Bill Summary for H 252 (2021)

Summary date: 

Jun 14 2022

Bill Information:

View NCGA Bill Details2021
House Bill 252 (Public) Filed Tuesday, March 9, 2021
AN ACT TO MODIFY QUALIFICATIONS AND TESTING PROCEDURES FOR BAIL BONDSMEN AND RUNNERS, TO MODIFY VARIOUS PROVISIONS RELATED TO BAIL BOND FORFEITURES, TO RECODIFY THE OFFENSE OF VEHICLE TAMPERING, TO AUTHORIZE THE STATE TO EXERCISE CONCURRENT JURISDICTION FOR OFFENSES COMMITTED BY JUVENILES ON UNITED STATES MILITARY BASES LOCATED WITHIN THE STATE, TO ALLOW ALL SPECIAL AGENTS OF THE DEPARTMENT OF DEFENSE TO ASSIST STATE AND LOCAL LAW ENFORCEMENT UPON REQUEST, TO CLARIFY VACANCY ELECTIONS FOR DISTRICT COURT JUDGES, AND TO MAKE TECHNICAL CORRECTIONS.
Intro. by McNeill, C. Smith, Richardson, Greene.

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Bill summary

Senate committee substitute replaces the content of the 3rd edition with the following.

Adds legal residency or documented US citizenship to the qualifications for licensure of bail bondsmen and runners under GS 58-71-50.

Revises the restrictions regarding reexamination for applicants who fail exams under GS 58-71-70, to allow applicants to retake the exam within 90 days upon payment of an additional exam fee. If the applicant subsequently fails to pass the reexam, requires the applicant to file a new application before the applicant can again be examined, with a one-year waiting period from the date of reexamination and filing a new application (current law requires reexamination with a one-year waiting period, with no further parameters specified). 

Amends GS 15A-544.3, which provides for court-ordered forfeiture of a bail bond for failure to appear, to revise and add to the content of the forfeiture. Requires inclusion of the following in the required notice of grounds for setting aside the forfeiture: (1) the defendant's incarceration between the failure to appear and the final judgment date, subject to existing requirements regarding duration and notification of the district attorney regarding the defendant's incarceration, (2) that notice of forfeiture was not provided pursuant to State law, or (3) that the court refused to issue an order for arrest for the defendant's failure to appear, as evidenced by a copy of an official court record, including an electronic record.

Adds to the grounds for setting aside a forfeiture under GS 15A-544.5 to include (1) that the notice of the forfeiture was not provided pursuant to State law and (2) that the court refused to issue an order for arrest for the defendant's failure to appear, as evidenced by a copy of an official court record, including an electronic record. Additionally amends the statute to require, rather than permit, a court entering an order striking a defendant's failure to appear and recalling any arrest order issued for that failure to appear, to simultaneously enter an order setting aside any forfeiture of the bail bond securing that defendant's appearance. Applies to forfeitures entered on or after December 1, 2022. 

Changes the act's titles. 

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