HBA-BSM, SEP C.S.H.B. 1848 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 1848 By: Keel Criminal Jurisprudence 4/18/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE Previous legislation limits the persons who may contract with a bail bond surety to secure the return of a fugitive. Literally interpreted, the language would prohibit a bail bond surety or his employees from securing the appearance of their own clients. C.S.H.B. 1848 clarifies the law to authorize sureties and their employees to secure the appearance of a fugitive. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS C.S.H.B. 1848 amends the Occupations Code and the Code of Criminal Procedure relating to securing the appearance of certain persons who have been released on bail. The bill amends the Occupations Code to provide that a person commits a state jail felony if the person contracts with a bail bond surety to secure the appearance of a person who has forfeited a bail bond unless the person is a peace officer, an individual licensed as a private investigator or the manager of a licensed investigations company, a commissioned security officer employed by a licensed guard company, a bail bond surety who holds an individual license or the surety's full-time employee, or the agent designated in the license application of a corporate bail bond surety or the agent's full-time employee. The bill amends the Code of Criminal Procedure to authorize an arrest warrant obtained by a surety or a capias issued where a forfeiture of bail is declared to be executed by an individual licensed as a private investigator or the manager of a licensed investigations company, a bail bond surety who holds an individual license or the surety's full-time employee, or the agent designated in the license application of a corporate bail bond surety or the agent's full-time employee. The bill specifies that a security officer who executes such an arrest warrant or capias be a commissioned security officer employed by a licensed private investigations company or security services contractor. EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 1848 modifies the original to provide that a bail bond surety who holds an individual license, the surety's full-time employee, the agent designated in the license application of a corporate bail bond surety, or the agent's full-time employee person does not commit a state jail felony if the person contracts with a bail bond surety to secure the appearance of a person who has forfeited a bail bond, rather than jumped bail or failed to appear. The substitute removes the provision that a person who has an ownership interest in the bail bond surety does not commit such an offense if the person so contracts. The substitute authorizes an arrest warrant obtained by a surety or a capias issued where a forfeiture of bail is declared to be executed by an individual licensed as a private investigator or the manager of a licensed investigations company, a bail bond surety who holds an individual license or the surety's full-time employee, or the agent designated in the license application of a corporate bail bond surety or the agent's full-time employee. The substitute also specifies that a security officer who executes such an arrest warrant or capias be a commissioned security officer employed by a licensed private investigations company or security services contractor.