Bail bond agents/immigration

AN ACT Relating to declaring civil immigration enforcement as 1
unprofessional conduct of bail bond recovery agents; and amending RCW 2
18.185.110. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 18.185.110 and 2008 c 105 s 4 are each amended to 5
read as follows: 6
In addition to the unprofessional conduct described in RCW 7
18.235.130, the following conduct, acts, or conditions constitute 8
unprofessional conduct: 9
(1) Violating any of the provisions of this chapter or the rules 10
adopted under this chapter; 11
(2) Failing to meet the qualifications set forth in RCW 12
18.185.020, 18.185.030, and 18.185.250; 13
(3) Knowingly committing, or being a party to, any material 14
fraud, misrepresentation, concealment, conspiracy, collusion, trick, 15
scheme, or device whereby any other person lawfully relies upon the 16
word, representation, or conduct of the licensee. However, this 17
subsection (3) does not prevent a bail bond recovery agent from using 18
any pretext to locate or apprehend a fugitive criminal defendant or 19
gain any information regarding the fugitive; 20
S-1268.1
SENATE BILL 5714
State of Washington 69th Legislature 2025 Regular Session
By Senators Trudeau, Torres, Hasegawa, Nobles, Valdez, and C. Wilson
Read first time 02/10/25. Referred to Committee on Law & Justice.
p. 1 SB 5714
(4) Assigning or transferring any license issued pursuant to the 1
provisions of this chapter, except as provided in RCW 18.185.030 or 2
18.185.250; 3
(5) Conversion of any money or contract, deed, note, mortgage, or 4
other evidence of title, to his or her own use or to the use of his 5
or her principal or of any other person, when delivered to him or her 6
in trust or on condition, in violation of the trust or before the 7
happening of the condition; and failure to return any money or 8
contract, deed, note, mortgage, or other evidence of title within 9
thirty days after the owner is entitled to possession, and makes 10
demand for possession, shall be prima facie evidence of conversion;11
(6) Failing to keep records, maintain a trust account, or return 12
collateral or security, as required by RCW 18.185.100;13
(7) Any conduct in a bail bond transaction which demonstrates bad 14
faith, dishonesty, or untrustworthiness; 15
(8) Violation of an order to cease and desist that is issued by 16
the director under chapter 18.235 RCW; 17
(9) Wearing, displaying, holding, or using badges not approved by 18
the department; 19
(10) Making any statement that would reasonably cause another 20
person to believe that the bail bond recovery agent is a sworn peace 21
officer; 22
(11) Failing to carry a copy of the contract or to present a copy 23
of the contract as required under RCW 18.185.270(1);24
(12) Using the services of an unlicensed bail bond recovery agent 25
or using the services of a bail bond recovery agent without issuing 26
the proper contract; 27
(13) Misrepresenting or knowingly making a material misstatement 28
or omission in the application for a license; 29
(14) Using the services of a person performing the functions of a 30
bail bond recovery agent who has not been licensed by the department 31
as required by this chapter; 32
(15) Performing the functions of a bail bond recovery agent 33
without being both (a) licensed under this chapter or supervised by a 34
licensed bail bond recovery agent under RCW 18.185.290; and (b) under 35
contract with a bail bond agent; 36
(16) Performing the functions of a bail bond recovery agent 37
without exercising due care to protect the safety of persons other 38
than the defendant and the property of persons other than the 39
defendant; ((or))40
p. 2 SB 5714
(17) Using a dog in the apprehension of a fugitive criminal 1
defendant; or2
(18) Using the position of a bail bond recovery agent to enforce 3
a civil immigration warrant as defined in RCW 43.17.420.4
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p. 3 SB 5714