AB567: Bill Text

The bill also establishes certification requirements for bail recovery agents. A bail recovery agent is an individual who is compensated to locate, apprehend, transport, or surrender a principal on a bail bond. Under the bill, only an individual who is already licensed by DSPS as a private investigator may be certified as a bail recovery agent in Wisconsin.

Under the bill, DSPS is required to keep a register of the names and addresses of all licensed bail bond agents and agencies and all certified bail recovery agents. DSPS must make that register available to the public. Additionally, on an annual basis, DSPS must provide a complete list to the clerk of circuit court in each county that includes the names and addresses of all licensed bail bond agents and agencies and all certified bail recovery agents, and DSPS is required to promptly notify the clerk of circuit court in each county concerning any disciplinary action DSPS takes against a licensed bail bond agent or agency or a certified bail recovery agent.

The bill requires that a licensed bail bond agency file a bond or liability policy with DSPS in an amount determined by DSPS by rule and that a licensed bail bond agent who is not covered under an agency's bond or liability policy file a bond or liability policy with DSPS in an amount determined by DSPS by rule.

The bill establishes specific restrictions concerning business referrals. No bail bond agent or agency or bail recovery agent, and no agent or employee of a bail bond agent or agency or bail recovery agent, may in the course of its business suggest that a principal on a bail bond or prospective principal on a bail bond contact or engage the services of a specific attorney or law firm. Also under the bill, no law enforcement officer or other employee of the state or of a city, village, town, or county may suggest that a defendant contact or engage the services of a specific bail bond agent or agency.

The bill directs DSPS to promulgate rules to administer licensure of bail bond agents and agencies and certification of bail recovery agents. The rules promulgated by DSPS must do at least all of the following:

1. Establish photograph identification requirements for bail bond agents and bail recovery agents.

2. Establish rules of conduct for bail bond agents and agencies and bail recovery agents, including rules that prohibit the use or display of badges, shields, or other similar images or items normally associated with law enforcement; rules that require contact with local law enforcement before an attempt is made to apprehend a principal on a bail bond; and rules that establish other requirements concerning the location, apprehension, transportation, and surrender of principals.

3. Establish procedures for the temporary certification of bail recovery agents from other states. Under the bill, DSPS may also enter into reciprocal agreements with other states concerning the activities of bail bond agents and agencies and bail recovery agents in the respective states.

4. Establish appropriate education, training, examination, and other requirements for the initial licensure of bail bond agents and the initial certification of bail recovery agents and establish appropriate continuing education, training, and other requirements for the renewal of those licenses and certifications.

In promulgating its rules, the bill requires DSPS to consult the laws of other states and federal law regarding bail bond agents, bail bond agencies, and bail recovery agents, and the bill requires DSPS to attempt to make its rules consistent with those laws. The bill authorizes DSPS to issue emergency rules.

The bill further authorizes DSPS to take disciplinary action, including imposing forfeitures established by DSPS by rule, but not exceeding $5,000, against a bail bond agent or agency or a bail recovery agent that does any of the following:

1. Intentionally makes a material misstatement in an application for a license or license renewal or a certification or certification renewal.

2. Advertises in a manner that is false or misleading.

3. Obtains or attempts to obtain compensation through fraud or deceit.

4. Violates the law, including rules promulgated by DSPS, regarding bail bond agents and agencies and bail recovery agents or violates any other Wisconsin law, any law of another state, or any federal law that substantially relates to the activity of a bail bond agent or agency or a bail recovery agent.

5. Engages in unprofessional conduct.

Finally, the bill requires DSPS to establish an advisory committee to advise DSPS on matters relating to the regulation of bail bond agents and agencies and bail recovery agents. Under the bill, the committee must consist of six members appointed by DSPS and one member appointed by the governor. The members of the committee serve three-year terms and may not serve more than two consecutive terms. The committee must consist of the following members:

1. One private criminal defense attorney admitted to practice law in Wisconsin.

2. One current or former law enforcement officer in Wisconsin.

3. One current or former Wisconsin circuit court judge.

4. One member of the public who is a Wisconsin citizen and who is not a current or former law enforcement officer.

5. One member of the legislature, who is nominated by the governor and appointed with the advice and consent of the senate.

6. Two representatives of the bail bond industry in Wisconsin.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB567, s. 1 Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

AB567, s. 2 Section 2. 20.165 (1) (gk) of the statutes is created to read:

AB567,4,8 20.165 (1) (gk) Bail bond agents. The amounts in the schedule for the administration of bail bond agent licenses, bail bond agency licenses, and bail recovery agent certifications under ss. 440.28 to 440.289. All moneys received from fees collected under s. 440.282 (1) (d), (2) (c), and (4) (b) shall be credited to this appropriation account.

AB567, s. 3 Section 3. 440.03 (13) (b) 12g. of the statutes is created to read:

AB567,4,10 440.03 (13) (b) 12g. Bail bond agent.

AB567, s. 4 Section 4. 440.03 (13) (b) 12r. of the statutes is created to read:

AB567,4,12 440.03 (13) (b) 12r. Bail recovery agent.

AB567, s. 5 Section 5. 440.08 (2) (a) 15e. of the statutes is created to read:

AB567,4,14 440.08 (2) (a) 15e. Bail bond agency: December 1 of each odd-numbered year.

AB567, s. 6 Section 6. 440.08 (2) (a) 15m. of the statutes is created to read:

AB567,5,2 440.08 (2) (a) 15m. Bail bond agent: December 1 of each even-numbered year.

AB567, s. 7 Section 7. 440.08 (2) (a) 15s. of the statutes is created to read:

AB567,5,5 440.08 (2) (a) 15s. Bail recovery agent: September 1 of each even-numbered year.

AB567, s. 8 Section 8. Subchapter II (title) of chapter 440 [precedes 440.26] of the statutes is amended to read:

AB567,5,8 CHAPTER 440

AB567,5,9 SUBCHAPTER II

AB567,5,12 PRIVATE DETECTIVES, PRIVATE SECURITY PERSONS, BAIL BOND AGENTS, AND BAIL RECOVERY AGENTS

AB567, s. 9 Section 9. 440.28 of the statutes is created to read:

AB567,5,14 440.28 Definitions. In this section and ss. 440.281 to 440.289:

AB567,5,15 (1) "Bail bond" means a bond executed under ch. 969.

AB567,5,17 (2) "Bail bond agency" means an entity that is compensated to act as a surety for a bail bond under ch. 969.

AB567,5,19 (3) "Bail bond agent" means an individual who is compensated to act as a surety for a bail bond under ch. 969.

AB567,5,21 (4) "Bail recovery agent" means an individual who is compensated to locate, apprehend, transport, or surrender a principal.

AB567,5,23 (5) "Business" means a sole proprietorship, partnership, limited liability company, joint venture, or corporation.

AB567,5,25 (6) "Business representative" means an owner, officer, director, manager, member, partner, or other principal of a business.

AB567,6,2 (7) "Certified bail recovery agent" means an individual who is certified under s. 440.282 (3).

AB567,6,3 (8) "Law enforcement officer" has the meaning given in s.165.85 (2) (c).

AB567,6,4 (9) "Licensed agency" means a business that is licensed under s. 440.282 (2).

AB567,6,5 (10) "Licensed agent" means an individual who is licensed under s. 440.282 (1).

AB567,6,7 (11) "Principal" means a defendant who is released on a bail bond under ch. 969.

AB567, s. 10 Section 10. 440.281 of the statutes is created to read:

AB567,6,12 440.281 License required. (1) Bail bond agents and agencies. (a) No individual may act as a bail bond agent in this state unless the individual is a licensed agent and the bail bond is underwritten by a surety company authorized to do business in this state.

AB567,6,15 (b) No business may act as a bail bond agency in this state unless the business is a licensed agency and the bail bond is underwritten by a surety company authorized to do business in this state.

AB567,6,18 (2) Bail recovery agents. Except as provided in s. 440.289 (1) (c), no individual may act as a bail recovery agent in this state unless the individual is a certified bail recovery agent.

AB567, s. 11 Section 11. 440.282 of the statutes is created to read:

AB567,6,23 440.282 Licensure of bail bond agents and agencies; bail recovery agent certification. (1) Bail bond agents. The department shall grant a license to act as a bail bond agent to an individual if the department determines that all of the following requirements are met:

AB567,7,2 (a) The individual submits an application for the license to the department on a form prescribed by the department. The application shall include the individual's name and address, a recent photograph of the individual, and any other information required by the department by rule.

AB567,7,4 (b) The individual satisfies the education, training, and examination requirements established by the department by rule.

AB567,7,6 (c) Subject to ss. 111.321, 111.322, and 111.335, the individual does not have an arrest or conviction record.

AB567,7,7 (d) The individual pays an initial licensure fee of $1,000.

AB567,7,9 (e) The individual satisfies any other requirements established by the department by rule.

AB567,7,12 (2) Bail bond agencies. The department shall grant a license to act as a bail bond agency to a business if the department determines that all of the following requirements are met:

AB567,7,17 (a) The business submits an application to the department on a form prescribed by the department. The application shall include the business's name and address, the name and addresses of the business representatives of the business and any bail bond agents who are employed by the business, and any other information required by the department by rule.

AB567,7,19 (b) The business has at least one business representative who is a licensed agent.

AB567,7,20 (c) The business pays the initial credential fee of $1,000.

AB567,7,22 (d) The business satisfies any other requirements established by the department by rule.

AB567,7,25 (3) Bail recovery agents. The department shall grant a certification to act as a bail recovery agent to an individual if the department determines that all of the following requirements are met:

AB567,8,4 (a) The individual submits an application for the certification to the department on a form prescribed by the department. The application shall include the individual's name and address, a recent photograph of the individual, and any other information required by the department by rule.

AB567,8,6 (b) The individual is a private detective who is licensed under s. 440.26 (2) (a) 2.

AB567,8,8 (c) The individual satisfies the education, training, and examination requirements established by the department by rule.

AB567,8,10 (d) Subject to ss. 111.321, 111.322, and 111.335, the individual does not have an arrest or conviction record.

AB567,8,12 (e) The individual satisfies any other requirements established by the department by rule.

AB567,8,17 (4) Renewal. (a) The renewal dates for licenses granted under subs. (1) and (2) and certifications granted under sub. (3) are specified in s. 440.08 (2) (a) 15e., 15m., and 15s. A renewal application shall be submitted to the department on a form prescribed by the department and shall include any information required by the department by rule.

AB567,8,19 (b) The renewal application for a licensed agent or a licensed agency shall include a renewal fee of $1,000.

AB567, s. 12 Section 12. 440.283 of the statutes is created to read:

AB567,9,2 440.283 Information concerning licensed agents, licensed agencies, and certified bail recovery agents. (1) Register. The department shall compile and keep current a register of the names and addresses of all licensed agents, licensed agencies, and certified bail recovery agents. The department shall make that register available for public inspection during the times specified in s. 230.35 (4) (a). The department may also make the register available to the public on a Web site maintained by the department.

AB567,9,5 (2) Register provided to court clerks. Annually, the department shall provide a complete copy of the register kept under sub. (1) to the clerk of circuit court in each county.

AB567,9,9 (3) Notice of disciplinary action. The department shall promptly notify the clerk of circuit court in each county concerning any action taken by the department under. s. 440.288 (2) against a licensed agent, licensed agency, or certified bail recovery agent.

AB567, s. 13 Section 13. 440.284 of the statutes is created to read:

AB567,9,14 440.284 Bond or liability policy required. (1) Licensed agencies. Each licensed agency shall file with the department a bond or liability policy, approved by the department, in an amount determined by the department by rule that covers all licensed agents of the agency.

AB567,9,18 (2) Licensed agents. Each licensed agent who is not included under a bond or liability policy under sub. (1) shall file with the department a bond or liability policy, approved by the department, in an amount determined by the department by rule.

AB567, s. 14 Section 14. 440.286 of the statutes is created to read: