GENERAL ASSEMBLY OF NORTH CAROLINA
1989 SESSION
CHAPTER 663
AN ACT TO INCREASE THE AMOUNT OF BAIL BOND AN AUTOMOBILE CLUB MAY POST.
The General Assembly of North Carolina enacts:
Section 1. G.S. 109-40 reads as rewritten:
"§ 109-40. Authority for qualified surety companies to guarantee certain arrest bond certificates.
(a) Any domestic or
foreign surety company which has qualified to transact business in this State
may become a surety, by filing with the North Carolina Department of Insurance
an undertaking to become surety, in an amount not to exceed one thousand five
hundred dollars ($500.00) ($1,500) with respect to each
guaranteed arrest bond certificate issued by an automobile club or association.
(b) The undertaking shall be in a form to be prescribed by the Department of Insurance and shall state:
(1) The name and address of the automobile club or clubs or automobile association or associations with respect to which the surety company undertakes to guarantee the arrest bond certificates.
(2) The unqualified
obligation of the surety company to pay the fine or forfeiture, in an amount
not to exceed one thousand five hundred dollars ($500.00) ($1,500)
of any person who, after posting a guaranteed arrest bond certificate which
the surety has undertaken to guarantee, fails to make the appearance for which
the guaranteed arrest bond certificate was posted."
Sec. 2. G.S. 109-41(a) reads as rewritten:
"(a) Any guaranteed arrest
bond certificate guaranteed by a surety company pursuant to G.S. 109-40, shall
be accepted in lieu of cash bail or other bond in an amount not to exceed one
thousand five hundred dollars ($500.00) ($1,500) as a bail
bond, when signed by the person whose signature appears on the certificate, to
guarantee the appearance of that person in any court in this State at the time
set by the court when the person is arrested for the violation of any motor
vehicle law of the State or any motor vehicle ordinance of any motor vehicle
law of the State or any motor vehicle ordinance of any municipality of this
State. The guaranteed arrest bond certificate shall not apply to, and shall not
be accepted in lieu of cash bail or bond when the person has been arrested for
any impaired driving offense or for any felony."
Sec. 3. This act is effective upon ratification.
In the General Assembly read three times and ratified this the 20th day of July, 1989.