I 

109TH CONGRESS 

1ST SESSION H. R. 2621

To clarify that bail bond sureties and bounty hunters are subject to both 

civil and criminal liability for violations of Federal rights under existing 

Federal civil rights law, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 25, 2005

Mr. ANDREWS introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL

To clarify that bail bond sureties and bounty hunters are 

subject to both civil and criminal liability for violations 

of Federal rights under existing Federal civil rights law, 

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Bounty Hunter Re5 sponsibility Act of 2005’’. 
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1 SEC. 2. CLARIFICATION OF APPLICATION OF CIVIL RIGHTS 

2 LAWS. 

3 (a) IN GENERAL.—For purposes of section 1979 of 

4 the Revised Statutes of the United States (42 U.S.C. 

5 1983), section 242 of title 18, United States Code, and 

6 other Acts of Congress providing civil or criminal liability 

7 for the deprivation of Federally protected rights under 

8 color of any statute, ordinance, regulation, custom, or 

9 usage, of a State—

10 (1) a surety on a bail bond; 

11 (2) an agent of such surety; or 

12 (3) any bounty hunter; 

13 seeking to obtain or exercise custody over a person admit14 ted to bail under the laws of a State is acting under color 

15 of a statute, ordinance, regulation, custom, or usage of 

16 that State. 

17 (b) AGENCY RELATIONSHIP.—For the purposes of 

18 subsection (a), a bounty hunter, if acting as an inde19 pendent contractor or an employee of a surety, is an agent 

20 of that surety. 

21 SEC. 3. NOTIFICATION TO LAW ENFORCEMENT. 

22 It shall be the duty of each surety on a bail bond, 

23 each agent of such surety, and each bounty hunter, who, 

24 in a State, personally seeks to obtain or exercise custody 

25 over a person admitted to bail outside that State, before 

26 commencing activities in that State, to inform the local 
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1 law enforcement agency of the presence of such surety, 

2 agent, or bounty hunter, and of the intention of that sur3 ety, agent, or bounty hunter to seek to obtain or exercise 

4 custody over that person. This requirement does not pre5 empt any additional requirements imposed on any such 

6 surety, agent, or bounty hunter by such State. 

7 SEC. 4. MODEL GUIDELINES. 

8 (a) IN GENERAL.—Not later than 180 days after the 

9 date of enactment of this Act, the Attorney General shall 

10 publish in the Federal Register model guidelines for the 

11 State control and regulation of persons employed or apply12 ing for employment as bounty hunters. In developing such 

13 guidelines, the Attorney General shall consult with organi14 zations representing—

15 (1) State and local law enforcement officers; 

16 (2) State and local prosecutors; 

17 (3) the criminal defense bar; 

18 (4) bail bond agents; 

19 (5) bounty hunters; and 

20 (6) corporate sureties. 

21 (b) RECOMMENDATIONS.—The guidelines published 

22 under subsection (a) shall include recommendations of the 

23 Attorney General regarding whether a person seeking em24 ployment as a bounty hunter should be—
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1 (1) allowed to obtain such employment if that 

2 person has been convicted of a felony offense under 

3 Federal law, or of any offense under State law that 

4 would be a felony if charged under Federal law; 

5 (2) required to complete successfully a State 

6 approved basic certification course in the criminal 

7 justice system; 

8 (3) required to complete successfully a handgun 

9 training course; or 

10 (4) required to submit to a fingerprint-based 

11 criminal background check prior to entering into 

12 performance of duties pursuant to employment as a 

13 bounty hunter. 

14 SEC. 5. DEFINITIONS. 

15 As used in this Act—

16 (1) the term ‘‘bounty hunter’’ means a person, 

17 other than a public official engaging in official du18 ties, who, for compensation or a reward from a sur19 ety on a bail bond or an agent of such a surety, 

20 seeks to obtain or exercise custody over another per21 son for purposes of criminal judicial proceedings; 

22 and 
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1 (2) the term ‘‘State’’ includes any territory or 

2 possession of the United States and the District of 

3 Columbia.

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