§ 1299.02. — 1299.02. (Amended by Stats. 2023, Ch. 260, Sec. 16.)

California § 1299.02.

• Jurisdiction: California
• Code PEN: Penal Code - PEN
• Title: 10.
• Part 2.: TITLE 10. MISCELLANEOUS PROCEEDINGS
• Ch. 1.: CHAPTER 1. Bail
• Art. 5.5.: ARTICLE 5.5. Bail Fugitive Recovery Persons Act

Text

(a)
No person, other than a certified law enforcement officer, shall be authorized to apprehend, detain, or arrest a bail fugitive unless that person meets one of the following conditions:
(1)
Is a bail as defined in paragraph (2) of subdivision (a) of Section 1299.01 who is also a bail fugitive recovery agent as defined in paragraph (4) of subdivision (a) of Section 1299.01.
(2)
Is a bail fugitive recovery agent as defined in paragraph (4) of subdivision (a) of Section 1299.01.
(3)
Is a licensed private investigator as provided in Chapter 11.3 (commencing with Section 7512) of Division 3 of the Business and Professions Code who is also a bail fugitive recovery agent as defined in paragraph (4) of subdivision (a) of Section 1299.01.
(b)
This article
shall not prohibit an arrest pursuant to Sections 837, 838, and 839, provided that no consideration is paid or allowed, directly or indirectly, to any person effecting an arrest pursuant to Sections 837, 838, and 839.
(c)
Individuals who hold a bail license, bail fugitive recovery license, bail enforcer license, bail runner license, or private investigator license issued by another state shall not apprehend, detain, or arrest bail fugitives in California, unless that individual obtains a bail fugitive recovery agent license issued in this state and complies with California law.
(d)
A person authorized, pursuant to subdivision (a), to apprehend, detain, or arrest a bail fugitive shall not apprehend, detain, or arrest a bail fugitive admitted to bail in another state whose alleged offense or conviction was for the violation of the laws of another state that authorize a
criminal penalty to an individual performing, receiving, supporting, or aiding in the performance or receipt of sexual or reproductive health care, including, but not limited to, an abortion, contraception, or gender-affirming care if the sexual or reproductive health care is lawful under the laws of this state, regardless of the recipient’s location. A person who violates this subdivision is guilty of an infraction punishable by a fine of five thousand dollars ($5,000), is ineligible for a license issued pursuant to Chapter 11.3 (commencing with Section 7512) of Division 3 of the Business and Professions Code or Section 1800 of the Insurance Code, and shall forfeit any license already obtained pursuant to those laws. A person who is taken into custody by a bail agent in violation of this subdivision may institute and prosecute a civil action for injunctive, monetary, or other appropriate relief against the bail fugitive recovery agent within three years after the cause of action accrues.
(e)
This section shall become operative on July 1, 2023.

Legislative History

Amended by Stats. 2023, Ch. 260, Sec. 16. (SB 345) Effective January 1, 2024.