MODIFY SURETY/BAIL BOND/BONDSMEN PROVISIONS.

View NCGA Bill Details2021
Senate Bill 550 (Public) Filed Monday, April 5, 2021
AN ACT TO MODIFY QUALIFICATIONS AND TESTING PROCEDURES FOR BAIL BONDSMEN AND RUNNERS AND TO MODIFY VARIOUS PROVISIONS RELATED TO BAIL BOND FORFEITURES AND BAIL BOND SURETIES.
Intro. by Britt, Craven, Lazzara.

Status: Re-ref Com On Rules and Operations of the Senate (Senate action) (Sep 22 2021)
S 550

Bill Summaries:

  • Summary date: Sep 8 2021 - More information

    Senate committee substitute amends the 1st edition as follows. 

    Revises the proposed changes to GS 58-71-50, which add documented US citizenship to the qualifications for licensure of bail bondsmen and runners, to instead include legal residency or documented US citizenship as a qualification.

    Amends Section 3 of the act as follows.

    Adds charitable bail organization to the defined terms for Article 26, set forth in GS 15A-531. Defines the term to mean an organization that solicits or accepts donations from the public for the purpose of depositing money to secure appearance bonds required under GS 15A-534(a)(4) (which provides for the execution of an appearance bond as a condition of pretrial release).

    Amends GS 15A-544.2, which states information required to be entered on each executed bail bond, to include the name and mailing address of any surety executing the bond and the name and mailing address of the charitable bail organization any surety acted on behalf of, if any. 

    Further amends GS 15A-544.3, which provides for court-ordered forfeiture of a bail bond for failure to appear. Adds to the information that must be included on the forfeiture the name and address of the charitable bail organization for which any surety on the bail bond acted on behalf of, if any.

    Moves the proposed changes to GS 15A-544.5, which expands the grounds for setting aside the forfeiture of a bail bond, to Section 3.

    Directs the Administrative Office of the Courts (AOC) to compile specified data, including the total number of bail bonds executed and forfeited and those executed by a surety acting on behalf of a charitable bail organization and the number of those that were forfeited. Requires AOC to annually report the data with a statistical analysis and a compilation by county to the specified NCGA committee beginning February 1, 2023.

    Makes the proposed changes and directive of Section 3, as amended, effective December 1, 2021 (was, effective on the date the act becomes law). 


  • Summary date: Apr 6 2021 - More information

    Adds 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.


  • Summary date: Apr 5 2021 - More information

    To be summarized. 


Printer-friendly: Click to view