Where I Stand — Mike O’Callaghan: Congress should act to dampen bounty hunter abuses

Friday, March 20, 1998 | 10:39 a.m.

THE CITIZEN PROTECTION ACT of 1998 deserves the attention of every American. Rep. Asa Hutchinson, R-Ark., the sponsor of the act in HR3168, has hit on an idea long avoided by many lawmakers and law enforcers over the past several decades.

When presenting HR3168, Hutchinson noted that "the Citizen Protection Act fulfills an important public safety goal -- namely keeping innocent citizens safe from the abusive actions of rogue bounty hunters. And it does so without creating a new federal bureaucracy or imposing any mandates on the states."

During recent years, I've noticed that the personal backgrounds of a few local self-proclaimed bounty hunters leaves much to be desired. One case, in particular, came to the attention of news media when a known bounty hunter became involved in a killing. This had me checking with a couple of local bail bondsmen who told me that the offender wouldn't have been allowed to work for them.

Hutchinson says, "Many professional bounty hunters and bail bondsmen support regulation of their industry in order to drive out rogue actors who undermine the industry's reputation and credibility. In fact, in my home state, the chairman of the Arkansas Bail Bond Licensing Board has endorsed the bill, as has a board member of the Arkansas Professional Bail Association. Law enforcement agents have also been supportive of the notification requirement, arguing that they want to be aware of bounty hunter activities in their jurisdictions."

Strange as it may seem, the case in Phoenix last year that brought national attention to bounty hunter abuses didn't involve "licensed" bounty hunters. The men claiming to be bounty hunters invaded a home and killed an innocent couple. Hutchinson points out this isn't an isolated case. Some recent examples here in the West include:

The passage of the Citizens Protection Act will be a good first step to control some bounty hunter abuses. This will be a federal statute designed to "clarify that bail bond sureties and bounty hunters are subject to both civil and criminal liability for violations of federal rights under existing federal civil rights law, and for other purposes."

HR3168 does reach into the activities between states when stating: "It shall be the duty of each surety on a bail bond and of each bounty hunter, who, in a state, seeks to obtain or exercise custody over a person admitted to bail outside that state, before commencing activities in that state, to inform the local law enforcement agency of such information pertaining to the surety or bounty hunter as is required under the law of that state."

Next, it will be the duty of the 1999 Nevada Legislature to review and strengthen any and all bail bond laws pertaining to the use of bounty hunters. This additional protection will benefit Nevadans and make certain that bounty hunters from Nevada, and other states, won't abuse them. The federal statute will give us muscle to protect residents of the Silver State from outsiders wandering into our state, abusing people and snatching an innocent person.

Nevada should demand that a bounty hunter who doesn't follow all of the rules required of law enforcement officers will be arrested and prosecuted for kidnapping.