AMEND BAIL BOND LAWS.

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View NCGA Bill Details2015-2016 Session
Senate Bill 508 (Public) Filed Wednesday, March 25, 2015
AN ACT TO MAKE VARIOUS AMENDMENTS TO THE BAIL BOND, COLLECTION AGENCY, AND CRIMINAL MEDIATION LAWS.
Intro. by Lee, Randleman.

Status: Ch. SL 2016-107 (Senate Action) (Jul 22 2016)

SOG comments (1):

Long title change

House committee substitute changes the long title. Previous title was AN ACT TO MAKE VARIOUS AMENDMENTS TO THE BAIL BOND LAWS.

Bill History:

S 508/S.L. 2016-107

Bill Summaries:

  • Summary date: Jul 28 2016 - View Summary

    AN ACT TO MAKE VARIOUS AMENDMENTS TO THE BAIL BOND, COLLECTION AGENCY, AND CRIMINAL MEDIATION LAWS. Enacted July 22, 2016. Sections 1 and 2 are effective December 1, 2016. Section 4 is effective July 22, 2016. The remainder is effective October 1, 2016.


  • Summary date: Jul 1 2016 - View Summary

    House amendments make the following changes to the 4th edition.

    Amendment #1 amends GS 15A-534(h), concerning the timing of when an obligor is no longer obligated to a bail bond, to no longer require when the obligation is terminated because the court has placed the defendant on probation pursuant to a deferred prosecution or conditional discharge that the court modify the defendant's conditions of release so that a secured bond is not required for further appearances. 

    Amendment #2 makes Section 2 of the act, by making the changes to GS 15A-544.7(d) concerning bail bondsmen, bail agents, and runners from executing bonds in counties, effective October 1, 2016.


  • Summary date: Jun 28 2016 - View Summary

    House committee substitute makes the following changes to the 3rd edition.

    Amends the short and long titles.

    Amends GS 15A-534 concerning the determination of pretrial release conditions; specifically, amends the listed conditions of when the obligation of an obligor is terminated, deleting the newly enacted conditions from the previous edition that provided that, in addition to other circumstances that terminate the obligation, it is terminated when the defendant has been ruled incapable to proceed by the courts pursuant to GS Chapter 15A, Article 56,  or when the defendant has entered into a deferred prosecution agreement or written conditional discharge. Adds new language that provides the obligation is terminated when the court has placed the defendant on probation pursuant to a deferred prosecution or conditional discharge. If it occurs, the court is required to modify the conditions of release so that a secured bond is not required for future appearance. Deletes proposed GS 15A-534(j), which provided that no surety can be held liable for a bond posted for any charge for more than 36 months. Also deletes language which required specific written notice on the part of the surety. Makes technical changes.

    Deletes proposed changes made to GS 15A-544.5 concerning the setting aside of forfeitures.

    Amends GS 15A-544.7(d) renaming subsection to Sureties, Professional Bail Bondsmen, Bail Agents, and Runners (was, Sureties and Bondsman May Not Execute Bonds in County). Deletes proposed language which provided that no bondsman whose name appears on a bond or bond forfeiture notice that results in a final judgment can sign any bond for any surety until the judgment is satisfied in full and replaces it with language that provides that no professional bail bondsman, bail agent, or runner whose name appears on a bond posted in that person's licensed capacity for which a final judgment has been entered can sign any bond in any licensed capacity statewide until judgment is satisfied in full.

    Amends GS 58-71-80 concerning grounds for license renewal, suspension, denial, or revocation for bail bondsmen and runners. Provides that the Commissioner of Insurance (Commissioner) retains enforcement authority even when a person's license or registration has been surrendered or has lapsed. Authorizes the Commissioner to order summary suspension in certain circumstances. 

    Amends GS 58-71-75 concerning the license renewal schedule and requirements for bail bondsmen and runners. Requires biennial renewal (was, annual). Amends the requirement that applicants provide fingerprints and a fee for conducting a criminal record check as part of the renewal application. Previously, the record check was required with every annual renewal. With the amendment, the record check would be required every four years (every other biennial license renewal cycle). Revises the fees associated with renewals to reflect the new biennial cycle. 

    Amends GS 58-70-5 to clarify that a permit for operation as a collection agency is not required for remote locations from which employees work under the control and monitoring of the agency through telecommunications and computer links as long as specified conditions are met, including (1) that the agency holds a valid permit for at least one physical location in North Carolina, (2) required records and record keeping are not maintained at this remote location, and (3) the remote location is not held open to the public as a place of business. Makes a technical change. 

    Amends GS 58-70-20(a) to lower the maximum permissible amount of the required bond for a collection agency renewal permit from $75,000 to $30,000. 

    Amends GS 7A-38.5 concerning fees charged by community mediation centers or dispute settlement centers providing that they can only charge fees for criminal court mediation services as provided in GS 7A-38.7, with no authority to charge any additional fees in such cases. Also amends subsection (e) to provide that criminal actions generated by a criminal summons can be referred to community mediation centers. Further provides that mediation centers have 45 days (was, 30 days) to resolve a criminal case before it proceeds in court. Enacts new subsection (g) clarifying that nothing in the provisions of GS 7A-38.5 is intended to prohibit or delay the appointment or engagement of an attorney in a criminal case.

    Amends GS 7A-38.3D, concerning dispute resolution fees, making conforming changes reflecting the above proposed changes to GS 7A-38.5.

    Amends the catchline of GS 7A-38.7 to be Dispute resolution fee for cases referred to mediation (was, ...cases resolved in mediation). Further amends section to provide that the dispute resolution fee is assessed when each criminal case is referred to the community mediation center, with the required fee to be paid in advance of the mediation by the defendant. Enacts new subsection (c), which establishes that the parties to the mediation can agree to split the fee but specifies process for paying fee if no agreement to split the fee is agreed upon. Also provides that the fee can be waived by the court upon written order as specified. Prohibits mediators or volunteers or employees from receiving direct payment or any other fee from any mediation participant.

    Makes conforming changes to the effective date provisions. 


  • Summary date: Apr 29 2015 - View Summary

    Senate amendment makes the following changes to the 2nd edition.

    Amends GS 15A-534, Procedure for determining conditions of pretrial release, providing that no surety can be held liable for a bond posted for any charge for more than 36 months from the date of execution (previously, did not specify that the 36 months was from the date of execution). Also requires the surety to give written notice to the district attorney and attorney for the local school board within 90 days of the end of the 36 months or 60 days written notice at any time after the 36 months (previously, did not provide for the 90-day written notice or 60-day written notice after 36 months).

    Amends GS 15A-544.5 concerning set aside forfeiture, deleting proposed changes to (b)(7), which provided that the setting aside of forfeiture is appropriate at any time between a failure to appear and the final judgment date when specified conditions are met. Amends subsection (c), making a clarifying change. Also provides that the court cannot set aside a bond that is prohibited from being set aside as provided in GS 15A-544.4(f) [previously, clerk could not set aside bond forfeited pursuant to GS 15A-544.5(f)]. 

    Amends GS 15A-544.7(d), making a clarifying change, inserting the words "bail bondsmen" for "bondsman." Also provides that no bail bondsman or runner, as defined in GS 58-71-1, whose name appears on a bond or bond forfeiture notice that results in a final judgment can sign any bond for any surety until the judgment is satisfied in full (was, no bondsman whose name appears on a bond or bond forfeiture notice that results in a final judgment can sign any bond for any surety until the judgment is satisfied in full). 

    Amends GS 58-71-80, concerning license renewal, suspension, denial, or revocation for bail bondsmen and runners, providing that the Commissioner of Insurance (Commissioner) can deny, place on probation, suspend, revoke, or refuse to renew licenses for failure to pay state and federal income tax or any liens arising from such failure to pay after a final judgment or order (previously, did not allow such action for failure to pay federal taxes or any liens, and only allowed the action after a judgment finding the failure to pay state taxes was willful). Also adds language that allows the Commissioner to retain authority to enforce the provisions of any penalty or remedy authorized under this Chapter for violations of the included provisions. Sets out provisions and procedures by which the Commissioner can order summary suspension of a license upon a written finding of good cause to believe that the public health, safety, or welfare requires emergency action or poses a significant risk of unsatisfied bond forfeitures. 

     


  • Summary date: Apr 28 2015 - View Summary

    Senate committee substitute makes the following changes to the 1st edition.

    Amends GS 15A-534, Procedure for determining conditions of pretrial release, providing that a copy of the order granting pretrial release must be given to the defendant and any surety or the agent that executed the bond for the defendant's release pursuant to that order (previously, must be given to, in addition to the clerk and defendant, any surety, including runners that provided a bond as specified). Amends conditions on the list of when the obligation of an obligor is terminated, providing that, in addition to other circumstances that terminate the obligation, it is terminated when (1) the defendant has been ruled incapable to proceed by the courts pursuant to GS Chapter 15A, Article 56 (previously did not include the requirement concerning GS Chapter 15A) or when (2) the defendant has entered into a deferred prosecution agreement or written conditional discharge (previously, only referenced deferred prosecution agreement). Requires sureties to give written notice to the office of the District Attorney and the attorney for the local school board prior to the end of 36 months, since the provisions provide that no surety can be held liable for a bond posted for any charge for more than 36 months.

    Amends GS 15A-544.5(b), concerning set aside forfeiture, deleting proposed changes to (b)(2). Amends subsection (c), adding language that provides that a clerk cannot set aside bond forfeited pursuant to GS 15A-544.5(f). Deletes proposed changes made to subsection (d)(5), which provided that in regards to motions filed for the setting aside of forfeiture as specified, if a hearing is not heard within 30 days after an objection to the motion is filed, then the forfeiture cannot become a final judgment and cannot be enforced or reported to the Department of Insurance and requires the forfeiture to be set aside.


  • Summary date: Mar 26 2015 - View Summary

    Amends GS 15A-534 concerning procedures for determining conditions of pretrial release, providing that a copy of the order granting pretrial release must be given to, in addition to the clerk and defendant, any surety, including runners that provided a bond as specified. Adds conditions to the list of when the obligation of an obligor is terminated, providing it terminates, in addition to other circumstances that terminate the obligation, when the defendant has been ruled incapable to proceed by the courts or when the defendant has entered into a deferred prosecution agreement. Provides that no surety can be held liable for a bond posted for any charge for more than 36 months. 

    Amends GS 15A-544.5 concerning the setting aside of forfeitures, providing that forfeiture can be set aside when all charges for which the defendant was bonded to appear have been disposed of by the court or by the State's taking dismissal with leave for other than a failure to appear (was, disposed of by the court other than by the State's taking dismissal with leave). Provides that the setting aside of forfeiture is also appropriate when the defendant was incarcerated, as specified, or at any time between a failure to appear and the final judgment date when specified conditions are met. 

    Provides that when a failure to appear is stricken by court for which the defendant was bonded or a order  recalled an arrest order for that failure to appear, the clerk of that court must set aside any forfeiture of that bail bond (previously, required an order striking a failure to appear and an arrest order to be recalled for that court to simultaneously enter an order setting aside any forfeiture). Provides that in regards to motions filed for the setting aside of forfeiture as specified, if a hearing is not heard within 30 days after an objection to the motion is filed, then the forfeiture cannot become a final judgment and cannot be enforced or reported to the Department of Insurance and requires the forfeiture to be set aside.

    Amends GS 15A-544.7(d) renaming subsection to "Sureties Bondsman May Not Execute Bonds in County" (was, Sureties May Not Execute Bonds in County). Adds language providing that no bondsman whose name appears on a bond or bond forfeiture notice that results in a final judgment can sign any bond for any surety until the judgment is satisfied in full. 

    Effective December 1, 2015, applying to bonds required by an order for pretrial release entered into on or after that date. Also applies to any motion for relief from a forfeiture of bond filed on or after that date.