AN ACT TO AMEND THE LAWS PERTAINING TO GROUNDS FOR REVOCATION OF LICENSURE UNDER THE LAWS REGULATING BAIL BONDSMEN AND ALLOWING A BAIL AGENT ACTING ON BEHALF OF A SURETY COMPANY TO MAKE WRITTEN MOTIONS REGARDING SETTING ASIDE BAIL FORFEITURE AND RELIEF FROM FINAL JUDGMENT OF BAIL FORFEITURE UNDER THE LAWS PERTAINING TO CRIMINAL PROCEDURE. Summarized in Daily Bulletin 4/5/11, 5/16/11, 6/9/11, and 6/17/11. Enacted June 27, 2011. Sections 6'10 are effective December 1, 2011. The remainder is effective June 27, 2011.
Bill Summaries: H649 AMEND GROUNDS/LICENSE REVOCAT'N/BAIL BONDSMAN.
Summary date: Jun 30 2011 - View Summary
Summary date: Jun 17 2011 - View Summary
Conference report recommends the following changes to 3rd edition to reconcile matters in controversy. Rewrites GS 15A-544.5 d)(2) to provide the motion to set aside forfeiture must be filed in the office of the clerk of superior court of the county where the forfeiture was entered. Directs the moving party to serve a copy of the motion on the district attorney for that county and on the attorney for the county board of education. Directs the clerk of superior court, by mail or by personal delivery, to provide a copy of the motion to the district attorney for the county and to the attorney for the county board of education. Makes similar changes to GS 15A-544.8(c)(2). Rewrites GS 15A-544.5(d)(4) to clarify that if neither the district attorney nor the attorney for the board of education has filed a written objection to the motion for forfeiture by the 20th day after a copy of the motion is provided by the clerk of superior court, the clerk must enter an order setting aside the forfeiture. These provisions are effective December 1, 2011.
Summary date: Jun 9 2011 - View Summary
Senate committee substitute makes the following changes to 2nd edition. Amends GS 58-71-82 to add additional language clarifying that nothing in the Article is to be construed to prohibit a person from simultaneously holding a professional bondsman's license and a runner's license.
Amends GS 15A-544.5(d)(1) to provide, in addition to a defendant or any surety, that the following parties may make a written motion under the statute: (1) a professional bondman or a runner acting on behalf of a professional bondsman and (2) a bail agent acting on behalf of an insurance company. Makes similar changes to GS 15A-544.8(c)(1). These provisions are effective December 1, 2011.
Amends GS 15A-544.5(d)(4) to clarify that if a proper written objection to a motion that forfeiture be set aside has not been filed within 20 days of service of the forfeiture motion, the clerk must enter an order setting aside forfeiture, regardless of the basis for relief asserted in the motion, the evidence attached, or the absence of either.
Adds whereas clauses to the act. Makes other clarifying changes.
Summary date: May 16 2011 - View Summary
House committee substitute makes the following changes to 1st edition. Amends proposed GS 58-71-122 to require that the contract for the transfer of a business by a licensed professional bondsman to another licensed professional bondsman must (1) include a list of the transferring bondsman's pending outstanding bail bond obligations (was, liabilities) and (2) be filed with the Commissioner of Insurance (was, must be filed with the Commissioner and with the clerk of superior court where the licensee has pending outstanding bail bond obligations). Provides that the bondsman making the transfer remains responsible for all outstanding bond obligations despite filing the contract with the Commissioner until there is a substitution of surety under GS 15A-538, relief from an individual obligation under GS 15A-534(h), or satisfaction of any final judgment of forfeiture that is entered on the bond obligation. Deletes amendment to GS 58-71-125, which made certain records involving bail bond runners in the possession of the Commissioner or any organization of which the Commissioner is a member confidential.
Summary date: Apr 5 2011 - View Summary
Enacts new GS 58-71-16 providing that a bail bond surety shall not be required to return any portion of a bond premium if the bond is reduced after an agreement of a defendant and a surety are reached. Amends GS 58-71-80 by specifying that bail bond surety licensees may be put on probation as well as have their licenses suspended or revoked. Revises conditions for adverse license actions by Insurance Commissioner to include fraudulent, coercive, or dishonest practices demonstrating incompetence, untrustworthiness, or financial responsibility, adverse action in another jurisdiction, violating laws governing bail bonding or insurance, failing to comply with orders, failing to pay taxes, or forging a name on a bail bond transaction. Enacts new subsection GS 58-71-115(c) by making records provided to the Insurance Commissioner by bail bond sureties confidential and not subject to public records requests or subpoena, other than in matters involving the Commission's duties. Enacts new section GS 58-71-122 by imposing requirements on the transfer of a business by a bail bond surety, including a list of liabilities to be filed with the clerk of superior court. Also making confidential records involving bail bond runners by amending GS 58-71-125 by adding a subsection (c) and denoting the previous two paragraphs as subsections (a) and (b).