374.788. Apprehension standards for breach of surety agreement or absconding. - Missouri Statutes

Apprehension standards for breach of surety agreement or absconding.

374.788. 1. A bail bond agent having probable grounds to believe asubject free on his or her bond has failed to appear as directed by acourt, has breached the terms of the subject's surety agreement, or hastaken a substantial step toward absconding may utilize all lawful means toapprehend the subject. To surrender a subject to a court, a licensed bailbond or surety recovery agent having probable grounds to believe thesubject 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, thedetention period may include reasonable travel time not to exceedseventy-two hours;

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

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

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

3. When a surety recovery agent is in the process of performingfugitive recovery, a photographic identification card shall be prominentlydisplayed on his or her person.

(L. 2004 S.B. 1122)

Effective 1-01-05