Bill Summary for H 753 (2023-2024)

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Summary date: 

Apr 20 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 753 (Public) Filed Tuesday, April 18, 2023
Intro. by Humphrey.

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Bill summary

Adds residential address to the defined terms applicable to Article 71, GS Chapter 58 (Bail Bondsmen and Runners), defining the term to mean the defendant's address of record or any other dwelling, home, building, or rental that the defendant may occupy as lodging. 

Amends GS 58-71-200 to specify that the requirement for the Administrative Office of the Courts (AOC) to provide licensed bondsmen and runners with access to search criminal records in AOC's real-time criminal and civil information systems includes access to AOC's Odyssey systems. Effective October 1, 2023. 

Amends GS 15A-534 establishing that a bail bond is only valid for up to three years in any case in which a pending forfeiture has not been issued. Adds a new requirement for the surety to notify the district attorney 30 days prior to the date the bond is set to expire in order to be relieved of the obligation. Adds to the circumstances which terminate the obligation of the obligor (1) the prosecutor entering a dismissal with leave pursuant to GS 15A-932(a1) or (2) the court granting a motion to set aside the bond forfeiture pursuant to GS 15A-544.5(b)(2) though (b)(7). Now refers to surrender of the defendant rather than the principal. Makes technical and clarifying changes.

Amends GS 15A-544.5 regarding setting aside a forfeiture, to establish that a surety is relieved of the bail bond obligation, and any other forfeitures for the bail bond are barred when the court enters an order setting aside a forfeiture. Adds that a court allowing the motion to set aside must base its decision upon one of the reasons set forth in subsection (b).

Effective October 1, 2023, and applies to bail bonds issued on or after that date.