Kansas has no bounty hunter-specific provisions or licenses. Pursuant to K.S.A. § 22-2809, a person who is released on an appearance bond can be arrested by such person’s surety or a person authorized by such surety and delivered to a custodial officer of the court in any county in the state in which such person is charged. The person who is arrested must be brought before a magistrate having power to commit for the crime charged[i].
Pursuant to K.S.A. § 22-2809a, an agent of a surety means a person not performing the duties of a law enforcement officer who tracks down, captures, and surrenders to the custody of a court a fugitive who has violated a surety or bail bond agreement.
The procedure for apprehension is provided in K.S.A. § 22-2809a. “Any surety or agent of a surety, commonly referred to as a bounty hunter, who intends to apprehend any person in this state pursuant to K.S.A. 22-2809 and amendments thereto, or under similar authority from any other state, shall inform law enforcement authorities in the city or county in which such surety or agent of a surety intends such apprehension, before attempting such apprehension.” Additionally, the surety or agent of a surety must present to the local law enforcement authorities:
- a certified copy of the bond;
- a valid government-issued photo identification;
- written appointment of agency, if not the actual surety; and
- all other appropriate paperwork identifying the principal and the person to be apprehended.
Additionally, local law enforcement can accompany the surety or agent[ii].
Pursuant to K.S.A. § 22-2809a, a person who, within the past 10 years, is convicted of a person felony cannot act as a surety or as an agent of a surety. The violation of the above provisions are class A nonperson misdemeanor for the first conviction of a violation and a severity level nine, nonperson felony upon a second or subsequent conviction of a violation[iii].
[i] K.S.A. § 22-2809.
[ii] K.S.A. § 22-2809a.