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Terms Used In Iowa Code 811.12

  • 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.
  • following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
  • person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
  • state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
811.12 Limitations.
1. A person shall not take or attempt to take into custody the principal on a bail bond,
either as a surety on a bail bond in a criminal proceeding or as an agent of such surety, unless such person has complied with all of the following, if applicable:
a. Notification or registration with a chief law enforcement officer under § 80A.3A.
b. Licensing requirements for bail enforcement businesses and bail enforcement agents under chapter 80A.
2. A person other than a certified peace officer shall not be authorized to apprehend, detain, or arrest a principal on a bail bond, wherever issued, unless one of the following applies:
a. The person is a bail enforcement agent licensed under chapter 80A and has notified the chief law enforcement officer under § 80A.3A.
b. The person is a bail enforcement agent licensed under the laws of another state and has registered with the chief law enforcement officer under § 80A.3A.
c. The person is a bail enforcement agent from a state that does not license such businesses who has registered with the chief law enforcement officer under § 80A.3A. d. The person is a bail enforcement agent exempt from licensing requirements pursuant
to § 80A.2, subsection 3.
98 Acts, ch 1149, §13; 99 Acts, ch 105, §1
Referred to in §80A.3A, 811.8