H753: Modify Laws Relating to Bail Bonds/Bondsmen. Latest Version

Session: 2023 - 2024

House
Passed 1st Reading


AN ACT TO modify laws concerning bail BONDS and bail bondsMeN.



The General Assembly of North Carolina enacts:



SECTION 1.  G.S. 58‑71‑1 reads as rewritten:



§ 58‑71‑1.  Definitions.



The following definitions apply in this Article:





(8b)      Residential address. – The defendant's address of record or any other dwelling, home, building, or rental that the defendant may occupy as lodging.



….



SECTION 2.  G.S. 58‑71‑200(a) reads as rewritten:



(a)      In order to assist licensed sureties and their agents in evaluating potential and current clients for the purposes of bail, the Administrative Office of the Courts shall provide any individual with a current license to act as a professional bondsman, surety bondsman, or runner with access to search criminal records in the Administrative Office of the Courts' real‑time criminal and civil information systems.systems, including its Odyssey systems.



SECTION 3.  G.S. 15A‑534(h) reads as rewritten:



(h)      A bail bond posted pursuant to this section is valid for a period of not more than three years in any case in which a pending forfeiture has not been issued and is effective and binding upon the obligor throughout all stages of the proceeding in the trial division of the General Court of Justice until the entry of judgment in the district court from which no appeal is taken or the entry of judgment in the superior court. In order to be relieved of the bail bond obligation, the surety must notify the district attorney 30 days prior to the date the bond is set to expire. The obligation of an obligor, however, is terminated at an earlier time if:in any of the following circumstances:



(1)        A judge authorized to do so releases the obligor from his bond; orthe obligor's bond.



(2)        The principal defendant is surrendered by a surety in accordance with G.S. 15A‑540; orG.S. 15A‑540.



(3)        The proceeding is terminated by voluntary dismissal by the State before forfeiture is ordered under G.S. 15A‑544.3; orG.S. 15A‑544.3.



(4)        Prayer for judgment has been continued indefinitely in the district court; orcourt.



(5)        The court has placed the defendant on probation pursuant to a deferred prosecution or conditional discharge.



(6)        The prosecutor enters a dismissal with leave pursuant to G.S. 15A‑932(a1).



(7)        The court grants a motion to set aside the bond forfeiture pursuant to any subdivision of G.S. 15A‑544.5(b)(2) through (b)(7).



SECTION 4.  G.S. 15A‑544.5(d) reads as rewritten:



(d)      Motion Procedure. – If a forfeiture is not set aside under subsection (c) of this section, the only procedure for setting it aside is as follows:





(6)        If at the hearing the court allows the motion, based upon one of the reasons set forth in subsection (b) of this section, the court shall enter an order setting aside the forfeiture.forfeiture and the surety shall be relieved of the bail bond obligation and no other forfeitures shall be issued for that bail bond.



….



SECTION 5.  Section 2 of this act becomes effective October 1, 2023. The remainder of this act becomes effective October 1, 2023, and applies to bail bonds issued on or after that date.