Right now there is some question concerning whether or not a bail enforcement agent needs to hold a "professional investigator's license" in order to bounty hunt in MI as a result of the newly amended "Professional Investigator's Act" (Michigan Penal Code Section 750.167b).
My interpretation is that you will either need to obtain a "Professional Investigator's license" from the MI Department of Labor and Economic Growth-Commercial Services Licensing or a "Fidelity & Surety Producer license" from MI Office of Financial and Insurance Regulation.
I'm not an attorney and this is not legal advice but it would be irresponsible of me to tell you that you did not need a license in MI even if a few people on the Internet are claiming otherwise. I think the law is pretty straightforward.
Yes you must be licensed as a Professional Investigator by the State of MI of be a licensed Fidelity & Surety Producer & registered with a county court to do any sort of recovery or investigations anywhere in the State of MI. You can not posses or utilize clothing or any badge with the words AGENT or FUGITIVE RECOVERY AGENT to do so is a Felony offense. The only acceptable clothing line or badge / ID must read BAIL ENFORCEMENT or BAIL BONDSMAN and may not contain the word AGENT.
Posted by: . | Monday, March 16, 2009 at 02:49 AM
HOUSE BILL No. 5493
September 30, 2009, Introduced by Rep. Johnson and referred to the Committee on Regulatory Reform.
A bill to license and regulate bail enforcement agents; to
provide for certain powers and duties for certain state agencies
and law enforcement agencies; to require the obtaining of surety
devices by licensees; to provide for the imposition of certain fees
and establishment of certain standards of operation of licensees;
to provide for the promulgation of rules; and to provide remedies
and prescribe penalties.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the "bail
enforcement agent regulation act".
Sec. 3. As used in this act:
(a) "Bail enforcement agent" means an individual who has been
contractually retained as an agent by a surety or surety agent or
who is otherwise authorized to act on behalf of the surety, with or
without consideration, for the delivery of a principal to the
sheriff or other peace officer of any jurisdiction. Bail
enforcement agent does not include a surety who is a natural person
executing a recognizance on his or her own behalf.
(b) "Department" means the department of energy, labor, and
economic growth.
(c) "Principal" means an individual charged with a crime in
this or any other state who is the subject of a recognizance issued
by a surety for the individual's appearance on that criminal
matter.
(d) "Surety" means an individual or business entity that has
entered into a recognizance as a surety for the personal appearance
of an individual charged with a crime.
Sec. 5. (1) Subject to section 11, an individual shall not act
as, attempt to act as, or represent himself or herself as being a
bail enforcement agent unless that individual obtains a license
from the department under this act.
(2) An individual may act or attempt to act as a bail
enforcement agent only under 1 or more of the following
circumstances based upon the information and belief of the surety:
(a) The individual subject to the recognizance has failed to
appear at a required court appearance or has violated or may
violate a condition of recognizance.
(b) The principal has left, is leaving, or is attempting to
leave the jurisdiction.
(c) Failure of the sureties submitted by the principal.
(d) Action of the surety pursuant to section 26 of chapter V
of the code of criminal procedure, 1927 PA 175, MCL 765.26.
Sec. 7. (1) The department shall issue a license as a bail
enforcement agent only to a natural person.
(2) The department shall not issue a license as a bail
enforcement agent to an individual who has been convicted of a
felony or misdemeanor in which the individual caused physical
injury to another person.
(3) An individual seeking licensure as a bail enforcement
agent shall do all of the following:
(a) Apply to the department on a form supplied by the
department and pay an application fee and a per-year license fee in
the amount determined by the department in rules promulgated under
subsection (7).
(b) Be at least 18 years of age.
(c) Supply a copy of the applicant's fingerprints acceptable
to the department. The applicant shall sign an authorization for a
criminal history check by the criminal history records division of
the department of state police, including the records of the
federal bureau of investigation, and pay a fee determined
appropriate by the department to cover the cost of the criminal
history check.
(d) If applicable, and subject to the prohibition of
subsection (2), demonstrate to the department that at least 10
years have passed after all of the following conditions regarding
any felony convictions and misdemeanor convictions involving
physical injury to another person:
(i) The payment of all fines, costs, and restitution.
(ii) The serving of all terms of imprisonment.
(iii) The completion of all conditions of probation or parole.
(e) Not later than 5 days before the date of application,
successfully complete a course of education regarding the criminal
justice system, consisting of at least 20 hours of classroom
instruction.
(4) Upon the issuance of a license, the department shall issue
a picture identification card stating the name and any alias of the
licensee, the date of issuance and expiration date of the license,
and the principal business address of the licensee. For a charge of
at least $10.00 but not to exceed the cost or issuance, the
department shall issue a new card to a licensee whose card is lost
or destroyed.
(5) A license under this act is valid for a period of 12
months from the date of its issuance and is renewable by filing a
renewal application not less than 30 days before the expiration
date and enclosing the per-year license fee.
(6) Within 30 days after a change of home or business address,
the licensee shall notify the department in writing of the change.
Upon receipt of such a change, the department shall enter the
change into its records and send a sticker to the licensee with the
corrected information to be placed on the licensee's identification
card.
(7) The department shall promulgate rules under the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328, to set fees for application for licensure under this act
and for a per-year license fee. The fees shall be in an amount
determined by the department to cover the actual costs of
processing the application and issuing the license.
Sec. 9. A bail enforcement agent shall do all of the
following:
(a) Notify by telephone or in person an appropriate law
enforcement agency having jurisdiction over the location where the
apprehension will occur or is planned no sooner than 24 hours
before and at least 30 minutes in advance of a planned attempt to
apprehend a principal. This subdivision does not apply if all of
the following circumstances exist:
(i) The bail enforcement agent is confronted with an
unanticipated opportunity to apprehend a principal that would be
seriously jeopardized by the delay inherent in providing advance
notice so long as a reasonable person would conclude that the
apprehension can be accomplished without the use of force.
(ii) It is not foreseeable to a reasonable person that injury
to another person or property will occur.
(iii) The bail enforcement agent notifies the law enforcement
agency within 60 minutes after the apprehension.
(b) Have in his or her possession documentation demonstrating
that he or she has been retained or independently contracted and
authorized by the surety to effect the apprehension.
(c) Have in his or her possession his or her license issued
under this act or a license issued by another jurisdiction and at
least 1 additional picture identification other than the licensee
identification issued under this or another jurisdiction. This
additional picture identification shall be an operator's or
chauffeur's license or an official identification issued by this or
any other jurisdiction.
Sec. 11. A surety or an individual licensed as a bail
enforcement agent in another jurisdiction may act as a bail
enforcement agent in this state so long as he or she acts in
compliance with section 9.
Sec. 13. A bail enforcement agent shall not have in his or her
possession a firearm while performing his or her duties as a bail
enforcement agent unless he or she is licensed to carry a concealed
pistol under section 5b of 1927 PA 372, MCL 28.425b.
Sec. 15. (1) A person determined by a court of competent
jurisdiction to have done any of the following is guilty of a
felony punishable by imprisonment for not more than 2 years or a
fine of not more than $2,000.00, or both.
(a) Acted as, attempted to act as, or represented himself or
herself as being a bail enforcement agent without being licensed
under this act.
(b) Knowingly possessed an altered or forged bail enforcement
agent identification card or license or knowingly altered or forged
a bail enforcement agent identification card or license.
(c) In the case of a person not licensed under this act but
licensed by another jurisdiction, failed to comply with section 9.
(2) Except as otherwise provided in subsection (1), a person
determined by a court of competent jurisdiction to have, while
licensed under this act, violated any other section of this act is
guilty of a misdemeanor punishable by imprisonment for not more
than 1 year or a fine of not more than $1,000.00, or both.
Sec. 17. After a notice and an opportunity for a hearing under
the administrative procedures act of 1969, 1969 PA 306, MCL 24.201
to 24.328, the department may suspend or revoke a license issued
under this act of an individual determined to have violated this
act.
Sec. 19. The sanctions and remedies under this act are
independent and cumulative. The use of a remedy or the imposition
of a sanction under this act does not bar other lawful remedies and
does not limit criminal and civil liability.
Enacting section 1. This act does not take effect unless
Senate Bill No. ____ or House Bill No. 5492(request no. 04400'09
a) of the 95th Legislature is enacted into law.
Posted by: Michigan Bondsman | Monday, October 05, 2009 at 11:34 AM
I was just wondering what the steps are and what training you have to have to become a bounty hunter..
what is the order that you have to do everything in and where and what you have to do to obtain the license.
Posted by: francis winegarden | Monday, January 11, 2010 at 01:27 AM