Diary

Above the law?

by Jarrett Keohokalole | Apr 19, 2006

Bill regulating bounty hunters fails

A bill establishing regulations for Hawai’i’s bail bond industry has failed to make it through the Senate, despite calls from police and bail agents who believe regulation is necessary.

Supporters of HB3014 have argued that the bail industry is in a gray area of the law. ‘The bill was introduced to place limitations on bail agents’ ability to act as law enforcement, specifically when it comes to entering people’s homes and using weapons,’ says Rep. Blake Oshiro (D-33), who co-sponsored the bill along with Rep. Sylvia Luke (D-26). After drafting the bill, Oshiro says the Honolulu Police Department responded in favor of regulation of the bail industry.

One particular issue that concerns Oshiro is the power a bail agent has when it comes to apprehending a bail violator. Presently, there are no laws in place that define the authority a bounty hunter has when apprehending and detaining bail jumpers. Technically, anyone can become a bounty hunter with no required training or certification.

Oshiro says police want the state to require official identification for bail agents who apprehend and detain bail jumpers. They also want the authority to refuse detainees at jails if bail agents do not follow proper procedures when apprehending bail jumpers. The police are expected to house captured bail jumpers even when no arrest warrants have been issued.

Some bail agents support the regulations. Linda Del Rio, a bail agent for Ace Bail Bonds, says that training should be mandatory for all bail agents. Chuck Fisher of AAA Bail Bonds supports legislation and says that many other states have laws in place regulating bail bonding and bounty hunting. In Texas, he says, bail jumpers cannot be apprehended unless there is a warrant out for their arrest.

Though the bill passed the House Judiciary committee 8-0, it was not heard in the Senate. Sen. Colleen Hanabusa says the bill appeared to target the state’s most high-profile bail agent Duane ‘Dog’ Chapman because of a provision prohibiting felons from working in the industry. However, the bill was not heard even after it had been amended to allow bail agents like Dog, who were convicted more than 10 years ago, to continue to work.

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