text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Bounty Hunter Accountability and 
  Quality Assistance Act of 1998''.
  
  SEC. 2. FINDINGS.
  
      Congress finds that--
              (1) bounty hunters, also known as bail enforcement officers 
          or recovery agents, provide law enforcement officers and the 
          courts with valuable assistance in recovering fugitives from 
          justice;
              (2) regardless of the differences in their duties, skills, 
          and responsibilities, the public has had difficulty in 
          discerning the difference between law enforcement officers and 
          bounty hunters;
              (3) the availability of bail as an alternative to the 
          pretrial detention or unsecured release of criminal defendants 
          is important to the effective functioning of the criminal 
          justice system;
              (4) the safe and timely return to custody of fugitives who 
          violate bail contracts is an important matter of public safety, 
          as is the return of any other fugitive from justice;
              (5) bail bond agents are widely regulated by the States, 
          whereas bounty hunters are largely unregulated;
              (6) the public safety requires the employment of qualified, 
          well-trained bounty hunters; and
              (7) in the course of their duties, bounty hunters often 
          move in and affect interstate commerce.
  
  SEC. 3. DEFINITIONS.
  
      In this Act--
              (1) the term ``bail bond agent'' means any retail seller of 
          a bond to secure the release of a criminal defendant pending 
          judicial proceedings, unless such person also is self-employed 
          to obtain the recovery of any fugitive from justice who has 
          been released on bail;
              (2) the term ``bounty hunter''--
                      (A) means any person whose services are engaged, 
                  either as an independent contractor or as an employee 
                  of a bounty hunter employer, to obtain the recovery of 
                  any fugitive from justice who has been released on 
                  bail; and
                      (B) does not include any--
                              (i) law enforcement officer acting under 
                          color of law;
                              (ii) attorney, accountant, or other 
                          professional licensed under applicable State 
                          law;
                              (iii) employee whose duties are primarily 
                          internal audit or credit functions;
                              (iv) person while engaged in the 
                          performance of official duties as a member of 
                          the Armed Forces on active duty (as defined in 
                          section 101(d)(1) of title 10, United States 
                          Code); or
                              (v) bail bond agent;
              (3) the term ``bounty hunter employer''--
                      (A) means any person that--
                              (i) employs 1 or more bounty hunters; or
                              (ii) provides, as an independent 
                          contractor, for consideration, the services of 
                          1 or more bounty hunters (which may include the 
                          services of that person); and
                      (B) does not include any bail bond agent; and
              (4) the term ``law enforcement officer'' means a public 
          officer or employee authorized under applicable Federal or 
          State law to conduct or engage in the prevention, 
          investigation, prosecution, or adjudication of criminal 
          offenses, including any public officer or employee engaged in 
          corrections, parole, or probation functions, or the recovery of 
          any fugitive from justice.
  
  SEC. 4. MODEL GUIDELINES.
  
      (a) In General.--Not later than 180 days after the date of 
  enactment of this Act, the Attorney General shall develop model 
  guidelines for the State control and regulation of persons employed or 
  applying for employment as bounty hunters. In developing such 
  guidelines, the Attorney General shall consult with organizations 
  representing--
              (1) State and local law enforcement officers;
              (2) State and local prosecutors;
              (3) the criminal defense bar;
              (4) bail bond agents;
              (5) bounty hunters; and
              (6) corporate sureties.
      (b) Recommendations.--The guidelines developed under subsection (a) 
  shall include recommendations of the Attorney General regarding 
  whether--
              (1) a person seeking employment as a bounty hunter should--
                      (A) be required to submit to a fingerprint-based 
                  criminal background check prior to entering into the 
                  performance of duties pursuant to employment as a 
                  bounty hunter; or
                      (B) not be allowed to obtain such employment if 
                  that person has been convicted of a felony offense 
                  under Federal or State law;
              (2) bounty hunters and bounty hunter employers should be 
          required to obtain adequate liability insurance for actions 
          taken in the course of performing duties pursuant to employment 
          as a bounty hunter; and
              (3) State laws should provide--
                      (A) for the prohibition on bounty hunters entering 
                  any private dwelling, unless the bounty hunter first 
                  knocks on the front door and announces the presence of 
                  1 or more bounty hunters; and
                      (B) the official recognition of bounty hunters from 
                  other States.
      (c) Effect on Bail.--The guidelines published under subsection (a) 
  shall include an analysis of the estimated effect, if any, of the 
  adoption of the guidelines by the States on--
              (1) the cost and availability of bail; and
              (2) the bail bond agent industry.
      (d) No Regulatory Authority.--Nothing in this section may be 
  construed to authorize the promulgation of any Federal regulation 
  relating to bounty hunters, bounty hunter employers, or bail bond 
  agents.
      (e) Publication of Guidelines.--The Attorney General shall publish 
  model guidelines developed pursuant to subsection (a) in the Federal 
  Register.
  
              Passed the Senate October 7 (legislative day, October 2), 
        1998.
  
              Attest:
  
                                                      GARY SISCO,
  
                                                               Secretary.
target: Bounty Hunter Accountability and Quality Assistance Act of 1998 - Directs the Attorney General to develop model guidelines for the State control and regulation of bounty hunters, including recommendations regarding whether:  (1) a person seeking employment as a bounty hunter should be required to submit to a fingerprint-based criminal background or should not be allowed to obtain such employment if he or she has been convicted of a Federal or State felony; (2) bounty hunters and their employers should be required to obtain adequate liability insurance for actions taken in the course of performing such duties; and (3) State laws should provide for the official recognition of bounty hunters from other States and should prohibit bounty hunters from entering any private dwelling without first knocking on the front door and announcing their presence.  Requires published guidelines to include an analysis of their estimated effect on:  (1) the cost and availability of bail; and (2) the bail bond agent industry. 
  Directs the Attorney to publish model guidelines in the Federal Register.
feat_title: Bounty Hunter Accountability and Quality Assistance Act of 1998