§ 687A.05 Persons Who May Apprehend, Detain or Arrest a Principal on Bond Identified

   (a)   No person, other than a law enforcement officer, shall apprehend, detain, or arrest a principal on bond, wherever issued, unless that person meets all of the following criteria:

      (1)   The person is any of the following:

         A.   Qualified, licensed, and appointed as a surety bail bond agent under RC 3905.83 to 3905.95;

         B.   Licensed as a surety bail bond agent by the state where the bond was written;

         C.   Licensed as a private investigator under RC Chapter 4749;

         D.   Licensed as a private investigator by the state where the bond was written;

         E.   An off-duty peace officer, as defined in RC 2921.51.

      (2)   The person, prior to apprehending, detaining or arresting the principal, has entered into a written contract with the surety or with a licensed surety bail bond agent appointed by the surety, which contract sets forth the name of the principal who is to be apprehended, detained or arrested.

      For purposes of this division, “surety” has the same meaning as in RC 3905.83.

      (3)   The person, prior to apprehending, detaining or arresting the principal, has complied with the registration and notification requirements set forth in Sections 687A.02 and 687A.03 of this chapter.

   (b)   This section shall not apply whenever the conduct prohibited by this section constitutes a felony under RC 2927.27.

   (c)   Any person who violates this section is guilty of illegal bail bond agent practices, a misdemeanor of the first degree.

(RC 2927.27; Ord. No. 2032-01. Passed 5-6-02, eff. 5-9-02)