Bill Summary for S 508 (2015-2016)

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Summary date: 

Apr 29 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 amendment makes the following changes to the 2nd edition.

Amends GS 15A-534, Procedure for determining conditions of pretrial release, providing that no surety can be held liable for a bond posted for any charge for more than 36 months from the date of execution (previously, did not specify that the 36 months was from the date of execution). Also requires the surety to give written notice to the district attorney and attorney for the local school board within 90 days of the end of the 36 months or 60 days written notice at any time after the 36 months (previously, did not provide for the 90-day written notice or 60-day written notice after 36 months).

Amends GS 15A-544.5 concerning set aside forfeiture, deleting proposed changes to (b)(7), which provided that the setting aside of forfeiture is appropriate at any time between a failure to appear and the final judgment date when specified conditions are met. Amends subsection (c), making a clarifying change. Also provides that the court cannot set aside a bond that is prohibited from being set aside as provided in GS 15A-544.4(f) [previously, clerk could not set aside bond forfeited pursuant to GS 15A-544.5(f)]. 

Amends GS 15A-544.7(d), making a clarifying change, inserting the words "bail bondsmen" for "bondsman." Also provides that no bail bondsman or runner, as defined in GS 58-71-1, 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 (was, 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). 

Amends GS 58-71-80, concerning license renewal, suspension, denial, or revocation for bail bondsmen and runners, providing that the Commissioner of Insurance (Commissioner) can deny, place on probation, suspend, revoke, or refuse to renew licenses for failure to pay state and federal income tax or any liens arising from such failure to pay after a final judgment or order (previously, did not allow such action for failure to pay federal taxes or any liens, and only allowed the action after a judgment finding the failure to pay state taxes was willful). Also adds language that allows the Commissioner to retain authority to enforce the provisions of any penalty or remedy authorized under this Chapter for violations of the included provisions. Sets out provisions and procedures by which the Commissioner can order summary suspension of a license upon a written finding of good cause to believe that the public health, safety, or welfare requires emergency action or poses a significant risk of unsatisfied bond forfeitures.