Bill Text: NC H131 | 2017-2018 | Regular Session | Amended

North Carolina House Bill 131 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Motions for Appropriate Relief

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Vetoed) 2018-06-28 - Re-ref Com On Rules, Calendar, and Operations of the House [H131 Detail]

Download: North_Carolina-2017-H131-Amended.html

GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2017

H 2

HOUSE BILL 131

Senate Judiciary Committee Substitute Adopted 6/14/18

Short Title: Motions for Appropriate Relief.		(Public)
Sponsors:
Referred to:

February 20, 2017

A BILL TO BE ENTITLED

AN ACT to amend BAIL BOND FORFEITURE LAWS.

The General Assembly of North Carolina enacts:

SECTION 1. G.S. 15A‑544.5 reads as rewritten:

"§ 15A‑544.5. Setting aside forfeiture.

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(b) Reasons for Set Aside. � Except as provided by subsection (f) of this section, a forfeiture shall be set aside for any one of the following reasons, and none other:

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(6) The defendant was incarcerated in a unit of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety and is serving a sentence or in a unit of the Federal Bureau of Prisons located within the borders of the State at the time of the failure to appear as evidenced by a copy of an official court record or a copy of a document from the Division of Adult Correction and Juvenile Justice of the Department of Public Safety or Federal Bureau of Prisons, including an electronic record.

(6a) The defendant was in the custody of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety or the Federal Bureau of Prisons located within the borders of the State at any time between the failure to appear and the final judgment as evidenced by a copy of an official court record or a copy of a document from the Division of Adult Correction and Juvenile Justice of the Department of Public Safety or Federal Bureau of Prisons, including an electronic record."

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SECTION 2. G.S. 15A‑544.8 reads as rewritten:

"§ 15A‑544.8. Relief from final judgment of forfeiture.

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(b) Reasons. � The court may grant the defendant or any surety named in the judgment relief from the judgment, for the following ~~reasons, and none other:~~reasons:

(1) The person seeking relief was not given notice as provided in G.S. 15A‑544.4.

(2) Other ~~extraordinary~~ circumstances exist that the court, in its discretion, determines should entitle that person to relief.

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SECTION 3. This act is effective when it becomes law.