HOUSE BILL 313

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

James E. Smith

AN ACT

RELATING TO BAIL BONDSMEN; ENACTING A NEW SECTION OF THE BAIL BONDSMEN LICENSING LAW TO PROVIDE FOR QUALIFICATIONS FOR FUGITIVE RECOVERY AGENTS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of the Bail Bondsmen Licensing Law is enacted to read:

     "[NEW MATERIAL] FUGITIVE RECOVERY AGENT--QUALIFICATIONS.--

          A. A bail bondsman licensed pursuant to the Bail Bondsmen Licensing Law may, in addition to performing all fugitive recovery duties, retain in writing the services of a fugitive recovery agent to investigate, locate, arrest and hold a fugitive under necessary surveillance. The fugitive recovery agent shall surrender the fugitive to the appropriate authorities and, upon return of the fugitive to custody, the bail bond shall be reinstated and discharged pursuant to Section 31-3-4 NMSA 1978. The bail bondsman shall be responsible for compliance with the requirements of this section.

          B. A fugitive recovery agent shall:

                (1) be knowledgeable of state and local laws and rules applicable to fugitive recovery;

                (2) develop a strategy, approved by the bail bondsman, for recovering the fugitive;

                (3) be twenty-one years or older;

                (4) have a high school diploma or general educational development certificate;

                (5) have attended and completed a fugitive recovery training course;

                (6) ensure that a warrant is active before the recovery procedure starts;

                (7) wear clothing identifying the agent as a fugitive recovery agent and provide identification when contact with the fugitive is made; and

                (8) notify local law enforcement before proceeding with the recovery.

          C. A fugitive recovery agent shall not:

                (1) forcibly enter the home of a third party without the consent of a person at the home who is over eighteen years of age;

                (2) use a firearm during the recovery procedure;

                (3) intentionally damage property at any location;

                (4) intentionally injure a person during the recovery of a fugitive; or

                (5) have been convicted of a felony."

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