13-3885. Arrest of principal by surety; prohibited conduct; violation; classification; definitions

A. For the purpose of surrendering the defendant, a surety on the bail bond of a defendant may arrest the defendant before the forfeiture of the undertaking or, by written authority attached to a certified copy of the undertaking, may empower a bail recovery agent or a bail bond agent as defined in section 20-340 to arrest the defendant.

B. A bail recovery agent or a bail bond agent shall not do any of the following:

1. Enter an occupied residential structure without the consent of the occupants who are present at the time of the entry.

2. Conduct a bail recovery arrest or apprehension without written authorization from a bail bond agent licensed in Arizona.

3. Wear, carry or display any uniform, badge, shield or other insignia or emblem that implies that the bail recovery agent is an employee, officer or agent of this state, a political subdivision of this state or the federal government. A bail recovery agent may display identification that indicates the agent's status as a bail recovery agent only.

4. Authorize or allow any third party bail recovery agent to undertake an apprehension or arrest if the bail recovery agent has been convicted in any jurisdiction of theft or of any felony or any crime involving carrying or the illegal use or possession of a deadly weapon or dangerous instrument.

C. The surety or bail bond agent employing, hiring as an independent contractor or otherwise utilizing a bail recovery agent shall advise the department of insurance in writing that the bail recovery agent is providing the services to the surety or bail bond agent on a given case or cases. The written notice to the department of insurance must be given within twenty-four hours after the retention and shall include the name, date of birth, home and business addresses and telephone number of the bail recovery agent. The bail recovery agent identified in the written notice shall certify on the written notice, under penalty of perjury, that the bail recovery agent has never been convicted in any jurisdiction of theft or of any felony or any crime involving carrying or the illegal use or possession of a deadly weapon or dangerous instrument and that the bail recovery agent has complied with section 20-340.04.

D. Bail bond agents shall provide an annual report to the department of insurance listing all bail recovery agents employed, hired as independent contractors or otherwise utilized by the bail bond agent during the year. This report shall certify that all employees of the bail bond agent have met the requirements prescribed in section 20-340.03 and that all bail recovery agents have complied with section 20-340.04. The report shall include the name, home and business addresses, date of birth, telephone number, and a two-inch wide by three-inch high photograph of the face of each person identified in the report.

E. To satisfy the requirements of this section, a bail bond agent who is licensed in another state but is not licensed in this state shall contract with a bail bond agent licensed in this state to retain the services of a bail recovery agent in this state.

F. Any person who violates subsection B or E of this section is guilty of a class 5 felony. Any person who violates subsection C or D of this section is subject to the provisions of section 20-295.

G. For the purposes of this section:

1. " Bail bond agent" has the same meaning prescribed in section 20-282.01.

2. " Bail recovery agent" means any person who has never been convicted in any jurisdiction of theft or of a felony or any crime involving carrying or the illegal use or possession of a deadly weapon or dangerous instrument and who is employed or hired as an independent contractor or otherwise utilized by a bail bond agent to assist the bail bond agent in presenting a defendant in court when required, in apprehending a defendant and surrendering the defendant to a court or in keeping a defendant under necessary surveillance. Bail recovery agent does not include an attorney or law enforcement officer who acts in an official capacity and who assists a bail bond agent in the bail bond agent's business.

3. " Occupied residential structure" means an edifice of a type that is generally used to house human beings.