GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2013

S                                                                                                                                                     1

SENATE BILL 574

 

 

Short Title:        Appearance Bond Valid For Certain Time Period.		(Public)
Sponsors:	Senator Randleman (Primary Sponsor).
Referred to:	Judiciary II.

April 2, 2013

A BILL TO BE ENTITLED

AN ACT to provide that an appearance bond for a defendant charged with certain misdemeanors is only valid for a certain period of time.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 15A‑534(h) reads as rewritten:

"(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 automatically 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)        Thirty-six months have passed from the date of release on a bail bond where the defendant is charged with a misdemeanor, except for an offense involving impaired driving, as defined in G.S. 20‑4.01(24a). When the obligation automatically terminates for the obligor under this subdivision, the judicial official shall determine whether the defendant is again entitled to release and, if so, upon what conditions."

SECTION 2.  This act becomes effective December 1, 2013, and applies to bail bonds executed before, on, or after that date.