Senate BillIntroducedInsurance
SB 1026: Bail Fugitive Recovery Agent Reform Act.
What SB 1026 does, verified June 1, 2026
This bill aims to reform the bail fugitive recovery agent (Bfra) licensing process in California. To become a licensed Bfra, applicants must have liability insurance with minimum limits of $1,000,000 and file records with the state within 30 days. The bill also requires applicants to be current residents of the state and have been residents for at least 2 years. Licensees must notify the state of any changes to their information and must provide proof of liability insurance. The bill prohibits Bfras from making false statements and requires them to notify local law enforcement before attempting to apprehend a bail fugitive, unless in an exigent circumstance. Bfras are also prohibited from threatening legal action unrelated to the case and loitering on or around properties where bail subjects are not present. The bill requires Bfras to affix their license number on business cards and doc…
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Last action: May 14 hearing: Held in committee and under submission. (2026-05-14)Alert me
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| May. 14, 2026 | May 14 hearing: Held in committee and under submission. |
| May. 08, 2026 | Set for hearing May 14. |
| May. 04, 2026 | May 4 hearing: Placed on APPR. suspense file. |
| Apr. 24, 2026 | Set for hearing May 4. |
| Apr. 23, 2026 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2. Page 4012.) (April 22). Re-referred to Com. on APPR. |
Latest bill textAmended version, March 24, 2026 · 7,734 words
| Amended IN Senate March 24, 2026 |
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
Senate Bill
No. 1026
| Introduced by Senator Gonzalez |
February 10, 2026 |
An act to amend Section 1802.1 of Sections 1652, 1802.1, 1802.3, 1802.6, 1802.71, 1805, and 1807.5 of, to add Sections 1801.1 and 1816 to, and to repeal and add Sections 1802, 1813, and 1821 of, the Insurance Code, relating to insurance.
LEGISLATIVE COUNSEL'S DIGEST
SB 1026, as amended, Gonzalez. Insurance: licensing of bail agents. Bail Fugitive Recovery Agent Reform Act.
(1) Existing law, the Bail Fugitive Recovery Persons Act, regulates bail fugitive recovery agents, defined to mean a licensed individual given written authorization by the bail or depositor of bail and contracted to investigate, surveil, locate, and arrest a bail fugitive, and any person employed to assist the bail or depositor of bail to investigate, surveil, locate, and arrest a bail fugitive. Existing law prohibits a person from performing the activities of a bail fugitive recovery agent unless licensed by the Insurance Commissioner, as provided.
Existing law provides for the issuance of bail licenses under the jurisdiction of the commissioner and makes a violation of those provisions a crime. Existing law requires a bail fugitive recovery agent to file certain information with the commissioner, including a policy of liability insurance that provides minimum limits of insurance of $1,000,000 for any one loss or occurrence due to either bodily injury or death, or property damage, or both.
This bill, the Bail Fugitive Recovery Agent Reform Act, would require a bail fugitive recovery agent (BFRA) to have on file the above-described policy of liability insurance that complies with various requirements, as specified. The bill would require specified records, documents, and information regarding the BFRA liability insurance policy to be filed in the manner specified by the commissioner no more than 30 days after issuance by the issuing insurance company or placement by the production agency. If a BFRA fails to maintain liability insurance or fails to provide proof of the required insurance policy, the bill would require the commissioner to provide written notice to the BFRA that they have 30 days to provide proof of compliance or the BFRA will be automatically suspended without proceedings after the 30-day period.
(2) Existing law requires an applicant for a license to act as a bail agent to file with the commissioner a notice of appointment executed by a surety insurer or its authorized representative authorizing that applicant to execute undertakings of bail and to solicit and negotiate those undertakings on its behalf. Existing law similarly requires an applicant for a BFRA’s license to file with the commissioner a notice of appointment executed by a bail agent or surety insurer authorizing that applicant to act on behalf of, and pursuant to, the instructions of the appointing licenseholder. Existing law authorizes these notices of appointment to continue in force until the termination of the agent’s license, the end of the license term, or the filing of a notice of termination, as specified.
This bill would apply the filing requirement for an applicant for a license to act as a bail agent to every holder of a license to act as a bail agent and would apply the filing requirement for an applicant to act as a BFRA to every holder of a license to act as a BFRA. For an applicant for a license to act as a BFRA or a holder of a license to act as a BFRA, the bill would prohibit the notices of appointment from being considered effective until the notice is formally filed with and acknowledged by the Department of Insurance.
(3) Existing law requires the Commission on Peace Officer Standards and Training (POST) to establish a certification program for peace officers for the purpose of fostering professionalization, education, and experience necessary to accomplish the general police service duties, as specified.
This bill would require a BFRA applicant or licensee who has been issued the above-described certificate for peace officers and has had that certification suspended or revoked by POST, or has voluntarily surrendered that certification, to notify the commissioner, as provided.
(4) Existing law authorizes the commissioner to decline to issue a bail license until the commissioner is satisfied that the applicant, among other things, has not willfully misstated any material fact in their application or procured a misstatement in the supporting documents of their application.
This bill would revise that condition to authorize the commissioner to decline to issue a bail license until the commissioner is satisfied that the applicant has not willfully or knowingly made a misstatement in the application or has not made a false statement in testimony given under oath before the commissioner or another person acting in the commissioner’s stead. The bill would also require any applicant for, or holder of, a BFRA license to be a current resident of this state and have been a continuous resident of this state for at least 2 years before applying for a BFRA license.
(5) Existing law generally prescribes the requirements of conduct by a BFRA licensee, including, among other things, prohibitions against any uniform of a BFRA that represents the BFRA as belonging to any part or department of the federal, state, or local government, as specified. Existing law, except under exigent circumstances, requires a BFRA to, prior to and no more than 6 hours before attempting to apprehend the bail fugitive, notify the local police or sheriff’s department of the intent to apprehend a bail fugitive in that jurisdiction. If an exigent circumstance arises and prior notification is not given, existing law requires a BFRA to notify the local police or sheriff’s department immediately after the apprehension and submit a detailed explanation of those exigent circumstances upon request of the local jurisdiction.
This bill would additionally prohibit a BFRA from, among other things, threatening legal action unrelated to the case for which bail was given and loitering on or around a property if the bail subject is not present. The bill would also require a BFRA licensee to affix, type, or print their license number on business cards or other documents produced by the licensee in a specified type size. The bill would require the above-described notice provided to the local police or sheriff’s department to be in writing and include specified information. The bill would require any record relating to notice to the local police or sheriff’s department to be transcribed in writing and retained by the BFRA for a period of not less than 5 years from the date of notice. The bill would require the BFRA to provide a copy of any notice requested by the commissioner within 21 calendar days of the request and would require specified information to be included in the copy. The bill would prescribe a fine of $4,000 for each offense, as specified. By establishing new requirements for BFRA applicants and licensees, the violation of which is a crime, the bill would impose a state-mandated local program.
(6) This bill would make various conforming changes. The bill would provide that its provisions are severable.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law provides for the issuance of bail licenses under the jurisdiction of the Insurance Commissioner. Existing law requires an applicant for a license to act as a bail agent to file with the commissioner a notice of appointment executed by a surety insurer or its authorized representative authorizing that applicant to execute undertakings of bail and to solicit and negotiate those undertakings on its behalf. Existing law similarly requires an applicant for a bail fugitive recovery agent’s license to file with the commissioner a notice of appointment executed by a bail agent or surety insurer authorizing that applicant to act on behalf of, and pursuant to, the instructions of the appointing licenseholder. Existing law authorizes these notices of appointment to continue in force until the termination of the agent’s license, the end of the license term, or the filing of a notice of termination, as specified.
This bill would make technical, nonsubstantive changes to these provisions.
The people of the State of California do enact as follows:
SECTION 1.
This act shall be known, and may be cited, as the Bail Fugitive Recovery Agent Reform Act.SEC. 2.
Section 1652 of the Insurance Code is amended to read:1652.
(a) The commissioner shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice pursuant to subdivision (u) of Section 11105 of the Penal Code, and the Department of Justice shall provide to the commissioner a state or federal response pursuant to paragraph (1) of subdivision (p) of Section 11105 of the Penal Code, for all applicants of each of the following:(1) A property licensee or a casualty licensee, as defined in Section 1625.
(2) A personal lines licensee, as defined in Sections 1625.5.
(3) A limited lines automobile insurance agent, as defined in Section 1625.55.
(4) A life and accident and health or sickness licensee, as defined in Section 1626.
(5) A life licensee limited to the payment of funeral and burial expenses, as defined in Section 1676.
(6) A limited license to act as an agent on behalf of a cargo owner, a cargo shipper, or both, as described in Section 1757.1.
(7) A portable electronics insurance agent license, as defined in Sections 1758.61 and 1758.69.
(8) A car rental agent, as defined in Section 1758.89.
(9) A credit insurance agent license, as defined in Sections 1758.96 and 1758.992.
(10) An administrator, as defined in Section 1759.
(11) A reinsurance intermediary-broker, as defined in Section 1781.2.
(12) A bail agent license, as defined in Section 1802. 1801.1.
(13) A bail permittee license, as defined in Section 1802.5.
(14) A bail solicitor license, as defined in Section 1803.
(15) A bail fugitive recovery agent license, as defined in Section 1802.3 and Section 1299.01 of the Penal Code.
(16) A stock agent who sells securities, as defined in Section 825.
(17) An insurance adjuster, as defined in Section 14021.
(18) A crop insurance adjuster, as defined in Section 14085.
(19) A public insurance adjuster, as defined in Section 15007.
(20) A part-time fraternal licensee, as described in Section 11103.
(21) A life settlement broker, as defined in Section 10113.1.
(22) A motor club agent, as defined in Section 12143.
(23) A title marketing representative, as defined in Section 12418.
(24) A self-service storage agent, as defined in Section 1758.791.
(25) A vehicle service contract license, as described in Section 12815.
(b) A license shall be applied for, and renewed by the filing with the commissioner of a written application therefor. The application shall be on a form prescribed by the commissioner, which form shall prescribe the disclosure of information that will aid the commissioner in determining whether the prerequisites for the license sought have been met. The applicant shall declare, under penalty of perjury, that the contents of the application are true and correct.
(c) The forms prescribed by the commissioner other than for renewal applications may require authenticated fingerprints of any of the following:
(1) Individual applicants.
(2) Specified partners or officers of organization applicants.
(3) The individuals who are to transact insurance for an organization applicant.
(d) The forms may require the fingerprints to be affixed to the application or to an attachment to be affixed to the application. The commissioner, in the commissioner’s discretion, may require the fingerprints on applications for any, some, or all of the licenses issued pursuant to this chapter or Chapter 6 (commencing with Section 1760), Chapter 7 (commencing with Section 1800), or Chapter 8 (commencing with Section 1831), provided that as to any one such type of license the requirement is applied without discrimination to all applicants within specified classifications. The classifications may be made upon any or all of the following bases:
(1) Length of continuous residence in this state.
(2) Whether or not previously or currently licensed by the commissioner.
(3) Whether or not currently licensed by specified regulatory agencies of the State of California which require fingerprints on applications for licenses and routinely process the fingerprints for positive identification.
(4) Other reasonable criteria.
(e) The commissioner may decline to act on an incomplete or defective application until an amended application which completes the prescribed form is filed with the commissioner.
SEC. 3.
Section 1801.1 is added to the Insurance Code, to read:1801.1.
A bail agent’s license by its terms permits the licensee to solicit, negotiate, and effect undertakings of bail on behalf of any surety insurer while there is in effect an unrevoked notice of appointment of that insurer filed pursuant to Section 1802.1. That license shall not be issued unless and until there is filed with the commissioner a bond having an admitted surety insurer as surety thereon in the penal sum of one thousand dollars ($1,000), conditioned upon the proper application and disposal of all moneys collected or received by the bail agent, the bail agent’s solicitors licensed pursuant to the bail agent’s appointment, and the bail agent’s employees, in favor of the people of the State of California.SEC. 4.
Section 1802 of the Insurance Code is repealed.(a)A bail agent’s license by its terms permits the licensee to solicit, negotiate, and effect undertakings of bail on behalf of any surety insurer while there is in effect an unrevoked notice of appointment of such insurer filed pursuant to Section 1802.1. Such license shall not be issued unless and until there is filed with the commissioner a bond having an admitted surety insurer as surety thereon in the penal sum of one thousand dollars ($1,000), conditioned upon the proper application and disposal of all moneys collected or received by the bail agent, the bail agent’s solicitors licensed pursuant to the bail agent’s appointment, and the bail agent’s employees, in favor of the people of the State of California.
(b)A bail fugitive recovery agent shall file all of the following with the commissioner:
(1)A bond having an admitted surety insurer as surety thereon in the penal sum of one thousand dollars ($1,000). The surety bond required by this section shall allow persons to recover for actionable injuries, loss, or damage resulting from the willful or wrongful acts or omissions of the licensee and protects this state, its agents, officers, and employees from judgments against the licensee, and is further conditioned upon the faithful and honest conduct of the licensee.
(2)(A)A policy of liability insurance that provides minimum limits of insurance of one million dollars ($1,000,000) for any one loss or occurrence due to either bodily injury or death, or property damage, or both.
(B)The commissioner shall delay the implementation of subparagraph (A) if there is either a reasonable lack of availability or affordability, or both, of liability insurance for bail fugitive recovery agents.
(c)Bail agents, bail permittees, and bail solicitors who apply for a bail fugitive recovery agent license are exempt from subdivision (b) if they have a current surety bond and liability insurance policy on file with the commissioner.
(d)This section shall become operative on July 1, 2023.
SEC. 5.
Section 1802 is added to the Insurance Code, to read:1802.
(a) A bail fugitive recovery agent shall have on file all of the following with the commissioner:(1) A bond having an admitted surety insurer as surety thereon in the penal sum of one thousand dollars ($1,000). The surety bond required by this section shall allow persons to recover for actionable injuries, loss, or damage resulting from the willful or wrongful acts or omissions of the bail fugitive recovery agent and protects this state, its agents, officers, and employees from judgments against the bail fugitive recovery agent, and is further conditioned upon the faithful and honest conduct of the bail fugitive recovery agent.
(2) A policy of liability insurance that provides minimum limits of insurance of one million dollars ($1,000,000) coverage, for each bail fugitive recovery agent, for any one loss or occurrence due to either bodily injury or death, or property damage, or both, resulting from the willful or wrongful acts or omissions of the bail fugitive recovery agent. The policy shall also satisfy all of the following requirements:
(A) Be issued by an insurer admitted in this state and authorized by the commissioner to issue that insurance in this state.
(B) Be for a period of no less than the duration of the bail fugitive recovery agent’s license term and include the dates that coverage is scheduled to commence and end. Notwithstanding Section 382.5, a binder shall not satisfy the requirements of this section.
(C) State the full legal name of the insured, who shall be a natural person, and the bail fugitive recovery agent’s license number issued by the commissioner with the words “bail fugitive recovery agent” immediately next to the insured’s name and license number. If the policy is issued to a bail fugitive recovery agent license applicant, the policy shall be amended to reflect the license number after issuance by the commissioner, which shall be reported to the commissioner within 30 calendar days of the amendment, in a manner specified by the commissioner.
(D) Not insure any person that is not a bail fugitive recovery agent.
(E) List the commissioner as a certificate holder for the purpose of receiving notifications related to the policy’s details and status.
(F) State that the bail fugitive recovery agent shall receive from the insurer issuing the policy of liability insurance any and all notices of cancellation, nonrenewal, and nonpayment.
(G) Extend to all activity by the bail fugitive recovery agent as described in paragraph (4) of subdivision (a) of Section 1299.01 of the Penal Code and does not insure any other activities of the insured bail fugitive recovery agent.
(H) Only insure against loss or damage suffered by persons other than the insured bail fugitive recovery agent, or any principal, employer, agent, or employee of the bail fugitive recovery agent. If the policy insures against loss or damage suffered by the bail fugitive recovery agent, or any principal, employer, agent, or employee thereof, that coverage shall be secondary and only after payment to all other persons has been fully paid, or liability is otherwise discharged.
(I) Only offer primary coverage where, under the terms of the policy, liability attaches immediately upon the occurrence that gives rise to liability.
(J) If the policy insures more than one person, the policy and certificate of insurance shall specify that at least one million dollars ($1,000,000) for any one loss or occurrence due to either bodily injury or death, or property damage, or both, shall be available without exception for each insured bail fugitive recovery agent and that said amount of insurance coverage shall not be diminished, decreased, exhausted, or otherwise unavailable to each insured bail fugitive recovery agent as a result of any claim or liability of another insured person.
(b) Each bail fugitive recovery agent shall be individually responsible for obtaining and maintaining an insurance policy that complies with all of the requirements of this section and for payment of policy premiums. Multiple combined policies purporting or attempting to satisfy one or more of the requirements of this section shall not constitute compliance with this section. This subdivision does not prohibit a bail fugitive recovery agent from obtaining reimbursement from the appointing agency for premium payments.
(c) The following records, documents, and information regarding the bail fugitive recovery agent liability insurance policy issued in satisfaction of the requirements of this section shall be filed in the manner specified by the commissioner no more than 30 days after issuance by the issuing insurance company or placement by the production agency that is licensed by the commissioner:
(1) A complete, dated, and executed certificate of insurance.
(2) A single document demonstrating satisfaction of all the requirements under paragraph (2) of subdivision (a), and which includes the policy of liability insurance with the declaration page, endorsements, and amendments.
(3) Proof of payment of the premium.
(4) The telephone number, mailing address, certificate of authority number, and email address of the issuing insurance company.
(5) The telephone number, mailing address, license number, and email address of the production agency that placed the policy, if the policy was placed through the production agency.
(d) A bail fugitive recovery agent shall provide written notification to the commissioner in the manner specified by the commissioner, within 30 days of learning that the insurance policy insuring the bail fugitive recovery agent, as required by this section, has been rescinded or will become inactive, suspended, canceled, or terminated for any reason, or if the scope of coverage or coverage limits have been reduced below the minimum required by this section.
(e) (1) The commissioner shall require an active policy of liability insurance in satisfaction of this section as a condition precedent to the issuance, reinstatement, reactivation, renewal, or continued maintenance of a bail fugitive recovery agent license.
(2) If a bail fugitive recovery agent fails to obtain or maintain liability insurance, as required by this section, or fails to provide proof of the required insurance policy, as required by this section or upon request by the commissioner, the bail fugitive recovery agent license shall be suspended by operation of law until the bail fugitive recovery agent provides proof to the commissioner of compliance with the insurance coverage required by this subdivision.
(3) Prior to suspension, the commissioner shall provide written notice to the bail fugitive recovery agent that the bail fugitive recovery agent has 30 days to provide valid proof to the commissioner of having an insurance policy that satisfies the requirements of this section and is provided in the manner described under subdivision (c) or the bail fugitive recovery agent shall be automatically suspended without proceedings in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. While suspended, the bail fugitive recovery agent shall not conduct any activity for which a bail fugitive recovery agent license, issued by the commissioner, is required.
(f) Notwithstanding Section 1821, a bail fugitive recovery agent license applicant who fails to satisfy the requirements of this section shall be denied the issuance of a bail fugitive recovery agent license. The denial shall be effective immediately and without proceedings in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(g) For purposes of this section and unless otherwise stated in this section, a “bail fugitive recovery agent” means either a bail fugitive recovery agent license holder or a bail fugitive recovery agent license applicant.
SEC. 6.
Section 1802.1 of the Insurance Code is amended to read:1802.1.
(a) Every applicant for a license to act as a bail agent and every holder of a license to act as a bail agent shall file with the commissioner a notice of appointment executed by a surety insurer or its authorized representative authorizing that applicant to execute undertakings of bail and to solicit and negotiate those undertakings on its behalf. Additional notices of appointment may be filed by other surety insurers, upon the payment for each additional notice of the fee specified in subdivision (a) of Section 1811, before the license is issued and thereafter, as long as the license remains in force. Each appointment shall, by its terms, continue in force until any of the following occur:(1) Termination of the bail agent’s license.
(2) The end of the license term, if the fee provided in subdivision (f) of Section 1811 for filing a renewal application is not paid.
(3) The filing with the commissioner of a notice of termination by the insurer, its representative, or by the bail agent.
(b) Every applicant for a license to act as a bail fugitive recovery agent or holder of a license to act as a bail fugitive recovery agent shall file with the commissioner a notice of appointment executed by a bail agent or surety insurer authorizing that applicant to act on behalf of, and pursuant to, the instructions of the appointing licenseholder. Additional notices of appointment may be filed by other bail agents or surety insurers upon the payment for each additional notice of the fee specified in subdivision (a) of Section 1811, before the license is issued and thereafter, as long as the license remains in force. The notices of appointment shall not be considered effective until the notice is formally filed and acknowledged by the commissioner. Each appointment shall, by its terms, continue in force until any of the following occur:
(1) Termination of the bail fugitive recovery agent’s license.
(2) The end of the license term, if the fee provided in subdivision (f) of Section 1811 for filing a renewal application is not paid.
(3) The filing with the commissioner of a notice of termination by the bail agent, the surety insurer, or the bail fugitive recovery agent.
(c) Bail agents and bail permittees who apply for or hold a bail fugitive recovery agent license are exempt from subdivision (b) if the bail agent or bail permittee has one or more surety appointments on file with the commissioner and the surety or sureties providing the appointments have authorized the bail agent or bail permittee to work under their authority authority of the surety or sureties as a bail fugitive recovery agent.
(d)This section shall become operative on July 1, 2023.
SEC. 7.
Section 1802.3 of the Insurance Code is amended to read:1802.3.
(a) A bail fugitive recovery agent’s license, by its terms, permits the licensee to engage in the activities of a bail fugitive recovery agent as set forth in paragraph (4) of subdivision (a) of Section 1299.01 of the Penal Code.(b) A bail fugitive recovery agent licensee shall comply with the Bail Fugitive Recovery Persons Act (commencing with Section 1299) of the Penal Code.
(c) Notwithstanding subdivision (b) of Section 1810, only natural persons may be licensed as bail fugitive recovery agents.
(d) A bail fugitive recovery agent shall disclose on their license application and renewal to the department whether they are on any license application or renewal whether the bail fugitive recovery agent is also a bail agent, permittee, or solicitor, and shall carry identification cards issued by the commissioner pursuant to Section 2077.1 of Chapter 5 of Title 10 of the California Code of Regulations.
(e)All bail licensees shall not have been convicted of a felony unless the person is licensed pursuant to Section 1800.
(e) All bail fugitive recovery agent applicants and licensees convicted of a felony shall be subject to Section 1669.
(f) (1) A bail fugitive recovery agent applicant or licensee who has been issued a certification described in Section 13510.1 of the Penal Code and has had that certification suspended or revoked by the Commission on Peace Officer Standards and Training or has voluntarily surrendered that certification pursuant to subdivision (f) of Section 13510.8 of the Penal Code shall notify the commissioner when the certification has been suspended, revoked, or voluntarily surrendered.
(2) “Applicant” and “licensee” include individual and organization applicants and licensees, and officers, directors, partners, members, and controlling persons of an organization. “Controlling person” has the same meaning as defined in subdivision (b) of Section 1668.5.
(3) Notification to the commissioner shall be in writing and shall be sent in a manner prescribed by the commissioner within 30 days of the date the bail agent applicant or licensee learns of the suspension or revocation of the certification or has voluntarily surrendered the certification.
(4) A bail fugitive recovery agent applicant or licensee is deemed to consent to the disclosure of information by the Commission on Peace Officer Standards and Training to the commissioner as necessary to verify the status of the applicant’s or licensee’s certification and the circumstances surrounding the suspension, revocation, or surrender thereof.
SEC. 8.
Section 1802.6 of the Insurance Code is amended to read:1802.6.
The holder of a bail permittee’s license may, upon filing of proper documents specified in Section 1802.1, receive a bail agent’s license without procuring the additional bond specified in SectionSEC. 9.
Section 1802.71 of the Insurance Code is amended to read:1802.71.
The holder, or former holder of a bail license, who has deposited with the commissioner securities in lieu of a bond as provided by Section 1802.7, may at any time substitute therefor a bond complying with the requirements of SectionThe substitution of such a bond for securities shall be conditioned upon the approval of the commissioner. Upon receiving such approval and the filing of the bond, the applicant shall be permitted to withdraw the securities theretofore deposited on his behalf.
SEC. 10.
Section 1805 of the Insurance Code is amended to read:1805.
The commissioner may decline to issue a bail license until(a) The applicant is of good business reputation and of good general reputation.
(b) That the applicant has never been refused a license or had a license revoked by any public authority for reasons which indicated lack of honesty or integrity, or which show improper business practice on the part of the applicant.
(c) That the applicant has an understanding of the obligations and duties of bail.
(d) That the applicant has not participated in or been connected with any business transaction which, in the opinion of the commissioner tends to show unfitness to act in a fiduciary capacity or to maintain the standards of fairness and honesty required of a trustee or other fiduciary.
(e) That the applicant has not willfully misstated any material fact in his application or procured a misstatement in the supporting documents thereof. or knowingly made a misstatement in the application, or has not made a false statement in testimony given under oath before the commissioner or another person acting in the commissioner’s stead.
(f) That there is no outstanding judgment against the applicant of conviction of a misdemeanor or felony denounced by this code, or one of the elements of which involves a misappropriation of money or property.
(g) That the applicant has not committed an act forbidden by this code.
(h) That the applicant is a fit and proper person to hold the license applied for.
(i) (1) The applicant has been a continuous resident of the State of California for at least two years.
(2) The applicant is a current resident of the State of California.
SEC. 11.
Section 1807.5 of the Insurance Code is amended to read:1807.5.
(a) Except as provided in Sections(b) Where a hearing is held under this section section, the proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, the procedure provided in Article 6 (commencing with Section 1666) and Article 13 (commencing with Section 1737) of Chapter 5, and the commissioner shall have all the powers granted pursuant to that chapter. those articles.
(c) After a hearing and finding of any violation of this chapter, the commissioner may deny, suspend, or revoke any license or application for a license issued under this chapter.
SEC. 12.
Section 1813 of the Insurance Code is repealed.The commissioner, after notice and hearing, in accordance with the procedure provided in Article 13 (commencing with Section 1737) of Chapter 5 may suspend, revoke, or deny any license or certificate of authority issued pursuant to any provision of this code whenever he or she finds that the holder thereof has violated any provisions of this chapter.
SEC. 13.
Section 1813 is added to the Insurance Code, to read:1813.
(a) Any applicant for, or holder of, a bail fugitive recovery agent license, shall be a current resident of this state and shall have been a continuous resident of this state for at least two years before applying for a bail fugitive recovery agent license. For purposes of this chapter, a natural person is a resident of this state only if that person occupies and maintains principal residence in this state that is also that person’s domicile. A person may designate only one state as that person’s state of residence.(b) Notwithstanding any other provision of law, if an applicant for or holder of a bail fugitive recovery agent license ceases to be a resident of this state, the application or license shall become inactive by operation of law. The holder of an inactive license shall not conduct any activity for which a license, issued by the commissioner, is required until the commissioner issues an order to restore the license.
SEC. 14.
Section 1816 is added to the Insurance Code, to read:1816.
(a) A bail fugitive recovery agent licensee shall comply with all requirements and restrictions of the Bail Fugitive Recovery Persons Act (Article 5.5 (commencing with Section 1299) of Chapter 1 of Title 10 of Part 2 of the Penal Code).(b) A bail fugitive recovery agent licensee shall not do any of the following:
(1) Make any assertion or representation that the licensee is a sworn law enforcement officer or representative of any government entity.
(2) (A) Wear or possess any uniform, device, item, document, or business card representing the licensee as belonging to any government entity.
(B) For purposes of subparagraph (A), a uniform, device, item, document, or business card shall not display any of the following:
(i) The words United States, California, bureau, task force, federal, agency, agent, department, deputy, officer, or other substantially similar words that may lead a reasonable person to mistakenly believe the licensee represents a government entity.
(ii) Any flag, seal, emblem, or symbol that may lead a reasonable person to mistakenly believe the licensee represents a government entity.
(3) Wear or otherwise use a badge, other than an identification card issued by the commissioner pursuant to Section 2077.1 of Title 10 of the California Code of Regulations.
(4) Wear any mask, false whiskers, or any personal disguise, whether complete or partial, that aids, or may aid, in evading or escaping discovery, recognition, or identification during bail fugitive recovery activities.
(5) Use a fictitious name that represents the licensee as belonging to any government entity.
(6) Engage in immigration enforcement, except pursuant to a valid judicial warrant or court order.
(7) Disclose or provide in writing, verbally, or in any other manner, personally identifiable information of any bail fugitive that is requested for purposes of immigration enforcement, except pursuant to a valid judicial warrant or court order.
(8) Threaten legal action unrelated to the case for which bail was given, including any threat to initiate criminal, civil, administrative, or immigration proceedings.
(9) Loiter on or around a property if the bail subject is not present or harass the occupants of a property with the aim of soliciting information about the location of the bail subject.
(10) Forcibly enter a premise, except as provided by Section 844 of the Penal Code.
(11) Carry a firearm or other weapon, unless in compliance with the laws of the state.
(12) Use physical force, other than that which is objectively reasonable and proportionate under the totality of the circumstances encountered by the licensee.
(13) Detain, restrain, or otherwise impede the mobility of any person not subject to recovery as a bail fugitive.
(c) A bail fugitive recovery agent licensee shall do the following:
(1) Wear a jacket, shirt, or vest with the words “BAIL BOND RECOVERY AGENT,” “BAIL ENFORCEMENT,” or “BAIL ENFORCEMENT AGENT” displayed in letters at least two inches high across the front or back of the jacket, shirt, or vest, and in contrasting color to that of the jacket, shirt, or vest when apprehending a bail fugitive. The words “BAIL BOND RECOVERY AGENT,” “BAIL ENFORCEMENT,” or “BAIL ENFORCEMENT AGENT” shall be lettered at least twice as large as any other text appearing on the jacket, shirt, or vest.
(2) (A) Except under exigent circumstances, notify the local police department or sheriff’s department in writing of the intent to apprehend a bail fugitive in that jurisdiction, prior to and no more than six hours before attempting to apprehend the bail fugitive.
(B) The notice provided to local law enforcement shall be in writing and include all of the following:
(i) The name of the bail fugitive recovery agent entering the jurisdiction.
(ii) The approximate time the bail fugitive recovery agent will be entering the jurisdiction and the approximate length of the stay.
(iii) The name and approximate location of the bail fugitive.
(C) If an exigent circumstance arises and prior written notification is not given, the bail fugitive recovery agent shall notify the local police or sheriff’s department immediately after the apprehension, and upon request of the local jurisdiction, shall submit a detailed, written explanation of those exigent circumstances within three working days after the apprehension is made.
(D) For purposes of this paragraph, if exigent circumstances exist, notice may be provided to the local police department or sheriff’s department by telephone before or after the arrest has taken place. If notice is provided by telephone, the name or operator number of the employee receiving the notice information shall be obtained and retained by the bail fugitive recovery agent.
(E) Any record relating to notice to the local police department or sheriff’s department, regardless of the form of notice, shall be transcribed in writing and retained by the bail fugitive recovery agent for a period of not less than five years from the date of notice. Upon request by the commissioner, a bail fugitive recovery agent shall provide a copy of any notice requested by the commissioner, within 21 calendar days of the date of the request, which shall include at least the following information:
(i) The name of the bail fugitive recovery agent entering the jurisdiction.
(ii) The approximate time and date the bail fugitive recovery agent entered the jurisdiction and the approximate length of the stay.
(iii) The name and approximate location of the bail fugitive.
(iv) The name of the bail agent or depositor of bail and corresponding court case number.
(v) The name and telephone number of the local police department or sheriff’s department contacted.
(vi) Method and form of notification.
(F) Notification under this paragraph shall be in writing or by telephone. All other forms of communication, including, but not limited to, social media, text messaging, internet-based messaging, or other verbal notice, are prohibited.
(d) For purposes of this section, immigration enforcement includes any efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law and includes any efforts to investigate, enforce, or assist in the investigation or enforcement of any federal criminal law that penalizes a person’s presence in, entry or reentry to, or employment in, the United States.
(e) This section does not prohibit or restrict any government entity or official from sending to, or receiving from, federal immigration authorities, information regarding the citizenship or immigration status, lawful or unlawful, of an individual, or from requesting from federal immigration authorities immigration status information, lawful or unlawful, of any individual, or maintaining or exchanging that information with other federal, state, or local government entity, pursuant to Sections 1373 and 1644 of Title 8 of the United States Code.
(f) A bail fugitive recovery agent licensee shall affix, type, or print the licensee’s license number on business cards or other documents produced by the licensee in a type size that is at least as large as any indicated telephone number, address, or fax number and in a font size not less than 8-point. Business cards or other documents produced by a licensee shall comply with paragraph (2) of subdivision (b).
(g) (1) A bail fugitive recovery agent that is in violation of this section shall be subject to a fine levied by the commissioner in the amount of four thousand dollars ($4,000) for each offense. Each violation of this section may be separately assessed when calculating penalty amounts. The penalty shall not exceed twenty thousand dollars ($20,000) for all offenses involved in any one proceeding.
(2) A violation of this section shall constitute grounds to deny, suspend, or revoke a license issued pursuant to this article. Any procedure for denial, suspension, or revocation of a license pursuant to this section shall be consistent with the requirements of Section 1807.5.
(h) The powers vested in the commissioner by this section are in addition to any other powers and remedies vested in the commissioner by law. This section shall not be construed as requiring the commissioner to employ the powers conferred in this section instead of or as a condition precedent to the exercise of any other power or remedy vested in the commissioner.
(i) The commissioner may, from time to time, adopt, amend, or repeal regulations to implement the provisions of this section. The initial adoption of the regulations implementing this section shall be deemed to be an emergency and necessary to address a situation calling for immediate action to avoid serious harm to the public peace, health, safety, or general welfare.
(j) This section shall apply to any person present during, or participating in, recovery of a bail fugitive.
SEC. 15.
Section 1821 of the Insurance Code is repealed.(a)A license shall not be refused by the commissioner without proceedings in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, being initiated within 60 days from the date of filing the completed application.
(b)Sections 1724.5, 1733, 1734, 1735 and Articles 6 (commencing with Section 1666) and 13 (commencing with Section 1737) of Chapter 5 apply to persons licensed under this chapter, and “insurance agent” or “licensee”, as used in those provisions, include persons licensed under this chapter.
(c)Subdivisions (a), (c), (e), (f), (g), and (h) of Section 1725.5 apply to persons licensed under this chapter, and “person” or “licensee,” as used in those provisions, include persons licensed under this chapter.
SEC. 16.
Section 1821 is added to the Insurance Code, to read:1821.
Chapter 5 (commencing with Section 1621) shall apply to applicants and persons licensed under this chapter, and “person,” “insurance agent,” or “licensee,” as used in those provisions, include applicants and persons licensed under this chapter.SEC. 17.
The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.SEC. 18.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.(a)An applicant for a license to act as a bail agent shall file with the commissioner a notice of appointment executed by a surety insurer or its authorized representative authorizing that applicant to execute undertakings of bail and to solicit and negotiate those undertakings on its behalf. Additional notices of appointment may be filed by other surety insurers, upon the payment for each additional notice of the fee specified in subdivision (a) of Section 1811, before the license is issued and thereafter, as long as the license remains in force. Each appointment shall, by its terms, continue in force until any of the following occur:
(1)Termination of the bail agent’s license.
(2)The end of the license term, if the fee provided in subdivision (f) of Section 1811 for filing a renewal application is not paid.
(3)The filing of a notice of termination by the insurer, its representative, or by the bail agent.
(b)An applicant for a license to act as a bail fugitive recovery agent shall file with the commissioner a notice of appointment executed by a bail agent or surety insurer authorizing that applicant to act on behalf of, and pursuant to, the instructions of the appointing licenseholder. Additional notices of appointment may be filed by other bail agents or surety insurers upon the payment for each additional notice of the fee specified in subdivision (a) of Section 1811, before the license is issued and thereafter, as long as the license remains in force. Each appointment shall, by its terms, continue in force until any of the following occur:
(1)Termination of the bail fugitive recovery agent’s license.
(2)The end of the license term, if the fee provided in subdivision (f) of Section 1811 for filing a renewal application is not paid.
(3)The filing of a notice of termination by the bail agent, the surety insurer, or the bail fugitive recovery agent.
(c)Bail agents and bail permittees who apply for a bail fugitive recovery agent license are exempt from subdivision (b) if the bail agent or bail permittee has one or more surety appointments on file with the commissioner and the surety or sureties providing the appointments have authorized the bail agent or bail permittee to work under their authority as a bail fugitive recovery agent.
(d)This section shall become operative on July 1, 2023.
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