Bill Summary for S 508 (2015-2016)

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Summary date: 

Jun 28 2016

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

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.