Arizona Laws 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 to arrest the defendant.
Attorney's Note
Under the Arizona Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 5 felony | up to 2 years | up to $150,000 |
Terms Used In Arizona Laws 13-3885
- Arrest: Taking physical custody of a person by lawful authority.
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Conduct: means an act or omission and its accompanying culpable mental state. See Arizona Laws 13-105
- Contract: A legal written agreement that becomes binding when signed.
- Crime: means a misdemeanor or a felony. See Arizona Laws 13-105
- Dangerous instrument: means anything that under the circumstances in which it is used, attempted to be used or threatened to be used is readily capable of causing death or serious physical injury. See Arizona Laws 13-105
- Deadly weapon: means anything designed for lethal use, including a firearm. See Arizona Laws 13-105
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Felony: means an offense for which a sentence to a term of imprisonment in the custody of the state department of corrections is authorized by any law of this state. See Arizona Laws 13-105
- Government: means the state, any political subdivision of the state or any department, agency, board, commission, institution or governmental instrumentality of or within the state or political subdivision. See Arizona Laws 13-105
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 13-105
- Possession: means a voluntary act if the defendant knowingly exercised dominion or control over property. See Arizona Laws 13-105
- Writing: includes printing. See Arizona Laws 1-215
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 this state.
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 using a bail recovery agent shall advise the department of insurance and financial institutions 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 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 listing all bail recovery agents employed, hired as independent contractors or otherwise used 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 who is not licensed in this state shall contract with a bail bond agent who is licensed in this state to retain the services of a bail recovery agent in this state.
F. A person who violates subsection B or E of this section is guilty of a class 5 felony. A 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 20-340.
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 used 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.