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REFERENCE TITLE: bail recovery agents; requirements |
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State of Arizona Senate Fiftieth Legislature Second Regular Session 2012
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SB 1285 |
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Introduced by Senator McComish: Representative McLain
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AN ACT
Amending section 20‑340.04, Arizona Revised Statutes; relating to bail recovery agents.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 20-340.04, Arizona Revised Statutes, is amended to read:
20-340.04. Bail recovery agent qualifications; prohibitions; criminal records checks
A. No person who has been convicted in any jurisdiction of theft, any felony or any crime involving the carrying or illegal use or possession of a deadly weapon or dangerous instrument may act as a bail recovery agent.
B. A person who applies to be a bail recovery agent shall submit a full set of fingerprints to the department before acting as a bail recovery agent and shall submit a new set of fingerprints on or before September 1 of every third year after initial identification by the bail bond agent in the report that is filed with the director pursuant to section 13‑3885, subsection C. The department of insurance shall submit the fingerprints to the department of public safety for the purpose of obtaining a state and federal criminal records check pursuant to section 41‑1750 and Public Law 92‑544. The fingerprint processing fee collected by the department shall be an amount that does not exceed the cost to the department that is charged by the federal bureau of investigation for the fingerprint processing to obtain federal criminal history record information. The department of public safety may exchange this fingerprint data with the federal bureau of investigation. The department of public safety shall provide the criminal history record information to the director pursuant to section 41‑1750. A person shall not be registered as a bail recovery agent until the department of insurance has received the information from the department of public safety and has determined that the person is qualified.
C. Any person who acts as a bail recovery agent on behalf of any bail bond agent and any person who conducts any action relating to a bail recovery or apprehension must be identified by the bail bond agent in the report that is filed with the director pursuant to section 13‑3885, subsections C and D.
D. A bail bond agent may not employ a bail recovery agent who does not comply with this section and who has not been identified by the bail bond agent in the report that is filed with the director pursuant to section 13‑3885, subsection C. A bail bond agent may not employ a bail recovery agent who is a peace officer and who is certified by the Arizona peace officer standards and training board. A bail bond agent who is not licensed in this state shall contract with a bail bond agent in this state to retain the services of a bail recovery agent in this state.
E. In addition to the fingerprint requirements under subsection B of this section, a person who applies to be a bail recovery agent shall:
1. Submit an affidavit attesting to the person's residency in this state for at least one year immediately preceding the date of the application.
2. Be at least twenty‑one years of age.
3. Have successfully completed a gun safety course administered by an authorized department of public safety instructor or possess a United States department of defense form 214 indicating an honorable discharge or a general discharge under honorable conditions.
4. Possess a high school diploma or a general equivalency diploma.