Bill Summary for S 508 (2015-2016)

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Summary date: 

Mar 26 2015

Bill Information:

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.

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Bill 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.