AMEND BAIL BONDSMEN STATUTES.

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View NCGA Bill Details(link is external)2015-2016 Session
House Bill 641 (Public) Filed Monday, April 13, 2015
AN ACT TO REVISE THE STATUTES GOVERNING BAIL BONDSMEN BY CLARIFYING CERTAIN DEFINITIONS, BY CLARIFYING THE STATUTES GOVERNING RETURN OF PREMIUM, ARREST ORDERS, AND APPOINTMENT OF SURETY BONDSMEN, BY BROADENING THE ENTITIES WHO MAY PROVIDE CONTINUING EDUCATION, AND BY MAKING VARIOUS OTHER CHANGES TO THE BAIL BONDSMEN LAWS.
Intro. by Reives.
Status: Ref To Com On Rules and Operations of the Senate (Senate Action) (Apr 29 2015)

Bill History:

H 641

Bill Summaries:

  • Bill H 641 (2015-2016)
    Summary date: Apr 27 2015 - View Summary

    House committee substitute makes the following changes to the 1st edition:

    Amends GS 58-71-1(1b), the proposed definition for approved provider, establishing that it means an entity that has been issued a Certificate of Authority to provide either bail bond continuing education or pre-licensing courses in North Carolina in accordance with GS 58-71-72 (previously, had time and student taught requirements to qualify as an approved provider).

    Amends GS 58-71-20 to provide that if all indemnitors and payers of the bail bond premium on the defendant's bond present a notarized written request with notice to the surety or surety's agent to terminate the bond and the indemnitor's liability, and the surety then surrenders the defendant, then the defendant may be surrendered without the return of the premium for the bond (previously, provided if any indemnitor presents a notarized request to the surety or surety's agent to terminate the bond and the indemnitor's liability, the defendant may be surrendered without the return of the premium for the bond).

    Amends GS 58-71-141 to no longer specify that owed premium and unsatisfied judgments do not pertain to general agents, managing general agents, or supervising agents.

     

    Courts/Judiciary, Criminal Justice, Criminal Law and Procedure, Government, State Agencies, Department of Insurance
    GS 15A, GS 58
  • Bill H 641 (2015-2016)
    Summary date: Apr 13 2015 - View Summary

    Amends GS 58-71-1, adding the following terms for use in Article 71, Bail Bondsmen and Runners, of GS Chapter 58: (1) address, (2) approved provider, (3) cash deposit, and (4) personal identification.

    Amends GS 58-71-20 to provide that if any indemnitor (a person or company bound by an indemnity contract to protect the surety's interest should the defendant default on the bond) presents a notarized request to the surety or surety's agent to terminate the bond and the indemnitor's liability, the defendant may be surrendered without the return of the premium for the bond.

    Amends GS 58-71-30 to clarify that a judicial officer is to order the arrest of a defendant upon receiving the request to order the arrest from the surety or the surety's agent and the certified copy of the undertaking.

    Amends GS 58-71-71 to require that the 12 hours of education necessary to be eligible to take the licensing exam as a bail bonds person or runner under GS 58-71-70 and the annual three hours of continuing education required for license renewal may be provided by an approved provider (was, specified that the provider had to be the North Carolina Bail Agents Association). Requires that the educational courses offered by the approved providers must be approved by the Commissioner of Insurance before they may be offered and no approved providers may offer courses without the authorization of the Commissioner.

    Amends GS 58-71-141 to require that if a surety bonds person does not owe any premium or unsatisfied judgments, then a former insurer must release the bonds person by certifying that status to the Commissioner by email, fax, or mail and must also provide a corresponding notice of release to the bonds person within three days of the surety bonds person's affidavit. Provides that if the surety bonds person does owe any premium or unsatisfied judgments, then the former insurer must submit the notice and supporting documents, including evidence of the owed premium or unsatisfied judgments to the appointing insurer, the surety bonds person, and the Commissioner within 10 days (was, 30 days) after the former insurer receives the affidavit from the surety bonds person. Provides that for the purposes of this statute, owed premium and unsatisfied judgments only apply to insurers and not general agents, managing general agents, or supervising agents.

    Makes a clarifying change to the definition for bail bond in GS 15A-531(4).

    Becomes effective October 1, 2015.

    Courts/Judiciary, Criminal Justice, Criminal Law and Procedure, Government, State Agencies, Department of Insurance
    GS 15A, GS 58
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