BAIL BOND/BONDSMEN PROVISIONS/OTHER CHANGES. (NEW)

View NCGA Bill Details2021
House Bill 252 (Public) Filed Tuesday, March 9, 2021
AN ACT TO MODIFY QUALIFICATIONS AND TESTING PROCEDURES FOR BAIL BONDSMEN AND RUNNERS, TO MODIFY VARIOUS PROVISIONS RELATED TO BAIL BOND FORFEITURES, TO RECODIFY THE OFFENSE OF VEHICLE TAMPERING, TO AUTHORIZE THE STATE TO EXERCISE CONCURRENT JURISDICTION FOR OFFENSES COMMITTED BY JUVENILES ON UNITED STATES MILITARY BASES LOCATED WITHIN THE STATE, TO ALLOW ALL SPECIAL AGENTS OF THE DEPARTMENT OF DEFENSE TO ASSIST STATE AND LOCAL LAW ENFORCEMENT UPON REQUEST, TO CLARIFY VACANCY ELECTIONS FOR DISTRICT COURT JUDGES, AND TO MAKE TECHNICAL CORRECTIONS.
Intro. by McNeill, C. Smith, Richardson, Greene.

Status: Ch. SL 2022-73 (Jul 11 2022)

SOG comments (3):

Long title change

House committee substitute to the 1st edition changed the long title. Original title was AN ACT TO IMPLEMENT THE JUVENILE JUSTICE REINVESTMENT ACT BASED ON LEGISLATIVE RECOMMENDATIONS OF THE JUVENILE JURISDICTION ADVISORY COMMITTEE.

Long title change

Senate committee substitute to the 3rd edition changed the long title. Previous long title was AN ACT TO IMPLEMENT THE JUVENILE JUSTICE REINVESTMENT ACT BASED ON LEGISLATIVE RECOMMENDATIONS OF THE JUVENILE JURISDICTION ADVISORY COMMITTEE AND TO RECODIFY THE OFFENSE OF VEHICLE TAMPERING.

Long title change

Conference report to the 4th edition changed the long title. Previous long title was AN ACT TO MODIFY QUALIFICATIONS AND TESTING PROCEDURES FOR BAIL BONDSMEN AND RUNNERS AND TO MODIFY VARIOUS PROVISIONS RELATED TO BAIL BOND FORFEITURES.

Bill History:

H 252/S.L. 2022-73

Bill Summaries:

  • Summary date: Jul 26 2022 - More information

    AN ACT TO MODIFY QUALIFICATIONS AND TESTING PROCEDURES FOR BAIL BONDSMEN AND RUNNERS, TO MODIFY VARIOUS PROVISIONS RELATED TO BAIL BOND FORFEITURES, TO RECODIFY THE OFFENSE OF VEHICLE TAMPERING, TO AUTHORIZE THE STATE TO EXERCISE CONCURRENT JURISDICTION FOR OFFENSES COMMITTED BY JUVENILES ON UNITED STATES MILITARY BASES LOCATED WITHIN THE STATE, TO ALLOW ALL SPECIAL AGENTS OF THE DEPARTMENT OF DEFENSE TO ASSIST STATE AND LOCAL LAW ENFORCEMENT UPON REQUEST, TO CLARIFY VACANCY ELECTIONS FOR DISTRICT COURT JUDGES, AND TO MAKE TECHNICAL CORRECTIONS. SL 2022-73. Enacted July 11, 2022. Effective July 11, 2022, except as otherwise provided.


  • Summary date: Jun 30 2022 - More information

    Conference report make the following changes to the 4th edition. 

    Section 3

    Amends GS 15A-544.4(e), which requires the notice of forfeiture of a bail bond following a defendant's failure to appear to be mailed within 30 days of the date on which the defendant fails to appear as required and a call and fail is ordered. Repeals the provision which deems the forfeiture to not be a final judgment and prohibits enforcement or reporting of the judgement if the required notice is not given within the prescribed time. 

    Further amends GS 15A-544.5 relating to setting aside a forfeiture. Requires a motion to set aside a forfeiture by reason of the notice having not met the prescribed time required in GS 15A-544.4(e), to be filed within 30 days of the date the notice was given pursuant to GS 15A-544.4(d) (which provides for effect of the notice upon its mailing). Makes organizational changes. Allows for a court to consider two separate motions to set aside a specific forfeiture if one is a motion to set aside for reason that the notice did not meet the prescribed time required in GS 15A-544.4(e). 

    Amends GS 15A-544.8 to prohibit a court from granting relief to a defendant or surety named in the judgement on the grounds of notice having not been given as provided in GS 15A-544.4, if solely due to failure to provide notice within 30 days as required by GS 15A-544.4(e). 

    Adds the following new content. 

    Section 4

    Recodifies GS 20-107, which deems injuring or tampering with a vehicle a Class 2 misdemeanor offense, as GS 14-160.4. Amends GS 20-49 to include enforcement of GS 14-160.4, as recodified, in the powers granted to the Commissioner of Motor Vehicles and designated officers and inspectors of the Division of Motor Vehicles, the Highway Patrol, and law enforcement officers of the Department of Public Safety (DPS). Applies to offenses committed on or after December 1, 2022. 

    Section 5

    Amends GS 104-11.1 by directing the State to exercise concurrent jurisdiction with the United States over US Department of Defense military installations located in the State in matters relating to violations of federal law by juveniles within those installations, so long as the US Attorney or the US District Court waives exclusive jurisdiction and the federal violation is also a crime or infraction under State law.

    Enacts GS 7B-1605, granting district courts exclusive original jurisdiction over any case involving a juvenile who is alleged to be delinquent as the result of an act committed within the boundaries of military installation that is a crime or infraction under State law when concurrent jurisdiction has been established pursuant to GS 104-11.1, as amended.

    Expands the definition of vulnerable juvenile under Subchapter II, GS Chapter 7B, which governs undisciplined and delinquent juveniles, to include any juvenile who, while less than 10 years of age but at least 6 years of age, commits an act within the boundaries of a military installation that is a crime or infraction under State law, and who is not a delinquent juvenile.

    Applies to acts committed on or after December 1, 2022. 

    Section 6

    Amends GS 15A-406, which authorizes federal law enforcement officers to assist in the enforcement of criminal laws in our State upon request. Revises the list of persons included in the defined term federal law enforcement officer. Adds special agents of the Department of Defense, including the Army Criminal Investigation Division, Air Force Office of Special Investigations, and Defense Criminal Investigative Service, to the US Naval Investigative Service special agents already included in the term, all of whom must be employed full-time and have authority to carry firearms in the performance of their duties.

    Section 7

    Amends the procedure for filling district court judge vacancies by appointment under GS 7A-142 as follows. Provides for the gubernatorial appointment to serve until an election is conducted at the same time as the next election for NCGA members that is more than 60 days after the vacancy occurs. Provides for the appointee to serve the unexpired term or until an election is certified held as specified, based on whether the unexpired term of office ends on the first day of January following the next NCGA election or on the first day of January two years following the next NCGA election, respectively. Enacts new subsection (d) detailing parameters of elections held under the statute, with either the procedures of GS Chapter 163 applying if the vacancy occurs prior to the opening of the filing period under GS 163-106.2, or pursuant to GS Chapter 163 with four described variances if the vacancy occurs after the opening of the filing period under GS 163-106.2, including prescribed deadlines for nominations by political party executive committee nominees and filing of petitions by individuals seeking to appear as an unaffiliated candidate. Makes conforming changes to GS 163-9. Provides for the provisions of new subdivision (d)(2) of GS 7A-142 apply for vacancies occurring after the close of the filing period on March 4, 2022, and before September 9, 2022. 

    Section 8

    Subject to Senate Bill 455 becoming law, amends GS 90-94, as amended by that act, which sets out the Schedule VI controlled substances, by excluding from tetrahydrocannabinols, those found in a product with a delta-9 tetrahydrocannabinol concentration of no more than 0.3% on a dry weight basis (was, tetrahydrocannabinols found in hemp or hemp products).

    Section 9

    Makes a technical correction to eliminate conflicting effective dates provided for the changes to GS 15A-832.1 in House Bill 607, which requires the clerk to forward to the district attorney's office a copy of the victim-identifying information included with a warrant based on the testimony of a complaining witness and to maintain the clerk's copy of the form as a confidential record. Provides for the changes to be effective January 1, 2023 (eliminating the conflicting December 1, 2022, date). 

    Section 10

    Subject to House Bill 103 becoming law, adds the following new Section 40.13 to that act. Directs that the grant funds from the State Capital and Infrastructure Fund to the Lumbee Nation, Inc., for capital improvements or equipment at the Cultural Center Dam for $1 million for 2022-23 is to instead be provided to The Lumbee Tribe of North Carolina for capital improvements or equipment at the Cultural Center Dam, and for capital improvements or equipment at the Lumbee Tribe Historical Site for $350,000 for 2022-23 to instead be provided to The Lumbee Tribe of North Carolina for capital improvements or equipment at the Lumbee Tribe Historical Site. Effective July 1, 2022. 

    Changes the act's titles. 


  • Summary date: Jun 14 2022 - More information

    Senate committee substitute replaces the content of the 3rd edition with the following.

    Adds legal residency or documented US citizenship to the qualifications for licensure of bail bondsmen and runners under GS 58-71-50.

    Revises the restrictions regarding reexamination for applicants who fail exams under GS 58-71-70, to allow applicants to retake the exam within 90 days upon payment of an additional exam fee. If the applicant subsequently fails to pass the reexam, requires the applicant to file a new application before the applicant can again be examined, with a one-year waiting period from the date of reexamination and filing a new application (current law requires reexamination with a one-year waiting period, with no further parameters specified). 

    Amends GS 15A-544.3, which provides for court-ordered forfeiture of a bail bond for failure to appear, to revise and add to the content of the forfeiture. Requires inclusion of the following in the required notice of grounds for setting aside the forfeiture: (1) the defendant's incarceration between the failure to appear and the final judgment date, subject to existing requirements regarding duration and notification of the district attorney regarding the defendant's incarceration, (2) that notice of forfeiture was not provided pursuant to State law, or (3) that the court refused to issue an order for arrest for the defendant's failure to appear, as evidenced by a copy of an official court record, including an electronic record.

    Adds to the grounds for setting aside a forfeiture under GS 15A-544.5 to include (1) that the notice of the forfeiture was not provided pursuant to State law and (2) that the court refused to issue an order for arrest for the defendant's failure to appear, as evidenced by a copy of an official court record, including an electronic record. Additionally amends the statute to require, rather than permit, a court entering an order striking a defendant's failure to appear and recalling any arrest order issued for that failure to appear, to simultaneously enter an order setting aside any forfeiture of the bail bond securing that defendant's appearance. Applies to forfeitures entered on or after December 1, 2022. 

    Changes the act's titles. 


  • Summary date: Apr 14 2021 - More information

    House committee substitute amends the 2nd edition as follows. 

    Part I.

    Further revises proposed GS 7B-2600(d), which provides for the court's jurisdiction to modify any order of disposition in a case where the court finds the juvenile to be delinquent continues until one of the following occurs: (1) the juvenile reaches the age of 18 for an offense committed prior to the age of 16; (2) the juvenile reaches the age of 19 for an offense committed while the juvenile was at least 16 but less than 17 years of age; (3) the juvenile reaches 20 years of age for an offense committed while the juvenile was at least 17 years of age; (4) the juvenile reaches the maximum term of commitment authorized in GS 7B-2513, as amended, if committed to the Division for placement in a youth development center; or (5) terminated by the court. Adds clarification that the court's jurisdiction continues until the first occurrence of one of the events described in subdivisions (1) through (5). 


  • Summary date: Apr 14 2021 - More information

    House committee substitute amends the 1st edition as follows. 

    Part I.

    Makes clarifications to the proposed changes set forth in GS 7B-2513, regarding commitment of delinquent juveniles to the Division of Adult Correction and Juvenile Justice (Division) of the Department of Public Safety (DPS). 

    Revises proposed GS 7B-2600(d), which provides for the court's jurisdiction to modify any order of disposition in a case where the court finds the juvenile to be delinquent continues until one of the following occurs: (1) the juvenile reaches the age of 18 for an offense committed prior to the age of 16; (2) the juvenile reaches the age of 19 for an offense committed while the juvenile was at least 16 but less than 17 years of age; (3) the juvenile reaches 20 years of age for an offense committed while the juvenile was at least 17 years of age; (4) the juvenile reaches the maximum term of commitment authorized in GS 7B-2513, as amended, if committed to the Division for placement in a youth development center; or (5) terminated by the court. Adds clarification that subdivisions (1) through (3) do not apply if subdivision (4) applies. 

    Part V.

    Adds the following. Recodifies GS 20-107, which provides the offense of injuring or tampering with a vehicle, punishable as a Class 2 misdemeanor, as GS 14-160.4. Amends GS 20-49 to retain existing authorities granted to the Commissioner of Motor Vehicles, officers and inspectors of the Division of Motor Vehicles designated by the Commissioner, Highway Patrol members and law enforcement officers of the Department of Public Safety the power of peace officers for the enforcement of Article 3, the Motor Vehicle Act and other laws regulating the operation of vehicles or the use of the highways, to include the enforcement of GS 14-160.4, as recodified, which was previously organized under Article 3 of GS Chapter 20. 

    Makes conforming changes to the act's title. 


  • Summary date: Mar 9 2021 - More information

    Identical to S 207, filed 3/9/21.

    Part I

    Amends GS 7B-2513, which governs the commitment of delinquent juveniles to the Division of Adult Correction and Juvenile Justice (Division) of the Department of Public Safety (DPS). Modifies the limitations set for offenses the juvenile committed while the juvenile was at least 16 years of age but less than 17 years of age, which currently limits commitment to until the juvenile's 19th birthday. Requires commitment not to exceed the juvenile's 21st birthday if the juvenile has been committed for an offense that would be first-degree murder, first-degree forcible rape, first-degree statutory rape, first-degree forcible sexual offense, or first-degree statutory sexual offense if committed by an adult. Requires commitment not to exceed the juvenile's 20th birthday if the juvenile has been committed for any other offense that would be a Class B1, B2, C, D, or E felony if committed by an adult. Requires commitment for a term not to exceed the juvenile's 19th birthday if the juvenile has been committed for an offense other than an offense that would be a Class A, B1, B2, C, D, or E felony if committed by an adult. Modifies the limitations set for offenses the juvenile committed while the juvenile was at least 17 years of age, which currently limits commitment to until the juvenile's 20th birthday. Requires commitment not to exceed the juvenile's 21st birthday if the juvenile has been committed for an offense that would be a Class A, B1, B2, C, D, or E felony if committed by an adult, or the juvenile's 20th birthday if the offense would not be a Class A, B1, B2, C, D, or E felony if committed by an adult. Makes conforming changes to GS 7B-1601 concerning jurisdiction over delinquent juveniles.

    Amends GS 7B-1602 to extend the jurisdiction of the Division over delinquent juveniles committed for placement in a youth development center, continuing jurisdiction until the earlier of either termination by court order or (1) the juvenile reaches 20 years of age for juveniles committed for offenses committed while the juvenile was 16 but less than 17 years old that would be a Class B1, B2, C, D, or E felony if committed by an adult or (2) until the juvenile reaches 21 years of age for juveniles committed for offenses committed while the juvenile was at least 17 years of age that would be a Class B1, B2, C, D, or E felony if committed by an adult. Excludes from the new provisions offenses covered in existing subsection (a), which includes first-degree murder, rape, and sexual offenses. Makes conforming changes to existing extended jurisdiction provisions to make those provisions applicable to commitment for offenses committed under the age of 16. 

    Makes conforming changes to GS 7B-2514, concerning when the Division is required to release a juvenile under a plan of post-release supervision, based on the juvenile's birthday, age at the time of the offense, and the class of the offense if the offense were committed by an adult. 

    Makes conforming changes to GS 7B-2516, regarding commitment to the Division following revocation of post-release supervision, to reflect the maximum terms of commitment allowed pursuant to GS 7B-2513, as amended. 

    Amends GS 7B-2600 concerning the court's jurisdiction to modify any order or disposition made where the court finds the juvenile to be delinquent or undisciplined. Separates the court's authority for delinquency, replacing its authority with the following. Establishes that the court's jurisdiction to modify any order of disposition in a case where the court finds the juvenile to be delinquent continues until one of the following occurs: (1) the juvenile reaches the age of 18 for an offense committed prior to the age of 16; (2) the juvenile reaches the age of 19 for an offense committed while the juvenile was at least 16 but less than 17 years of age; (3) the juvenile reaches 20 years of age for an offense committed while the juvenile was at least 17 years of age; (4) the juvenile reaches the maximum term of commitment authorized in GS 7B-2513, as amended, if committed to the Division for placement in a youth development center; or (5) terminated by the court. 

    Part II

    Amends GS 7B-2204 to allow a juvenile who has received an active sentence to be detained, pending transfer to the Division, in a holdover facility or detention facility approved by the Juvenile Justice Section (previously allowed detention in a holdover facility, and only detention facilities operated by the sheriff).

    Part III

    Amends GS 7B-2200.5(d), which requires remand of a juvenile matter transferred to superior court upon joint motion of the prosecutor and the juvenile's attorney. Adds a new requirement for the prosecutor to provide the chief court counselor or his or her designee with a copy of the joint motion prior to submitting the motion to the court. Requires the superior court to expunge the superior court record at remand, and if the juvenile meets the criteria for secure custody of GS 7B-1903, authorizes the superior court to issue an order for secure custody upon the request of a prosecutor. Requires the prosecutor to provide copies of any secure custody order issued to the chief court counselor or his or her designee, as soon as possible and no more than 24 hours after the order is issued. 

    Amends GS 7A-271 and GS 7B-1902 to grant jurisdiction and authority for a superior court judge to issue a secure custody order pursuant to GS 7B-1903, as amended, when a juvenile matter that has been transferred to superior court is remanded to district court pursuant to GS 7B-2200.5(d), as amended. 

    Amends GS 7B-1906 to enact a new subsection, (b2), to require a hearing on the need for continued secure custody to be held no more than 10 calendar days following the issuance of a secure custody order on remand of the matter from superior court pursuant to GS 7B-2200.5(d), as amended. Prohibits continuance or waiver of the hearing. Requires subsequent hearings to comply with the existing requirements of subdivision (b1). Grants the district court the authority to modify any secure custody order following the issuance of that order by the superior court. 

    Part IV

    Further amends GS 7B-2200.5, which provides for mandatory transfer of jurisdiction of a juvenile who is at least 16 years of age to superior court for offenses that would be a Class A, B1, B2, C, D, E, F, or G felony if committed by an adult. Establishes a new subsection (a1), authorizing the prosecutor to decline to prosecute in superior court a matter that would otherwise be subject to mandatory transfer pursuant to the statute, if the juvenile has allegedly committed an offense that would be a Class E, F, or G felony if committed by an adult. Deems jurisdiction to remain in district court if the prosecutor declines to prosecute the matter in superior court following a probable cause hearing. Allows the prosecutor to choose to transfer the matter prior to adjudication. 

    Part V

    Provides that the act applies to offenses committed on or after December 1, 2021. 


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