Iowa Code Title 3: Public Services and Regulation, Subtitle 1: Public Safety, Chapter 80A: Private Investigative Agencies and Security Agents

Iowa Code Title 16: Criminal Law and Procedure, Subtitle 2: Criminal Procedure, Chapter 811: Pretrial Release- Bail.

The Regulatory Body is the Department of Public Safety for Bail Enforcement Agents and the Department of Insurance for Bail Agents.

2. Licensing Requirements

Bail agents are licensed as insurance producers in Iowa and must comply with the following for licensure:

• Be at least 18 years of age
• Not have been convicted of a felony, or found to have committed insurance fraud, unfair trade practices, student loan default or child support default
• Take and pass written examination testing knowledge of insurance laws of Iowa
• Pay $50 examination fee
• Fill out required application forms
• Have the character and competence to act as an insurance producer
• Not have been denied an insurance producer license in any other state or territory

3. Notice of Forfeiture

If the defendant fails to appear, the court must direct an entry of the failure to be made of record, and the undertaking of the defendant's bail, or the money deposited, is thereupon forfeited.

[IC § 10-2-811.6]

The court shall direct the clerk of the district court of the county to give ten days' notice in writing to the defendant and the defendant's sureties to appear and show cause, if any, why judgment should not be entered for the amount of bail.

If such appearance is not made, judgment shall be entered by the court. If appearance is made, the court shall set the case down for immediate hearing as an ordinary action.

4. Forfeiture to Judgment

The period between forfeiture and judgment is 10 days. [IC § 10-2-811.6]

5. Forfeiture Defenses

While there appear to be no statutory defenses to forfeiture, Iowa case law reflects that forfeiture may be avoided only when a bondsman shows some “reasonable excuse” for failing to produce the defendant. See State v. Costello , 489 N.W.2d 735 ( Iowa , 1992)

6. Remission

Where a forfeiture and judgment have been entered as provided in this section, and the amount of the judgment has been paid to the clerk, the clerk shall hold the same as funds of the clerk's office for a period of sixty days from the date of judgment.

The court may, upon application, set aside such judgment if, within sixty days from the date thereof, the defendant shall voluntarily surrender to the sheriff of the county, or the defendant's sureties shall, at their own expense, deliver the defendant to the custody of the sheriff. Such judgment shall not be set aside, however, unless as a condition precedent thereto, the defendant and the defendant's sureties shall have paid all costs and expenses incurred in connection therewith. [IC § 10-2-811.6]

7. Bail Agent's Arrest Authority

For the purpose of surrendering the defendant, the surety, at any time may arrest the defendant, or, by a written authority endorsed on a certified copy of the undertaking, may empower any person of suitable age and discretion to do so. In making an arrest pursuant to this subsection, the surety or any person empowered by the surety shall possess no more authority than a peace officer would possess in making a lawful arrest under section 804.8, 804.13, 804.14, or 804.15. [IC § 10-2-811.8]

8. Other Noteworthy Provisions

Civil liability of bail enforcement agents. [IC § 3-1-80A.16A]

A person other than a defendant who is injured in person or property by the actions of a bail enforcement agent in taking or attempting to take a defendant into custody may bring a civil action for damages against such agent and the bail enforcement business for breach of any applicable standard of care.

Notwithstanding the limitation of liability of any surety for the actions of a bail enforcement agent or bail enforcement business, the court shall enter a judgment against a bail enforcement agent or bail enforcement business determined to have breached the applicable standard of care. The judgment shall include an award of treble damages, and recovery of costs and reasonable attorney fees.

9. Noteworthy Appellate Decisions

State of Iowa v. Hawkeye Bail Bonds , No. 96-764

Supreme Court of Iowa, June 18, 1997.

Hawkeye Bail Bonds acted as surety on two bonds posted by Juan Jose Rojas- Cardona (the defendant) in two separate appeals from criminal convictions. After the convictions were affirmed on appeal, the defendant requested and obtained delays in the issuance of the mittimus in each case. When the extended time expired and the defendant did not appear, the court forfeited his bonds. The surety appealed.

Hawkeye raises three issues on appeal: (1) whether the court's delays in the issuance of the mittimus were illegal, thus relieving the surety of its obligation; (2) whether extending the mittimus improperly modified Hawkeye's obligation; and (3) whether the defendant's appearance at the August 5, 1994 probation revocation hearing constituted an appearance that would satisfy Hawkeye's obligation.

The court concludes that nothing in the statutes prohibited the extension of the time for issuance of the mittimus. The court further concludes that the court's extension of the time for execution of the judgments did not modify the bail bonds so as to relieve Hawkeye of its liability. In the present case, however, the bond required that the defendant surrender himself in execution of the judgment. This never occurred. Although the defendant was in the presence of the court after the appeal on August 5, 1994, the actual execution of his judgment was not set until November 15, 1994. The defendant did not appear, and the terms of the bond were not fulfilled. The court agrees with the district court that the surety remains liable under these appeal bonds. The decision is affirmed.

State of Iowa v. McFarland, No. 97-1928.

Court of Appeals of Iowa., April 30, 1999.

Philip McFarland and Edward Green claimed to be bounty hunters. In March 1997, they allegedly received a tip that Maurecio Gomez had skipped bail and was staying at a mobile home park in Des Moines . On March 18, 1997, sometime between 1:30 and 2:30 a.m., McFarland and Green arrived at the mobile home of Wendell and Sandy Leach. The Leaches and three of their four children were home. McFarland began pounding on the front door of the Leach mobile home. When Wendell Jr. asked what was going on, McFarland broke the front door open and barged into the home. In the process, the door flew open and Wendell Jr. was knocked against a closet. McFarland said he was a bounty hunter and stated he was "looking for some Mexicans." Sandy and Wendell argued with McFarland about his being in their home. McFarland threatened to "smack" Sandy if she did not "shut up." When McFarland realized Gomez was not connected with the Leaches, he apologized, left the home, and went to the trailer next door. McFarland was charged with second-degree burglary.

At trial, McFarland's request for a jury instruction on a citizen's arrest, which he claimed encapsulated his defense, was denied. McFarland was convicted of second- degree burglary and sentenced to an indeterminate ten-year sentence. McFarland appeals. The court holds the citizen's arrest defense cannot be used as an affirmative defense to burglary or assault when unlawful entry or force is used against an innocent third person, who is neither a felon nor a person interfering with the lawful arrest of a felon. Courts from several other states have held the same. The court finds that for these reasons, the trial court did not err in refusing to give the jury instruction.

State v. Sellers , 258 N.W.2d 292 ( Iowa 1977).

Fact that agent who executed bail bonds was not licensed by the State of Iowa did not preclude insurer from being held liable on the bonds.

10. Bounty Hunter Provisions

"Bail enforcement agent" means a person engaged in the bail enforcement business, including licensees and persons engaged in the bail enforcement business whose principal place of business is in a state other than Iowa . [IC § 3-1-80A.4]

Bail enforcement agents must comply with the following for licensure: [IC § 3-1-80A.1]

• Be eighteen years of age or older.
• Applicant may not be not a peace officer.
• Have never been convicted of a felony or aggravated misdemeanor.
• Applicant must not be addicted to the use of alcohol or a controlled substance.
• Does not have a history of repeated acts of violence.
• Be of good moral character and has not been judged guilty of a crime involving moral turpitude.
• Has not been convicted of a crime described in section 708.3 , 708.4, 708.5, 708.6, 708.8, or 708.9
• Have not been convicted of illegally using, carrying or possessing a dangerous weapon.
• Have not been convicted of fraud.
• Submit to fingerprinting and background check

The fee for a two-year license for a bail enforcement business is one hundred dollars.