A. Except as provided in subsection C or D of this section, any person who is not a resident of this state who intends to apprehend in this state, or attempts to apprehend, a defendant who has failed to appear before any court of this state or another state or any federal court as required by law and has forfeited bail or for purposes of apprehending a defendant prior to breach of an undertaking or bail contract, shall be required to have a client contract with a bail enforcer licensed in this state or to be licensed bail enforcer in this state prior to such apprehension or to be accompanied at the time of the apprehension by a peace officer.

B. Any person who violates the provisions of this section shall be guilty of a violation of the Bail Enforcement and Licensing Act and shall be punished as provided in Section 3 of this act.

C. The provisions of this section shall not apply to law enforcement officers of any jurisdiction.

D. The provisions of this section shall not apply to licensed bondsmen in this state appointed by an insurer doing business in this state with regard to a defendant on a bond posted by that insurer, provided the appointed bondsman has been continuously licensed in this state for a period of five (5) years or more beginning on the effective date of this act.