New Hampshire Revised Statutes 597:7-b – Bail Agents and Recovery Agents; Licensure; Notification to Local Law Enforcement Required
Current as of: 2023 | Check for updates
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I. In this section:
(a) “Bail agent” means any person appointed by an insurer by power of attorney to execute or countersign bail bonds for the insurer in connection with judicial proceedings and who receives a premium.
For details, see N.H. Rev. Stat. 651:2
(b) “Bail recovery agent” means a person who meets the requirements of paragraph II of this section and who is offered or given any compensation for assisting a professional bondsman under N.H. Rev. Stat. Chapter 598-A or a surety in apprehending or surrendering any defendant, or keeping the defendant under necessary surveillance.
II. Any person who operates as a bail recovery agent in this state, excluding licensed private detectives, shall be trained and certified through a program approved by the Professional Bail Agents of the United States or other training program approved by the commissioner of safety and shall be licensed with the department of safety under RSA 106-F. Licensees shall also meet proficiency requirements under N.H. Rev. Stat. § 106-F:8-a. The department of safety shall issue to each licensed bail recovery agent proof of such licensure. Each bail recovery agent operating in this state shall provide to the department of safety proof of liability insurance coverage in the amount of $300,000 for bail recovery activities. This proof of insurance coverage shall be provided before the bail recovery agent is licensed or relicensed by the department of safety. Licenses shall be valid for 2 years after the date of issuance and shall be renewed every 2 years thereafter, upon application and payment of the fee and submission of continuing proof of the required liability insurance coverage. The application for renewal shall be submitted at least 15 days before the expiration of the previously granted license. Any person who operates as a bail recovery agent in this state without meeting the licensure and relicensure requirements shall be guilty of a class B misdemeanor for the first offense and a class A misdemeanor for a second offense within a 7-year period.
III. A bail recovery agent searching for a person who has violated conditions of release shall notify a municipality’s chief law enforcement officer if the search is to be conducted in the municipality’s jurisdiction. A bail recovery agent who violates the provisions of this paragraph shall be guilty of a class A misdemeanor.
(a) “Bail agent” means any person appointed by an insurer by power of attorney to execute or countersign bail bonds for the insurer in connection with judicial proceedings and who receives a premium.
Attorney's Note
Under the New Hampshire Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 1 year | up to $2,000 |
| Class B misdemeanor | [none] | up to $1,200 |
Terms Used In New Hampshire Revised Statutes 597:7-b
- 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.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- United States: shall include said district and territories. See New Hampshire Revised Statutes 21:4
(b) “Bail recovery agent” means a person who meets the requirements of paragraph II of this section and who is offered or given any compensation for assisting a professional bondsman under N.H. Rev. Stat. Chapter 598-A or a surety in apprehending or surrendering any defendant, or keeping the defendant under necessary surveillance.
II. Any person who operates as a bail recovery agent in this state, excluding licensed private detectives, shall be trained and certified through a program approved by the Professional Bail Agents of the United States or other training program approved by the commissioner of safety and shall be licensed with the department of safety under RSA 106-F. Licensees shall also meet proficiency requirements under N.H. Rev. Stat. § 106-F:8-a. The department of safety shall issue to each licensed bail recovery agent proof of such licensure. Each bail recovery agent operating in this state shall provide to the department of safety proof of liability insurance coverage in the amount of $300,000 for bail recovery activities. This proof of insurance coverage shall be provided before the bail recovery agent is licensed or relicensed by the department of safety. Licenses shall be valid for 2 years after the date of issuance and shall be renewed every 2 years thereafter, upon application and payment of the fee and submission of continuing proof of the required liability insurance coverage. The application for renewal shall be submitted at least 15 days before the expiration of the previously granted license. Any person who operates as a bail recovery agent in this state without meeting the licensure and relicensure requirements shall be guilty of a class B misdemeanor for the first offense and a class A misdemeanor for a second offense within a 7-year period.
III. A bail recovery agent searching for a person who has violated conditions of release shall notify a municipality’s chief law enforcement officer if the search is to be conducted in the municipality’s jurisdiction. A bail recovery agent who violates the provisions of this paragraph shall be guilty of a class A misdemeanor.