SB1026 - Bail Fugitive Recovery Agent Reform Act.

Amended IN Senate March 24, 2026 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Senate Bill No. 1026 Introduced by Senator Gonzalez February 10, 2026 An act to amend Section 1802.1 of Sections 1652, 1802.1, 1802.3, 1802.6, 1802.71, 1805, and 1807.5 of, to add Sections 1801.1 and 1816 to, and to repeal and add Sections 1802, 1813, and 1821 of, the Insurance Code, relating to insurance. LEGISLATIVE COUNSEL'S DIGEST SB 1026, as amended, Gonzalez. Insurance: licensing of bail agents. Bail Fugitive Recovery Agent Reform Act. (1) Existing law, the Bail Fugitive Recovery Persons Act, regulates bail fugitive recovery agents, defined to mean a licensed individual given written authorization by the bail or depositor of bail and contracted to investigate, surveil, locate, and arrest a bail fugitive, and any person employed to assist the bail or depositor of bail to investigate, surveil, locate, and arrest a bail fugitive. Existing law prohibits a person from performing the activities of a bail fugitive recovery agent unless licensed by the Insurance Commissioner, as provided. Existing law provides for the issuance of bail licenses under the jurisdiction of the commissioner and makes a violation of those provisions a crime. Existing law requires a bail fugitive recovery agent to file certain information with the commissioner, including a policy of liability insurance that provides minimum limits of insurance of $1,000,000 for any one loss or occurrence due to either bodily injury or death, or property damage, or both. This bill, the Bail Fugitive Recovery Agent Reform Act, would require a bail fugitive recovery agent (BFRA) to have on file the above-described policy of liability insurance that complies with various requirements, as specified. The bill would require specified records, documents, and information regarding the BFRA liability insurance policy to be filed in the manner specified by the commissioner no more than 30 days after issuance by the issuing insurance company or placement by the production agency. If a BFRA fails to maintain liability insurance or fails to provide proof of the required insurance policy, the bill would require the commissioner to provide written notice to the BFRA that they have 30 days to provide proof of compliance or the BFRA will be automatically suspended without proceedings after the 30-day period. (2) Existing law requires an applicant for a license to act as a bail agent to file with the commissioner a notice of appointment executed by a surety insurer or its authorized representative authorizing that applicant to execute undertakings of bail and to solicit and negotiate those undertakings on its behalf. Existing law similarly requires an applicant for a BFRA’s license to file with the commissioner a notice of appointment executed by a bail agent or surety insurer authorizing that applicant to act on behalf of, and pursuant to, the instructions of the appointing licenseholder. Existing law authorizes these notices of appointment to continue in force until the termination of the agent’s license, the end of the license term, or the filing of a notice of termination, as specified. This bill would apply the filing requirement for an applicant for a license to act as a bail agent to every holder of a license to act as a bail agent and would apply the filing requirement for an applicant to act as a BFRA to every holder of a license to act as a BFRA. For an applicant for a license to act as a BFRA or a holder of a license to act as a BFRA, the bill would prohibit the notices of appointment from being considered effective until the notice is formally filed with and acknowledged by the Department of Insurance. (3) Existing law requires the Commission on Peace Officer Standards and Training (POST) to establish a certification program for peace officers for the purpose of fostering professionalization, education, and experience necessary to accomplish the general police service duties, as specified. This bill would require a BFRA applicant or licensee who has been issued the above-described certificate for peace officers and has had that certification suspended or revoked by POST, or has voluntarily surrendered that certification, to notify the commissioner, as provided. (4) Existing law authorizes the commissioner to decline to issue a bail license until the commissioner is satisfied that the applicant, among other things, has not willfully misstated any material fact in their application or procured a misstatement in the supporting documents of their application. This bill would revise that condition to authorize the commissioner to decline to issue a bail license until the commissioner is satisfied that the applicant has not willfully or knowingly made a misstatement in the application or has not made a false statement in testimony given under oath before the commissioner or another person acting in the commissioner’s stead. The bill would also require any applicant for, or holder of, a BFRA license to be a current resident of this state and have been a continuous resident of this state for at least 2 years before applying for a BFRA license. (5) Existing law generally prescribes the requirements of conduct by a BFRA licensee, including, among other things, prohibitions against any uniform of a BFRA that represents the BFRA as belonging to any part or department of the federal, state, or local government, as specified. Existing law, except under exigent circumstances, requires a BFRA to, prior to and no more than 6 hours before attempting to apprehend the bail fugitive, notify the local police or sheriff’s department of the intent to apprehend a bail fugitive in that jurisdiction. If an exigent circumstance arises and prior notification is not given, existing law requires a BFRA to notify the local police or sheriff’s department immediately after the apprehension and submit a detailed explanation of those exigent circumstances upon request of the local jurisdiction. This bill would additionally prohibit a BFRA from, among other things, threatening legal action unrelated to the case for which bail was given and loitering on or around a property if the bail subject is not present. The bill would also require a BFRA licensee to affix, type, or print their license number on business cards or other documents produced by the licensee in a specified type size. The bill would require the above-described notice provided to the local police or sheriff’s department to be in writing and include specified information. The bill would require any record relating to notice to the local police or sheriff’s department to be transcribed in writing and retained by the BFRA for a period of not less than 5 years from the date of notice. The bill would require the BFRA to provide a copy of any notice requested by the commissioner within 21 calendar days of the request and would require specified information to be included in the copy. The bill would prescribe a fine of $4,000 for each offense, as specified. By establishing new requirements for BFRA applicants and licensees, the violation of which is a crime, the bill would impose a state-mandated local program. (6) This bill would make various conforming changes. The bill would provide that its provisions are severable. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Existing law provides for the issuance of bail licenses under the jurisdiction of the Insurance Commissioner. Existing law requires an applicant for a license to act as a bail agent to file with the commissioner a notice of appointment executed by a surety insurer or its authorized representative authorizing that applicant to execute undertakings of bail and to solicit and negotiate those undertakings on its behalf. Existing law similarly requires an applicant for a bail fugitive recovery agent’s license to file with the commissioner a notice of appointment executed by a bail agent or surety insurer authorizing that applicant to act on behalf of, and pursuant to, the instructions of the appointing licenseholder. Existing law authorizes these notices of appointment to continue in force until the termination of the agent’s license, the end of the license term, or the filing of a notice of termination, as specified. This bill would make technical, nonsubstantive changes to these provisions. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO YES Local Program: NO YES Bill Text The people of the State of California do enact as follows: SECTION 1. This act shall be known, and may be cited, as the Bail Fugitive Recovery Agent Reform Act. SEC. 2. Section 1652 of the Insurance Code is amended to read: 1652. (a) The commissioner shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice pursuant to subdivision (u) of Section 11105 of the Penal Code, and the Department of Justice shall provide to the commissioner a state or federal response pursuant to paragraph (1) of subdivision (p) of Section 11105 of the Penal Code, for all applicants of each of the following: (1) A property licensee or a casualty licensee, as defined in Section 1625. (2) A personal lines licensee, as defined in Sections 1625.5. (3) A limited lines automobile insurance agent, as defined in Section 1625.55. (4) A life and accident and health or sickness licensee, as defined in Section 1626. (5) A life licensee limited to the payment of funeral and burial expenses, as defined in Section 1676. (6) A limited license to act as an agent on behalf of a cargo owner, a cargo shipper, or both, as described in Section 1757.1. (7) A portable electronics insurance agent license, as defined in Sections 1758.61 and 1758.69. (8) A car rental agent, as defined in Section 1758.89. (9) A credit insurance agent license, as defined in Sections 1758.96 and 1758.992. (10) An administrator, as defined in Section 1759. (11) A reinsurance intermediary-broker, as defined in Section 1781.2. (12) A bail agent license, as defined in Section 1802. 1801.1. (13) A bail permittee license, as defined in Section 1802.5. (14) A bail solicitor license, as defined in Section 1803. (15) A bail fugitive recovery agent license, as defined in Section 1802.3 and Section 1299.01 of the Penal Code. (16) A stock agent who sells securities, as defined in Section 825. (17) An insurance adjuster, as defined in Section 14021. (18) A crop insurance adjuster, as defined in Section 14085. (19) A public insurance adjuster, as defined in Section 15007. (20) A part-time fraternal licensee, as described in Section 11103. (21) A life settlement broker, as defined in Section 10113.1. (22) A motor club agent, as defined in Section 12143. (23) A title marketing representative, as defined in Section 12418. (24) A self-service storage agent, as defined in Section 1758.791. (25) A vehicle service contract license, as described in Section 12815. (b) A license shall be applied for, and renewed by the filing with the commissioner of a written application therefor. The application shall be on a form prescribed by the commissioner, which form shall prescribe the disclosure of information that will aid the commissioner in determining whether the prerequisites for the license sought have been met. The applicant shall declare, under penalty of perjury, that the contents of the application are true and correct. (c) The forms prescribed by the commissioner other than for renewal applications may require authenticated fingerprints of any of the following: (1) Individual applicants. (2) Specified partners or officers of organization applicants. (3) The individuals who are to transact insurance for an organization applicant. (d) The forms may require the fingerprints to be affixed to the application or to an attachment to be affixed to the application. The commissioner, in the commissioner’s discretion, may require the fingerprints on applications for any, some, or all of the licenses issued pursuant to this chapter or Chapter 6 (commencing with Section 1760), Chapter 7 (commencing with Section 1800), or Chapter 8 (commencing with Section 1831), provided that as to any one such type of license the requirement is applied without discrimination to all applicants within specified classifications. The classifications may be made upon any or all of the following bases: (1) Length of continuous residence in this state. (2) Whether or not previously or currently licensed by the commissioner. (3) Whether or not currently licensed by specified regulatory agencies of the State of California which require fingerprints on applications for licenses and routinely process the fingerprints for positive identification. (4) Other reasonable criteria. (e) The commissioner may decline to act on an incomplete or defective application until an amended application which completes the prescribed form is filed with the commissioner. SEC. 3. Section 1801.1 is added to the Insurance Code, to read: 1801.1. A bail agent’s license by its terms permits the licensee to solicit, negotiate, and effect undertakings of bail on behalf of any surety insurer while there is in effect an unrevoked notice of appointment of that insurer filed pursuant to Section 1802.1. That license shall not be issued unless and until there is filed with the commissioner a bond having an admitted surety insurer as surety thereon in the penal sum of one thousand dollars ($1,000), conditioned upon the proper application and disposal of all moneys collected or received by the bail agent, the bail agent’s solicitors licensed pursuant to the bail agent’s appointment, and the bail agent’s employees, in favor of the people of the State of California. SEC. 4. Section 1802 of the Insurance Code is repealed. 1802. (a) A bail agent’s license by its terms permits the licensee to solicit, negotiate, and effect undertakings of bail on behalf of any surety insurer while there is in effect an unrevoked notice of appointment of such insurer filed pursuant to Section 1802.1. Such license shall not be issued unless and until there is filed with the commissioner a bond having an admitted surety insurer as surety thereon in the penal sum of one thousand dollars ($1,000), conditioned upon the proper application and disposal of all moneys collected or received by the bail agent, the bail agent’s solicitors licensed pursuant to the bail agent’s appointment, and the bail agent’s employees, in favor of the people of the State of California. (b) A bail fugitive recovery agent shall file all of the following with the commissioner: (1) A bond having an admitted surety insurer as surety thereon in the penal sum of one thousand dollars ($1,000). The surety bond required by [Text truncated for display. Full text available on Congress.gov.]