the
bondsmen show some reasonable excuse for failure to produce defendant.
State v. Scott, 1866, 20 Iowa
63. The death of the principal two years after a bond was forfeited
in a criminal action is no defense to an action against the security
on the bond.
6. Remission.
IOWA CODE ANNOTATED TITLE XVI. CRIMINAL LAW AND PROCEDURESUBTITLE
2. CRIMINAL PROCEDURE CHAPTER 811. PRETRIAL RELEASE—BAIL 811.6 Gives
provisions for setting aside forfeiture judgements.
Where a forfeiture and judgment have
been entered as provided in this section, and the amount of the
judgment has been paid to the clerk, the clerk shall hold the money
for a period of sixty days from the date of judgment.
The court may, upon application, set
aside such judgment if, within sixty days from the date thereof, the
defendant shall voluntarily surrender to the sheriff of the county, or
the defendant's sureties shall, at their own expense, deliver the
defendant to the custody of the sheriff.
Such judgment shall not be set aside,
however, unless as a condition precedent thereto, the defendant and
the defendant's sureties shall have paid all costs and expenses
incurred in connection therewith.
Iowa case law establishes the remission is available, at the
discretion of the court.
State v. Kraner, 1879, 50 Iowa 582.The court may, at its
discretion, remit the whole or any part of the amount of a bail bond
before judgment is entered, if the defendant be surrendered.
7. Bail Agent’s Arrest Authority.
IOWA CODE ANNOTATED TITLE XVI. CRIMINAL LAW AND PROCEDURESUBTITLE
2. CRIMINAL PROCEDURE CHAPTER 811. PRETRIAL RELEASE—BAIL
811.8.Establishes a bail agent’s arrest authority.
For the purpose of surrendering the
defendant, the surety may at any time arrest the defendant, or, by
written authority endorsed on a certified copy, empower a person
(subject to meeting the criteria outlined in #2, licensing
requirements) of suitable age and discretion to do so.
In making an arrest, the surety or any
person empowered by the surety shall possess no more authority than a
peace officer would possess in making a lawful arrest.
8. Other Noteworthy Provisions.
IOWA CODE ANNOTATED TITLE III. PUBLIC SERVICES AND REGULATION
SUBTITLE 1. PUBLIC SAFETY CHAPTER 80A. PRIVATE INVESTIGATIVE AGENCIES
AND SECURITY AGENTS
80A.7. Sets forth provisions requiring identification cards for
persons receiving a license to operate in the bail enforcement
business.
The department shall issue to each
licensee and to each employee of the licensee an identification card
in a form approved by the commissioner. The application for a
permanent identification card shall include a temporary identification
card valid for fourteen days from the date of receipt of the
application by the applicant.
The fee for each identification card is
ten dollars.
It is unlawful for an agency licensed
under this chapter to employ a person to act in the bail enforcement
business unless the person has in their immediate possession an
identification card.
The licensee is responsible for the use
of identification cards by the licensee's employees and shall return
an employee's card to the department upon termination of the
employee's service. Identification cards remain the property of the
department.
80A.9. Gives regulations on the use of badges and uniforms by bail
enforcement agents. A bail enforcement agent shall not do any of the
following:
Use a badge or identification card
other than one which is in accordance with the laws of the state of
origin.
Wear a uniform or make a statement that
gives the impression that the agent is a peace officer.
IOWA CODE ANNOTATED TITLE III. PUBLIC SERVICES AND REGULATION
SUBTITLE 1. PUBLIC SAFETY CHAPTER 80A. PRIVATE INVESTIGATIVE AGENCIES
AND SECURITY AGENTS 80A.1. Provides definitions of important terms
such as "bail enforcement agent" and "bail enforcement business."
"Bail enforcement agent:" a person
engaged in the bail enforcement business, including in-state licensees
and persons whose principal place of business is in a state other than
Iowa.
"Bail enforcement business:" means the
business of taking or attempting to take into custody the principal on
a bail bond issued in relation to a criminal proceeding to assure the
presence of the defendant at trial, but does not include actions
undertaken by a a law enforcement officer in the course of official
duties.
IOWA CODE ANNOTATED TITLE III. PUBLIC
SERVICES AND REGULATION SUBTITLE 1. PUBLIC SAFETY CHAPTER 80A. PRIVATE
INVESTIGATIVE AGENCIES AND SECURITY AGENTS 80A.3A.Sets forth
requirements for notification of and registration for out-of-state
bail enforcement agents with local law enforcement when conducting an
undertaking within the state of Iowa.
IOWA CODE ANNOTATED TITLE III. PUBLIC
SERVICES AND REGULATION SUBTITLE 1. PUBLIC SAFETY CHAPTER 80A. PRIVATE
INVESTIGATIVE AGENCIES AND SECURITY AGENTS 80A.16A. Establishes the
civil liability of bail enforcement agents to injured third parties.
A person other than a defendant who is
injured in person or property by the actions of a bail enforcement
agent in taking or attempting to take a defendant into custody may
bring a civil action for damages against such agent and the bail
enforcement business for breach of any applicable standard of care.
In such civil actions a judgment shall
include an award of treble damages, and recovery of costs and
reasonable attorney fees.
IOWA CODE ANNOTATED TITLE XVI. CRIMINAL LAW AND PROCEDURE SUBTITLE
2. CRIMINAL PROCEDURE CHAPTER 811. PRETRIAL RELEASE—BAIL
811.3.Establishes the right of a court, clerk, or magistrate to
examine the qualifications of a surety, under oath, prior to releasing
a prisoner on bail.
9. Noteworthy State Appellate Decisions.
STATE of Iowa,
Appellee, v. HAWKEYE BAIL BONDS, SURETY,
Appellant.
No.
96-764.
Supreme Court of
Iowa. June 18,
1997.
Hawkeye Bail Bonds acted as surety on two bonds posted by Juan Jose
Rojas- Cardona (the defendant) in two separate appeals from criminal
convictions. After the convictions were affirmed on appeal, the
defendant requested and obtained delays in the issuance of the
mittimus in each case. When the extended time expired and the
defendant did not appear, the court forfeited his bonds. The surety
appealed.
Hawkeye raises three issues on appeal: (1) whether the court's
delays in the issuance of the mittimus were illegal, thus relieving
the surety of its obligation; (2) whether extending the mittimus
improperly modified Hawkeye's obligation; and (3) whether the
defendant's appearance at the August 5, 1994 probation revocation
hearing constituted an appearance that would satisfy Hawkeye's
obligation.
The court concludes that nothing in the statutes prohibited the
extension of the time for issuance of the mittimus. The court further
concludes that the court's extension of the time for execution of the
judgments did not modify the bail bonds so as to relieve Hawkeye of
its liability. In the present case, however, the bond required that
the defendant surrender himself in execution of the judgment. This
never occurred. Although the defendant was in the presence of the
court after the appeal on August 5, 1994, the actual execution of his
judgment was not set until November 15, 1994. The defendant did not
appear, and the terms of the bond were not fulfilled. The court agrees
with the district court that the surety remains liable under these
appeal bonds. The decision is affirmed.
STATE of Iowa, Appellee, v. Phillip McFARLAND,
Appellant.
No.
97-1928.
Court of Appeals of
Iowa.
April 30, 1999.
Philip McFarland and Edward Green claimed to be bounty hunters. In
March 1997, they allegedly received a tip that Maurecio Gomez had
skipped bail and was staying at a mobile home park in Des Moines. On
March 18, 1997, sometime between 1:30 and 2:30 a.m., McFarland and
Green arrived at the mobile home of Wendell and Sandy Leach. The
Leaches and three of their four children were home. McFarland began
pounding on the front door of the Leach mobile home. When Wendell Jr.
asked what was going on, McFarland broke the front door open and
barged into the home. In the process, the door flew open and Wendell
Jr. was knocked against a closet. McFarland said he was a bounty
hunter and stated he was "looking for some Mexicans." Sandy and
Wendell argued with McFarland about his being in their home. McFarland
threatened to "smack" Sandy if she did not "shut up." When McFarland
realized Gomez was not connected with the Leaches, he apologized, left
the home, and went to the trailer next door. McFarland was charged
with second-degree burglary.
At trial, McFarland's request for a jury instruction on a citizen's
arrest, which he claimed encapsulated his defense, was denied.
McFarland was convicted of second- degree burglary and sentenced to an
indeterminate ten-year sentence. McFarland appeals.
The court holds the citizen's arrest defense can not be used as an
affirmative defense to burglary or assault when unlawful entry or
force is used against an innocent third person, who is neither a felon
nor a person interfering with the lawful arrest of a felon. Courts
from several other states have held the same. The court finds that for
these reasons, the trial court did not err in refusing to give the
jury instruction.
Other Notable cases.
State v. Sellers, 1977, 258 N.W.2d 292. Fact that agent who
executed bail bonds was not licensed by the State of Iowa did not
preclude insurer from being held liable on the bonds.
10. Bounty Hunter Provisions.
Bounty Hunters are termed "Bail Enforcement Agents" in Iowa’s
statutes. Rules governing such are primarily given above under #2 –
Licensing Requirements for Agents. No separate regulations exist for
"Bounty Hunters."