Modern statutes provide for the right of a surety to arrest an accused released on a bail bond, thus preserving by legislation the authority first granted by the medieval common law. Under the Federal statute declaratory of this right, any accused charged with a criminal offense who is released on a bail bond with sureties may be arrested by the surety, delivered to the U.S. marshal, and brought before any judge or officer empowered to commit for such offense. At the request of the surety, such judicial officers may recommit the accused to the custody of the marshal and indorse on the bond the discharge and exoneretur of the surety. Thereafter the accused may be held in custody until discharged in due course of law. In regard to the bondsman's ancient right to arrest, it is noted that when the State of Illinois enacted new bail statutes in 1963, aimed at rectifying abuses of the professional bail bondsman system and reducing the cost of liberty to the accused persons awaiting trial, the primary argument advanced in favor of retaining the system was that the bondsman would, at his own expense, track down and recapture a defendant who jumped bail. The Illinois Legislature, however, found that this argument had only tenuous support as its "Committee Comments" included the following statement:

"As to the value of bondsmen being responsible for the appearance of accused and tracking him down and returning him at the bondsman's expense - the facts do not support this as an important factor. While such is accomplished occasionally without expense to the County, the great majority of bail jumpers are apprehended by the police of this and other states..."