Policy Text
Roll Call Training Bulletin
Produced b y: Ryan Enkoji
Prepared by: Thuy Nguyen Sam Somers Jr., Chief of Police
Volume 45
June 09, 2016
PC 1299 Bail Fugitive Recovery Agents
Recently, officers in the field have come into contact with armed bail fugitive recovery agents questions have
been asked about what laws apply to bail fugitive recovery agents and what authority these in dividuals have to
carry weapons This training bulletin contains a synopsis of the penal codes related to penal code 1299 . To
read 1299 PC in its entirety please click this link :
http://www.leginfo.ca.gov/cgi -bin/displaycode?section=pen&group=01001 -02000&file=1299 -1299.12
All Questions related to PC 1299 Bail Fugitive Recovery Persons Act should be directed to the Criminal
Intelligence Unit at 808-0720.
AUTHORITY AND REQUIREMENTS OF BAIL FUGITIVE RECOVERY AGENT S
With regards to “compliance with the laws of the state”, a bail fugitive recovery agent who plans on carrying a
firearm while in the performance of their duties in California must satisf y the following:
No felony convictions or convictions which would prohibit him/her from carrying a firearm .
Must complete an arrest and firearms course (832 P.C.)
Must have a firearms endorsement/permit or guard card allowing them to “open carry ” in public .
Must have a CCW endorsement if the bail fugitive recovery agent wishes to carry a concealed firearm.
Must carry their firearms endorsement/permit at all times .
Before apprehending a bail fugitive, an authorized bail fugitive recovery agent shall have i n their possession
proper documentation of authority to apprehend issued by the bail or bail depositer. (P.C. 1299.06.) The proper
documentation shall include the following :
The name of the individual authorized to apprehend a bail fugitive and any fictitio us name, if applicable.
The address of the principal office of the individual authorized to apprehend a bail fugitive.
The name and principal business address of the bail agency, surety company, or other party contracting
with the individual authorized to apprehend a bail fugitive.
A bail fugitive recovery agent is also required to notify local law enforcement before attempting to apprehend a
bail fugitive. (P.C. 1299.08.)
Unless exigent circumstances apply, no more than six hours before intending to appreh end a bail
fugitive, a bail fugitive recovery agent shall notify the local police or sheriff’s department of the intent to
apprehend a bail fugitive.
The bail fugitive recovery agent is required to provide their name to local law enforcement.
The approxim ate time the person will be entering the jurisdiction and the approximate length of stay.
The name and approximate location of the bail fugitive.
If exigent circumstances arose prior to notification, the individual shall notify the local law enforcement
agency immediately after the apprehension, and upon request by the local law enforcement agency,
shall submit a detailed explanation of the exigent circumstances within 3 working days after the
apprehension is made.
California Penal Code 1299.11
Anyone who v iolates PC 1299 is guilty of a misdemeanor punishable by a fine of five thousand dollars
($5,000), imprisonment in a county jail (not to exceed one year ),or both imprisonment and a fine.
California Penal Code 1299.01 PC defines the following terms as follo ws:
(a) Bail fugitive" means a defendant in a pending criminal case who has been released from custody under
a financially secured appearance, cash, or other bond and has had that bond declared forfeited, or a
defendant in a pending criminal case who has viol ated a bond condition whereby apprehension and re -
incarceration are permitted. ”
Roll Call Training Bulletin
Produced b y: Ryan Enkoji
Prepared by: Thuy Nguyen Sam Somers Jr., Chief of Police
Volume 45
(b) "Bail fugitive recovery person" means a person who is provided written authorization pursuant to
Sections 1300 and 1301 by the bail or depositor of bail, and is contracted to i nvestigate, surveil, locate,
and arrest a bail fugitive for surrender to the appropriate court, jail, or police department, and any
person who is employed to assist a bail or depositor of bail to investigate, surveil, locate, and arrest a
bail fugitive for surrender to the appropriate court, jail, or police department.
California Penal Code 1299.04
(a) Bail fugitive recovery person, a bail agent, bail permittee, or bail sol icitor who contracts his or her
services to another bail agent or surety as a bail fugi tive recovery person for the purposes specified in
subdivision (d) of Section 1299.01, and any bail agent, bail permittee, or bail solicitor who obtains
licensing after January 1, 2000, and who engages in the arrest of a defendant pursuant to Section
1301 shall comply with the following requirements:
(1) The person shall be at least 18 years of age.
(2) The person shall have completed a 40 -hour power of arrest course certified by the Commission
on Peace Officer Standards and Training pursuant to Section 832. Comple tion of the course shall
be for educational purposes only and not intended to confer the