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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Bounty Hunter Re-
sponsibility Act of 2005’’.
SEC. 2. CLARIFICATION OF APPLICATION OF CIVIL RIGHTS 
LAWS. 
(a) IN GENERAL.—For purposes of section 1979 of 
the Revised Statutes of the United States (42 U.S.C. 
1983), section 242 of title 18, United States Code, and 
other Acts of Congress providing civil or criminal liability 
for the deprivation of Federally protected rights under 
color of any statute, ordinance, regulation, custom, or 
usage, of a State—
(1) a surety on a bail bond; 
(2) an agent of such surety; or 
(3) any bounty hunter; 
seeking to obtain or exercise custody over a person admit-
ted to bail under the laws of a State is acting under color 
of a statute, ordinance, regulation, custom, or usage of 
that State. 
(b) AGENCY RELATIONSHIP.—For the purposes of 
subsection (a), a bounty hunter, if acting as an inde-
pendent contractor or an employee of a surety, is an agent 
of that surety. 
SEC. 3. NOTIFICATION TO LAW ENFORCEMENT. 
It shall be the duty of each surety on a bail bond, 
each agent of such surety, and each bounty hunter, who, 
in a State, personally seeks to obtain or exercise custody 
over a person admitted to bail outside that State, before 
commencing activities in that State, to inform the local
law enforcement agency of the presence of such surety, 
agent, or bounty hunter, and of the intention of that sur-
ety, agent, or bounty hunter to seek to obtain or exercise 
custody over that person. This requirement does not pre-
empt any additional requirements imposed on any such 
surety, agent, or bounty hunter by such State. 
SEC. 4. MODEL GUIDELINES. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Attorney General shall 
publish in the Federal Register model guidelines for the 
State control and regulation of persons employed or apply-
ing for employment as bounty hunters. In developing such 
guidelines, the Attorney General shall consult with organi-
zations 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 published 
under subsection (a) shall include recommendations of the 
Attorney General regarding whether a person seeking em-
ployment as a bounty hunter should be—
(1) allowed to obtain such employment if that 
person has been convicted of a felony offense under 
Federal law, or of any offense under State law that 
would be a felony if charged under Federal law; 
(2) required to complete successfully a State 
approved basic certification course in the criminal 
justice system; 
(3) required to complete successfully a handgun 
training course; or 
(4) required to submit to a fingerprint-based 
criminal background check prior to entering into 
performance of duties pursuant to employment as a 
bounty hunter. 
SEC. 5. DEFINITIONS. 
As used in this Act—
(1) the term ‘‘bounty hunter’’ means a person, 
other than a public official engaging in official du-
ties, who, for compensation or a reward from a sur-
ety on a bail bond or an agent of such a surety, 
seeks to obtain or exercise custody over another per-
son for purposes of criminal judicial proceedings; 
and
(2) the term ‘‘State’’ includes any territory or 
possession of the United States and the District of 
Columbia.
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