A. Any violations of the restrictions or standards under subsection B shall be grounds for placing on probation, refusal to issue or renew, sanctioning, suspension or revocation of the bail enforcement agent's license. A licensed bail enforcement agent is responsible for ensuring that his employees, partners and individuals contracted to perform services for or on his behalf comply with all of these provisions, and do not violate any of the restrictions that apply to bail enforcement agents. Violations by a bail enforcement agent's employee, partner or agent may be grounds for disciplinary action against the bail enforcement agent, including probation, suspension, or revocation of license.
B. A licensed bail enforcement agent shall not:
1. Engage in any fraud or willful misrepresentation, or provide materially incorrect, misleading, incomplete or untrue information in applying for an original license, or renewal of an existing license, or in submitting any documents to the Department.
2. Use any letterhead, advertising, or other printed matter in any manner representing that he is an agent, employee, or instrumentality of the federal government, a state, or any political subdivision of a state.
3. Impersonate, permit or aid and abet any employee to impersonate, a law-enforcement officer or employee of the United States, any state, or a political subdivision of a state.
4. Use a name different from that under which he is currently licensed for any advertising, solicitation, or contract to secure business unless the name is an authorized fictitious name.
5. Coerce, suggest, aid and abet, offer promise of favor, or threaten any person to induce that person to commit any crime.
6. Give or receive, directly or indirectly, any gift of any kind to any nonelected public official or any employee of a governmental agency involved with the administration of justice, including but not limited to law-enforcement personnel, magistrates, judges, jail employees, and attorneys. De minimis gifts, not to exceed $50 per year per recipient, are acceptable, provided the purpose of the gift is not to directly solicit business, or would otherwise be a violation of Department regulations or the laws of the Commonwealth.
7. Knowingly violate, advise, encourage, or assist in the violation of any statute, court order, or injunction in the course of conducting activities regulated under this chapter.
8. Solicit business for an attorney in return for compensation.
9. Willfully neglect to render to a client services or a report as agreed between the parties and for which compensation has been paid or tendered in accordance with the agreement of the parties, but if the bail enforcement agent chooses to withdraw from the case and returns the funds for work not yet done, no violation of this section exists.
10. Fail to comply with any of the statutory or regulatory requirements governing licensed bail enforcement agents.
11. Fail or refuse to cooperate with any investigation by the Department.
12. Fail to comply with any subpoena issued by the Department.
13. Employ or contract with any unlicensed or improperly licensed person or agency to conduct activities regulated under this article, if the licensure status was known or could have been ascertained by reasonable inquiry.
14. Solicit or receive a bribe or other consideration in exchange for failing to recover or detain a bailee.
C. The Department shall have the authority to place on probation, suspend or revoke a bail enforcement agent's license if an agent is arrested or issued a summons for a criminal offense, or becomes the subject of a protective order.
2004, c. 397.
Structure Code of Virginia
Title 9.1 - Commonwealth Public Safety
Chapter 1 - Department of Criminal Justice Services
§ 9.1-100. Department of Criminal Justice Services
§ 9.1-101. (For contingent expiration date, see Acts 2021, Sp. Sess. I, cc. 524 and 542) Definitions
§ 9.1-101. (For contingent effective date, see Acts 2021, Sp. Sess. I, cc. 524 and 542) Definitions
§ 9.1-101.1. Certified mail; subsequent mail or notices may be sent by regular mail
§ 9.1-102. (Effective until January 1, 2023) Powers and duties of the Board and the Department
§ 9.1-102. (Effective January 1, 2023) Powers and duties of the Board and the Department
§ 9.1-102.1. Photo-identification cards
§ 9.1-103. Direct operational responsibilities in law enforcement not authorized
§ 9.1-104. Establishment of victim and witness assistance programs; purpose; guidelines
§ 9.1-105. Intensified Drug Enforcement Jurisdictions Fund
§ 9.1-106. Regional Criminal Justice Academy Training Fund; local fee
§ 9.1-107. Powers and duties of Director
§ 9.1-108.1. Executive Committee; authority; effect of certain actions
§ 9.1-109. Administration of federal programs
§ 9.1-110. School Resource Officer Grants Program and Fund
§ 9.1-112. Committee on Training; membership
§ 9.1-112.1. Criminal justice training academies; curriculum
§ 9.1-113. Compliance with minimum training standards by certain officers; exceptions
§ 9.1-114.1. Compliance with minimum training standards by school resource officers
§ 9.1-116. Exemptions of certain persons from certain training requirements
§ 9.1-116.1. Virginia Sexual and Domestic Violence Victim Fund; purpose; guidelines
§ 9.1-116.3. Virginia Sexual and Domestic Violence Program Professional Standards Committee
§ 9.1-116.4. Virginia Prevention of Sex Trafficking Fund; purpose; guidelines
§ 9.1-116.5. Sex Trafficking Response Coordinator; duties; report
§ 9.1-116.6. Virginia Gun Violence Intervention and Prevention Fund; purpose; guidelines
§ 9.1-116.7. (Expires July 1, 2023) Body-Worn Camera System Fund
§ 9.1-126. Application and construction of article
§ 9.1-129. Participation of state and local agencies in interstate system; access to system limited
§ 9.1-130. Procedures to be adopted by agencies maintaining criminal justice information systems
§ 9.1-132. Individual's right of access to and review and correction of information
§ 9.1-133. Certain information not subject to review or correction
§ 9.1-135. Civil remedies for violation of this chapter or Chapter 23 of Title 19.2
§ 9.1-136. Criminal penalty for violation
§ 9.1-137. Article to control over other laws; exceptions
§ 9.1-139. Licensing, certification, and registration required; qualifications; temporary licenses
§ 9.1-140.1. Registration; waiver of examination; locksmiths
§ 9.1-141. Powers of Board relating to private security services business
§ 9.1-142. Powers of Department relating to private security services businesses
§ 9.1-143. Private Security Services Advisory Board; membership
§ 9.1-145. Fingerprints required; penalty
§ 9.1-146. Limitation on powers of registered armed security officers
§ 9.1-147. Unlawful conduct generally; penalty
§ 9.1-148. Unlawful procurement of a license; penalty
§ 9.1-149. Unlicensed activity prohibited; penalty
§ 9.1-149.1. Unlawful advertisement for regulated services; notice; penalty
§ 9.1-150.4. Unlawful conduct; penalties
§ 9.1-151. Court-Appointed Special Advocate Program; appointment of advisory committee
§ 9.1-152. Local court-appointed special advocate programs; powers and duties
§ 9.1-155. Notice of hearings and proceedings
§ 9.1-156. Inspection and copying of records by advocate; confidentiality of records
§ 9.1-157. Cooperation of state and local entities
§ 9.1-161. Crime prevention specialists; duties
§ 9.1-162. Eligibility for crime prevention specialists
§ 9.1-166. Local governments to receive state funds for law enforcement
§ 9.1-167. Calculation of adjusted crime index; use
§ 9.1-168. Eligibility for funds
§ 9.1-169. Total amount and method of distribution of funds to counties and cities
§ 9.1-170. Distribution of funds to towns
§ 9.1-171. Distribution of discretionary fund
§ 9.1-172. Periodic determination of weights and constants
§ 9.1-173.1. Procedures for treatment of veterans and active service members
§ 9.1-174. Establishment of a community-based probation services agency
§ 9.1-175. Board to prescribe standards; biennial plan
§ 9.1-176. Mandated services; optional services and facilities
§ 9.1-176.1. Duties and responsibilities of local community-based probation officers
§ 9.1-177. Form of oath of office for local community-based probation officers
§ 9.1-178. Community criminal justice boards
§ 9.1-179. Withdrawal from services
§ 9.1-180. Responsibilities of community criminal justice boards
§ 9.1-181. Eligibility to participate
§ 9.1-182. Funding; failure to comply; prohibited use of funds
§ 9.1-183. City or county to act as administrator and fiscal agent
§ 9.1-184. Virginia Center for School and Campus Safety created; duties
§ 9.1-185.1. Inapplicability of this article
§ 9.1-185.2. Powers of the Criminal Justice Services Board relating to bail bondsmen
§ 9.1-185.3. Powers of Department of Criminal Justice Services relating to bail bondsmen
§ 9.1-185.4. Limitations on licensure
§ 9.1-185.5. Bail bondsman licensure requirements
§ 9.1-185.6. Licenses; renewal
§ 9.1-185.7. Licensure of nonresidents
§ 9.1-185.8. Professional conduct standards; grounds for disciplinary actions
§ 9.1-185.9. Solicitation of business; standards; restrictions and requirements
§ 9.1-185.10. Collateral received in the course of business; standards and requirements
§ 9.1-185.11. Firearms, training and usage; standards and requirements
§ 9.1-185.12. Uniforms and identification; standards and restrictions
§ 9.1-185.13. Documentation and recordkeeping standards and requirements
§ 9.1-185.14. Reporting standards and requirements
§ 9.1-185.15. Recovery of bailees; methods of capture; standards and requirements; limitations
§ 9.1-185.16. Department submission to the State Corporation Commission
§ 9.1-185.17. Department submissions to local and regional correctional facilities
§ 9.1-186.1. Inapplicability of article
§ 9.1-186.2. Powers of Department and Board relating to bail enforcement agents
§ 9.1-186.3. Powers of Department relating to bail enforcement agents
§ 9.1-186.4. Limitations on licensure
§ 9.1-186.5. Bail enforcement agent license; criminal history records check
§ 9.1-186.6. Licenses; renewal
§ 9.1-186.7. Licensure of nonresidents
§ 9.1-186.8. Professional conduct standards; grounds for disciplinary actions
§ 9.1-186.9. Firearms, training and usage; standards and requirements
§ 9.1-186.10. Uniforms and identification; standards and restrictions
§ 9.1-186.11. Reporting standards and requirements
§ 9.1-186.12. Recovery of bailees; methods of capture; standards and requirements; limitations
§ 9.1-186.13. Penalties, criminal and monetary
§ 9.1-187. Establishment of crisis intervention team programs
§ 9.1-188. Crisis intervention training program
§ 9.1-189. Crisis intervention team protocol
§ 9.1-190. Crisis intervention team program assessment
§ 9.1-191. Virginia sexual assault forensic examiner coordination program
§ 9.1-192. Community Policing Reporting Database; annual report