GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2015
S 3
SENATE BILL 508
Judiciary I
Committee Substitute Adopted 4/28/15
Third Edition Engrossed 4/29/15
|
Short Title: Amend Bail Bond Laws. |
(Public) |
|
|
Sponsors: |
|
|
|
Referred to: |
|
|
March 26, 2015
A BILL TO BE ENTITLED
AN ACT to make various amendments to the bail bond laws.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 15A‑534 reads as rewritten:
"§ 15A‑534. Procedure for determining conditions of pretrial release.
…
(d) The judicial official authorizing pretrial release
under this section must issue an appropriate order containing a statement of
the conditions imposed, if any; inform the defendant in writing of the
penalties applicable to violations of the conditions of his release; and advise
him that his arrest will be ordered immediately upon any violation. The order
of release must be filed with the clerk and a copy given the defendant.defendant
and any surety, or the agent thereof who executed the bond for the defendant's
release pursuant to that order.
…
(h) A bail bond posted pursuant to this section is effective and binding upon the obligor throughout all stages of the proceeding in the trial division of the General Court of Justice until the entry of judgment in the district court from which no appeal is taken or the entry of judgment in the superior court. The obligation of an obligor, however, is terminated at an earlier time if:
(1) A judge authorized to do so releases the obligor from his bond; or
(2) The principal is surrendered by a surety in accordance with G.S. 15A‑540; or
(3) The proceeding is terminated by voluntary dismissal by the State before forfeiture is ordered under G.S. 15A‑544.3; or
(4) Prayer for judgment has been continued indefinitely
in the district court.court; or
(5) The defendant has been ruled incapable to proceed by the courts pursuant to Article 56 of Chapter 15A of the General Statutes; or
(6) The defendant has entered into a court ordered deferred prosecution agreement or written conditional discharge.
(i) Repealed by Session Laws 2012‑146, s. 1(b), effective December 1, 2012.
(j) No surety shall be held liable for a bond posted for any charge for more than 36 months from the date of execution. The surety shall give written notice to the district attorney and the 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."
SECTION 2. G.S. 15A‑544.5 reads as rewritten:
"§ 15A‑544.5. Setting aside forfeiture.
…
(c) Procedure When Failure to Appear Is Stricken. – If
the court before which a defendant's appearance was secured by a bail bond
enters an order striking the defendant's failure to appear and or recalling
any order for arrest issued for that failure to appear, that court may
simultaneously enter an order settingthe court shall set aside any
forfeiture of that bail bond. When an order setting aside a forfeiture is
entered, bond and the defendant's further appearances shall continue
to be secured by that bail bond unless the court orders otherwise. The court
shall not set aside a bond that is prohibited from being set aside pursuant to G.S. 15A‑544.5(f).
…."
SECTION 3. G.S. 15A‑544.7(d) reads as rewritten:
"(d) Sureties May Not Execute Bonds in County.and
Bail Bondsman May Not Execute Bonds in County. – After a final judgment is
docketed as provided in this section, no surety named in the judgment shall
become a surety on any bail bond in the county in which the judgment is docketed
until the judgment is satisfied in full. In addition, no bail bondsman or
runner, as defined in G.S. 58‑71‑1, whose name appears on a
bond or "Bond Forfeiture Notice" which results in a final judgment shall
sign any bond for any surety until the judgment is satisfied in full."
SECTION 3.1. G.S. 58‑71‑80 reads as rewritten:
"§ 58‑71‑80. Grounds for denial, suspension, probation, revocation, or nonrenewal of licenses.
(a) The Commissioner may deny, place on probation, suspend, revoke, or refuse to renew any license issued under this Article, in accordance with the provisions of Article 3A of Chapter 150B of the General Statutes, for any one or more of the following causes:
…
(14d) Failure to pay State or federal income tax or any
liens that result from such failure to comply with any administrative or
court order directing payment of State or federal income tax after entry
of a final judgment or order finding the violation to have been willful.order.
…
(d) The Commissioner shall retain the authority to enforce the provisions of, and impose any penalty or remedy authorized by, this Chapter against any person who is under investigation for or charged with a violation of this Chapter even if the person's license or registration has been surrendered or has lapsed.
(e) Notwithstanding the notice and hearing requirements of subsection (a) of this section or G.S. 58‑71‑85, and in addition to the authority granted to the Commissioner under G.S. 150B‑3, the Commissioner may 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. The order shall be effective on the date specified in the order or upon service of the certified copy of the order at the last known address of the licensee, whichever is later, and shall remain effective during the proceedings to suspend, revoke, or refuse renewal provided for in this section. Those proceedings shall be promptly commenced and determined."
SECTION 4. This act becomes effective December 1, 2015. This act applies to bonds required by an order for pretrial release entered on or after that date and also applies to any motion for relief from a forfeiture of bond filed on or after that date.