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H.R. 2395 (115th): Stop Predatory Bail Contracts Act


The text of the bill below is as of May 4, 2017 (Introduced).


I

115th CONGRESS

1st Session

H. R. 2395

IN THE HOUSE OF REPRESENTATIVES

May 4, 2017

(for herself, Mr. Gutiérrez, and Ms. Jayapal) introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL

To direct the Federal Trade Commission to issue regulations to prohibit any bail bond agent or person who underwrites or insures the provision of a bail bond who require a bonded individual to wear an ankle monitor or other homing device as a condition on issuing such a bond from charging any fee associated with such monitor or device that exceeds the cost to the bail bond agent or person who underwrites or insures the provision of a bail bond of maintaining and operating such monitor or device.

1.

Short title

This Act may be cited as the Stop Predatory Bail Contracts Act.

2.

Prohibition on fees for ankle monitors associated with bail bonds

(a)

FTC Rulemaking

Not later than 180 days after the date of enactment of this Act, the Federal Trade Commission shall promulgate regulations under section 553 of title 5, United States Code, to prohibit a bail bond agent or person who underwrites or insures the provision of bail bond who require an individual for whom a bond is provided to wear an ankle monitor or other homing device as a condition on issuing such a bond from charging any fee associated with such monitor or device that exceeds the cost to the bail bond agent or person who underwrites or insures the provision of a bail bond of maintaining and operating such monitor or device.

(b)

Enforcement

(1)

Treatment of violation as unfair or deceptive act or practice

A violation of a regulation issued under subsection (a) shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).

(2)

FTC Authority

The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act.

(c)

Definition

The term bail bond agent means any person that will act as a surety and pledge money or property as bail for the appearance of individuals accused in court.