Ohio Code 2927.27 – Illegal bail bond agent practices
(A) No person, other than a law enforcement officer, shall apprehend, detain, or arrest a principal on bond, wherever issued, unless that person meets all of the following criteria:
Attorney's Note
Under the Ohio Code, punishments for crimes depend on the classification. In the case of this section:Class | Prison | Fine |
---|---|---|
Felony of the third degree | 9 months to 5 years | up to $10,000 |
Misdemeanor of the first degree | up to 180 days | up to $1,000 |
Terms Used In Ohio Code 2927.27
- 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.
- Bond: includes an undertaking. See Ohio Code 1.02
- Contract: A legal written agreement that becomes binding when signed.
- 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: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- state: means the state of Ohio. See Ohio Code 1.59
- Whoever: includes all persons, natural and artificial; partners; principals, agents, and employees; and all officials, public or private. See Ohio Code 1.02
(1) The person is any of the following:
(a) Qualified, licensed, and appointed as a surety bail bond agent under sections 3905.83 to 3905.95 of the Revised Code;
(b) Licensed as a surety bail bond agent by the state where the bond was written;
(c) Licensed as a private investigator under chapter 4749. of the Revised Code;
(d) Licensed as a private investigator by the state where the bond was written;
(e) An off-duty peace officer, as defined in section 2921.51 of the Revised Code.
(2) The person, prior to apprehending, detaining, or arresting the principal, has entered into a written contract with the surety or with a licensed surety bail bond agent appointed by the surety, which contract sets forth the name of the principal who is to be apprehended, detained, or arrested.
For purposes of division (A)(2) of this section, “surety” has the same meaning as in section 3905.83 of the Revised Code.
(3) The person, prior to apprehending, detaining, or arresting the principal, has notified the local law enforcement agency having jurisdiction over the area in which such activities will be performed and has provided any form of identification or other information requested by the law enforcement agency.
(B) No person shall represent the person’s self to be a bail enforcement agent or bounty hunter, or claim any similar title, in this state.
(C)(1) Whoever violates this section is guilty of illegal bail bond agent practices.
(2) A violation of division (A) of this section is a misdemeanor of the first degree or, if the offender previously has been convicted of or pleaded guilty to two or more violations of division (A) of this section, a felony of the third degree.
(3) A violation of division (B) of this section is a misdemeanor of the first degree or, if the offender previously has been convicted of or pleaded guilty to two or more violations of division (B) of this section, a felony of the third degree.