Bill Summary for S 508 (2015-2016)

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Summary date: 

Apr 28 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
Senate Bill 508 (Public) Filed Wednesday, March 25, 2015
Intro. by Lee, Randleman.

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Bill summary

Senate committee substitute makes the following changes to the 1st edition.

Amends GS 15A-534, Procedure for determining conditions of pretrial release, providing that a copy of the order granting pretrial release must be given to the defendant and any surety or the agent that executed the bond for the defendant's release pursuant to that order (previously, must be given to, in addition to the clerk and defendant, any surety, including runners that provided a bond as specified). Amends conditions on the list of when the obligation of an obligor is terminated, providing that, in addition to other circumstances that terminate the obligation, it is terminated when (1) the defendant has been ruled incapable to proceed by the courts pursuant to GS Chapter 15A, Article 56 (previously did not include the requirement concerning GS Chapter 15A) or when (2) the defendant has entered into a deferred prosecution agreement or written conditional discharge (previously, only referenced deferred prosecution agreement). Requires sureties to give written notice to the office of the District Attorney and the attorney for the local school board prior to the end of 36 months, since the provisions provide that no surety can be held liable for a bond posted for any charge for more than 36 months.

Amends GS 15A-544.5(b), concerning set aside forfeiture, deleting proposed changes to (b)(2). Amends subsection (c), adding language that provides that a clerk cannot set aside bond forfeited pursuant to GS 15A-544.5(f). Deletes proposed changes made to subsection (d)(5), which provided 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.