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  374.788.  Apprehension standards for breach of surety agreement or absconding. — 1.  A bail bond agent having probable grounds to believe a subject free on his or her bond has failed to appear as directed by a court, has breached the terms of the subject's surety agreement, or has taken a substantial step toward absconding may utilize all lawful means to apprehend the subject.  To surrender a subject to a court, a licensed bail bond or surety recovery agent having probable grounds to believe the subject is free on his or her bond may:

  (1)  Detain the subject in a lawful manner, for a reasonable time, provided that in the event travel from another state is involved, the detention period may include reasonable travel time not to exceed seventy-two hours;

  (2)  Transport a subject in a lawful manner from state to state and county to county to a place of authorized surrender; and

  (3)  Enter upon private or public property in a lawful manner to execute apprehension of a subject.

  2.  A surety recovery agent who apprehends a subject pursuant to the provisions of subsection 1 of this section shall surrender custody of the subject to the court of jurisdiction.

  3.  When a surety recovery agent is in the process of performing fugitive recovery, a photographic identification card shall be prominently displayed on his or her person.


(L. 2004 S.B. 1122)

Effective 1-01-05

< end of effective 01 Jan 2005 >

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