Chapter 533a

Sec. 29-152f. Application for license. Requirements. Any person desiring to engage in the business of a bail enforcement agent shall apply to the Commissioner of Emergency Services and Public Protection for a license therefor. Such application shall set forth under oath the full name, age, date and place of birth, residence and occupation of the applicant. It shall also set forth under oath a statement of whether the applicant has been charged with or convicted of a crime, and such other information, including fingerprints and photographs, as required by the commissioner. The commissioner shall require the applicant to submit proof that he or she is at least twenty-one years of age and has received a high school diploma or an equivalent academic education. The commissioner shall require the applicant to submit to state and national criminal history records checks. The criminal history records checks required pursuant to this section shall be conducted in accordance with section 29-17a. Within five years prior to the date of application, the applicant shall have successfully completed a course in the criminal justice system consisting of not less than twenty hours of study approved by the commissioner. No person who has been convicted of a felony or any misdemeanor under section 21a-279, 53a-58, 53a-61, 53a-61a, 53a-62, 53a-63, 53a-96, 53a-173, 53a-175, 53a-176, 53a-178 or 53a-181d shall be licensed to do business as a bail enforcement agent in this state. No person engaged in law enforcement or vested with police powers shall be licensed to do business as a bail enforcement agent. No person who has not attained twenty-one years of age or has not received a high school diploma or an equivalent academic education shall be licensed to do business as a bail enforcement agent.

(P.A. 97-287, S. 2; P.A. 99-240, S. 18; P.A. 01-175, S. 25, 32; P.A. 11-51, S. 134; P.A. 13-94, S. 3.)

History: P.A. 99-240 added fingerprinting requirement and listed misdemeanors disqualifying applicants; P.A. 01-175 replaced language re fingerprints with language re criminal history records checks pursuant to Sec. 29-17a, effective July 1, 2001; pursuant to P.A. 11-51, “Commissioner of Public Safety” was changed editorially by the Revisors to “Commissioner of Emergency Services and Public Protection”, effective July 1, 2011; P.A. 13-94 added provisions requiring applicant to submit proof of being at least 21 years old and having high school diploma or equivalent academic education and prohibiting licensure if applicant has not met such age and education requirements.

Sec. 29-152g. Investigation of applicant. Issuance of license. Fee. Term. Upon being satisfied, after investigation, that the applicant is a suitable person to receive a license as a bail enforcement agent, and that the applicant meets the licensing requirements of section 29-152f, the Commissioner of Emergency Services and Public Protection may issue a license to such applicant to do business in this state as a bail enforcement agent. The fee for such license shall be two hundred dollars. Each such license shall be for such term not exceeding one year as said commissioner determines. Any bail enforcement agent holding a license issued pursuant to this section or section 29-152h shall notify the commissioner within two business days of any change of address. The notification shall include the bail enforcement agent's old address and new address.

(P.A. 97-287, S. 3; P.A. 99-240, S. 19; June Sp. Sess. P.A. 09-3, S. 314; P.A. 11-51, S. 134.)

History: P.A. 99-240 replaced “good character, competency and integrity” with “a suitable person” and added requirement of notification of change of address; June Sp. Sess. P.A. 09-3 increased license fee from $100 to $200; pursuant to P.A. 11-51, “Commissioner of Public Safety” was changed editorially by the Revisors to “Commissioner of Emergency Services and Public Protection”, effective July 1, 2011.

Sec. 29-152h. Renewal of license. Each person licensed as a bail enforcement agent under the provisions of sections 29-152f to 29-152i, inclusive, may apply for a renewal of such license upon renewal application forms provided by the Commissioner of Emergency Services and Public Protection and requiring the disclosure of such information as said commissioner requires in determining whether or not such agent's suitability to continue in such business has changed since the issuance of any prior license. The fee for renewal of a bail enforcement agent's license shall be one hundred dollars.

(P.A. 97-287, S. 4; P.A. 99-240, S. 20; P.A. 11-51, S. 134.)

History: P.A. 99-240 replaced “such agent's fitness” with “such agent's suitability”; pursuant to P.A. 11-51, “Commissioner of Public Safety” was changed editorially by the Revisors to “Commissioner of Emergency Services and Public Protection”, effective July 1, 2011.

Sec. 29-152i. Suspension, revocation or nonrenewal of license. The Commissioner of Emergency Services and Public Protection may suspend, revoke or refuse to renew the license of any bail enforcement agent, provided notice shall have been given to the licensee to appear before the commissioner to show cause why the license should not be suspended, revoked or refused renewal, upon a finding by the commissioner that: (1) The licensee has violated any of the terms or provisions of sections 29-152e to 29-152m, inclusive, or section 38a-660a or any of the regulations adopted under section 29-152o; (2) the licensee has practiced fraud, deceit or misrepresentation; (3) the licensee has made a material misstatement in the application for issuance or renewal of such license; (4) the licensee has demonstrated incompetence or untrustworthiness in the conduct of the licensee's business; (5) the licensee is subject to a restraining or protective order issued by a court in a case involving the use, attempted use or threatened use of physical force against another person; (6) the licensee has been convicted of a felony, a misdemeanor specified in section 29-152f, or other crime affecting the licensee's honesty, integrity or moral fitness; or (7) the licensee is unsuitable. The suspension or revocation of, or the refusal to renew, any bail enforcement agent's license shall also constitute the revocation of the bail enforcement agent's firearms permit issued pursuant to section 29-152m. Any bail enforcement agent who fails to surrender such license within five days of notification in writing of the suspension or revocation of, or refusal to renew, such license shall be guilty of a class C misdemeanor. Any party aggrieved by an order of the commissioner under this section may appeal therefrom in accordance with the provisions of section 4-183, except venue for such appeal shall be in the judicial district of Hartford.

(P.A. 88-230, S. 10, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 7, 8; P.A. 95-220, S. 4–6; P.A. 97-287, S. 5; June Sp. Sess. P.A. 98-1, S. 91, 121; P.A. 99-240, S. 21; P.A. 11-51, S. 134; P.A. 13-94, S. 4.)

History: (Revisor's note: P.A. 88-230, 90-98, 93-142 and 95-220 authorized substitution of “judicial district of Hartford” for “judicial district of Hartford-New Britain” in public and special acts of 1997, effective September 1, 1998); June Sp. Sess. P.A. 98-1 made technical changes, effective June 24, 1998; P.A. 99-240 gave the commissioner the authority to refuse to renew a license, added unsuitability as a basis to suspend, revoke or refuse to renew a license, provided that suspension, revocation or refusal to renew a license also revokes the firearms permit, made failure to surrender a license a class C misdemeanor and made provisions gender neutral; pursuant to P.A. 11-51, “Commissioner of Public Safety” was changed editorially by the Revisors to “Commissioner of Emergency Services and Public Protection”, effective July 1, 2011; P.A. 13-94 added new Subdiv. (5) re licensee being subject to restraining or protective order and redesignated existing Subdivs. (5) and (6) as Subdivs. (6) and (7).

Sec. 29-152j. Notice to courts and police departments of names of professional bondsmen and bail enforcement agents. The Commissioner of Emergency Services and Public Protection shall furnish to all courts and to all organized police departments in the state, the names of all persons licensed as professional bondsmen under chapter 533 or bail enforcement agents under the provisions of sections 29-152f to 29-152i, inclusive, and shall forthwith notify such courts and all such police departments of any change in any such bondsman's or agent's status or of the suspension or revocation of the license of any such bondsman or agent to engage in such business.

(P.A. 97-287, S. 6; P.A. 11-51, S. 134.)

History: Pursuant to P.A. 11-51, “Commissioner of Public Safety” was changed editorially by the Revisors to “Commissioner of Emergency Services and Public Protection”, effective July 1, 2011.

Sec. 29-152k. Notice to law enforcement agency prior to apprehension of principal. Prior to taking or attempting to take into custody the principal on a bond, a professional bondsman licensed under chapter 533, a surety bail bond agent licensed under chapter 700f or a bail enforcement agent licensed under sections 29-152f to 29-152i, inclusive, shall notify the police department or resident state trooper for, or state police troop having jurisdiction over, the municipality in which the principal is believed to be located of such bondsman's or agent's intentions.

(P.A. 97-287, S. 8.)

Sec. 29-152l. Restrictions on wearing or displaying certain uniforms, badges or other insignia. (a) No professional bondsman licensed under chapter 533, surety bail bond agent licensed under chapter 700f or bail enforcement agent licensed under sections 29-152f to 29-152i, inclusive, shall wear, carry or display any uniform, badge, shield or other insignia or emblems that purport to indicate that such bondsman or agent is an employee, officer or agent of the state or any political subdivision of the state or of the federal government.

(b) No bail enforcement agent licensed under sections 29-152f to 29-152i, inclusive, shall wear, carry or display a badge that indicates that he or she is a bail enforcement agent or performs the duties of a bail enforcement agent unless the Commissioner of Emergency Services and Public Protection has approved such badge. If the commissioner suspends or revokes, or refuses to renew, the license of a bail enforcement agent, such agent shall surrender any badge approved by the commissioner pursuant to this subsection when such agent surrenders such license pursuant to section 29-152i. Any violation of this subsection shall be an infraction.

(P.A. 97-287, S. 9; P.A. 13-94, S. 5.)

History: P.A. 13-94 designated existing provisions as Subsec. (a) and added Subsec. (b) re approval of badge of bail enforcement agent, surrender of badge and penalty for violation.

Sec. 29-152m. Permit to carry firearm required. Training required. Regulations. (a) No professional bondsman licensed under chapter 533, surety bail bond agent licensed under chapter 700f or bail enforcement agent licensed under sections 29-152f to 29-152i, inclusive, shall carry a pistol, revolver or other firearm while engaging in the business of a professional bondsman, surety bail bond agent or bail enforcement agent, as the case may be, or while traveling to or from such business unless such bondsman or agent obtains a special permit from the Commissioner of Emergency Services and Public Protection in accordance with the provisions of subsection (b) of this section. The permit required under this section shall be in addition to the permit requirement imposed under section 29-28 and shall not be issued until the applicant has been issued a permit under section 29-28.

(b) The Commissioner of Emergency Services and Public Protection may grant to any professional bondsman licensed under chapter 533, surety bail bond agent licensed under chapter 700f or bail enforcement agent licensed under sections 29-152f to 29-152i, inclusive, a permit to carry a pistol or revolver or other firearm while engaging in the business of professional bondsman, surety bail bond agent or bail enforcement agent, as the case may be, or while traveling to or from such business, provided that such bondsman or agent has proven to the satisfaction of the commissioner that such bondsman or agent has successfully completed a course, approved by the commissioner, of training in the safety and use of firearms.

(c) An application for a permit pursuant to this section shall be made on forms provided by the commissioner and shall be accompanied by a fee of sixty-two dollars. Such permit shall have an expiration date that coincides with that of the state permit to carry a pistol or revolver issued pursuant to section 29-28.

(d) A permit issued pursuant to this section shall be renewable every five years with a renewal fee of sixty-two dollars. Each holder of a permit issued pursuant to this section shall successfully complete an annual firearms safety refresher course approved by the commissioner as a condition of such renewal. The commissioner shall send, by first class mail, a notice of expiration of the bail enforcement agent firearms permit issued pursuant to this section, together with a notice of expiration of the permit to carry a pistol or revolver issued pursuant to section 29-28, in one combined form. The commissioner shall send such combined notice to the holder of the permits not later than ninety days before the date of the expiration of both permits, and shall enclose a form for renewal of the permits. A bail enforcement agent firearms permit issued pursuant to this section shall be valid for a period of ninety days after the expiration date, except this provision shall not apply if the permit to carry a pistol or revolver has been revoked or revocation is pending pursuant to section 29-32, in which case the bail enforcement agent firearms permit shall also be revoked.

(e) The commissioner shall adopt regulations in accordance with the provisions of chapter 54 concerning the approval of schools, institutions or organizations offering firearms safety courses, the requirements for instructors and the required number of hours and content of such courses.

(P.A. 97-287, S. 10; June Sp. Sess. P.A. 98-1, S. 92, 121; P.A. 99-240, S. 22; June Sp. Sess. P.A. 09-3, S. 315; P.A. 11-51, S. 134; P.A. 13-94, S. 6.)

History: June Sp. Sess. P.A. 98-1 made technical changes in Subsec. (a), effective June 24, 1998; P.A. 99-240 amended Subsec. (c) by providing for identical expiration dates on the two firearms permits required for bondsmen or agents and made provisions of entire section gender neutral; June Sp. Sess. P.A. 09-3 amended Subsec. (c) to increase permit fees from $31 to $62; pursuant to P.A. 11-51, “Commissioner of Public Safety” was changed editorially by the Revisors to “Commissioner of Emergency Services and Public Protection”, effective July 1, 2011; P.A. 13-94 amended Subsec. (a) to add provision prohibiting issuance of special permit until applicant has been issued permit under Sec. 29-28, amended Subsec. (b) to delete provision re regulations, repositioning same as Subsec. (e), amended Subsec. (c) to make technical changes, and designated provisions of Subsec. (c) re expiration and renewal of permit as Subsec. (d) and amended same to require permit holder to successfully complete annual firearms safety refresher course as condition of renewal.

Sec. 29-152n. Penalty. Any person who violates any provision of sections 29-152e to 29-152m, inclusive, for which no other penalty is provided, shall be guilty of a class D felony.

(P.A. 97-287, S. 11; P.A. 99-240, S. 23; P.A. 10-5, S. 52; P.A. 13-94, S. 9.)

History: P.A. 99-240 replaced stated fine and imprisonment with classification of violation of section as class D felony; P.A. 10-5 deleted reference to Sec. 38a-660a, effective May 5, 2010; P.A. 13-94 added “for which no other penalty is provided,”.

Sec. 29-152o. Regulations. The Commissioner of Emergency Services and Public Protection shall adopt regulations in accordance with the provisions of chapter 54 to carry out the provisions of sections 29-152f to 29-152i, inclusive.

(P.A. 97-287, S. 12; P.A. 11-51, S. 134.)

History: Pursuant to P.A. 11-51, “Commissioner of Public Safety” was changed editorially by the Revisors to “Commissioner of Emergency Services and Public Protection”, effective July 1, 2011.

Sec. 29-152p. Approval of instructors. Fee. Term. Renewal. Regulations. Penalty. Suspension, revocation or nonrenewal of approval. (a) On and after October 1, 2013, no person may be an instructor for a course in the criminal justice system for purposes of section 29-152f or a course in the safety and use of firearms for purposes of subsection (b) of section 29-152m without the approval of the Commissioner of Emergency Services and Public Protection.

(b) (1) An application for approval as an instructor shall be submitted on a form prescribed by the commissioner. Such application shall be made under oath and contain the following: (A) The applicant's name, address and date and place of birth; (B) the applicant's employment for the five years prior to the date of application; (C) the applicant's education or training in the subject matter of the course required under section 29-152f or subsection (b) of section 29-152m, as applicable; (D) any convictions for violations of the law; and (E) such other information as the commissioner may require by regulation adopted pursuant to this section for purposes of investigating the character, competency and integrity of the applicant.

(2) No person shall be approved as an instructor who (A) has been convicted of a felony or any misdemeanor pursuant to section 21a-279, 53a-58, 53a-61, 53a-61a, 53a-62, 53a-63, 53a-96, 53a-173, 53a-175, 53a-176, 53a-178 or 53a-181d, (B) has been denied a license as a professional bondsman, surety bail bond agent or bail enforcement agent, or (C) has had such license suspended or revoked.

(3) If a course conducted by an instructor under section 29-152f or subsection (b) of section 29-152m is approved by the commissioner on or before October 1, 2013, the instructor of such course shall, notwithstanding subsection (a) of this section, have until April 1, 2014, to apply for approval as an instructor in accordance with this subsection.

(c) Upon being satisfied, after investigation, that the applicant satisfies the requirements of subsection (b) of this section and is a suitable person to be approved as an instructor, the commissioner may issue an approval to such applicant to do business in this state as an approved instructor. The fee for such approval shall be fifty dollars. The term of such approval shall not exceed two years from the date of the initial approval. Any person approved as an instructor under this section shall notify the commissioner of any change in such person's address not later than two business days after such change. The notification shall include the person's old address and new address.

(d) Each person approved as an instructor under this section may apply for renewal of such approval on a form prescribed by the commissioner that provides for the disclosure of such information as the commissioner may require to determine whether such person's suitability to continue as an instructor has changed since the issuance of the prior approval. The fee for such renewal shall be fifty dollars.

(e) The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of subsections (a) to (f), inclusive, of this section.

(f) Any person who violates any provision of subsection (a) of this section shall be fined seventy-five dollars for each offense. Each distinct violation of subsection (a) of this section shall be a separate offense and, in the case of a continuing violation, each day thereof shall be deemed a separate offense.

(g) The Commissioner of Emergency Services and Public Protection may suspend, revoke or refuse to renew the approval of any instructor issued pursuant to subsections (a) to (f), inclusive, of this section, provided the commissioner has given notice to the instructor to appear before the commissioner to show cause why the approval should not be suspended, revoked or refused renewal, upon a finding by the commissioner that the instructor: (1) Has violated any of the terms or provisions of subsections (a) to (f), inclusive, of this section; (2) has practiced fraud, deceit or misrepresentation; (3) has made a material misstatement in the application for issuance or renewal of such approval; (4) has demonstrated incompetence or untrustworthiness in the conduct of the instructor's courses; (5) has been convicted of a felony, a misdemeanor specified in subdivision (2) of subsection (b) of this section or any crime affecting the instructor's honesty, integrity or moral fitness; or (6) is otherwise unsuitable. Any party aggrieved by an order of the commissioner under this subsection may appeal therefrom in accordance with the provisions of section 4-183, except venue for such appeal shall be in the judicial district of Hartford.

(P.A. 13-94, S. 7, 8.)

Secs. 29-152q to 29-152t. Reserved for future use.