Bill Text: NC S740 | 2011-2012 | Regular Session | Amended

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Bill Title: Allow Surety Agent to File Motions/Bail Bonds

Spectrum: Moderate Partisan Bill (Republican 5-1)

Status: (Introduced - Dead) 2011-04-20 - Ref To Com On Judiciary I [S740 Detail]

Download: North_Carolina-2011-S740-Amended.html

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GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2011

S                                                                                                                                                     1

SENATE BILL 740

 

 

Short Title:        Allow Surety Agent to File Motions/Bail Bonds.		(Public)
Sponsors:	Senators Goolsby;  Blake, Forrester, Hise, Hunt, and Vaughan.
Referred to:	Judiciary I.

April 20, 2011

A BILL TO BE ENTITLED

AN ACT allowing a bail agent acting on behalf of a surety company to make written motions regarding setting aside bail forfeiture and relief from final judgment of bail forfeiture under the laws pertaining to criminal procedure.

The General Assembly of North Carolina enacts:

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

"(d)      Motion Procedure. – If a forfeiture is not set aside under subsection (c) of this section, the only procedure for setting it aside is as follows:

(1)        At any time before the expiration of 150 days after the date on which notice was given under G.S. 15A‑544.4, the defendant or any suretyany of the following parties on a bail bond may make a written motion that the forfeiture be set aside,aside:

a.         The defendant.

b.         Any surety.

c.         A professional bondsman or a runner acting on behalf of a professional bondsman.

d.         A bail agent acting on behalf of an insurance company.

stating The written motion shall state the reason for the motion and attaching attach to the motion the evidence specified in subsection (b) of this section."

SECTION 2.  G.S. 15A‑544.8(c)(1) reads as rewritten:

"(c)       Procedure. – The procedure for obtaining relief from a final judgment under this section is as follows:

(1)        At any time before the expiration of three years after the date on which a judgment of forfeiture became final, the defendant or any suretyany of the following parties named in the judgment may make a written motion for relief under this section,section:

a.         The defendant.

b.         Any surety.

c.         A professional bondsman or a runner acting on behalf of a professional bondsman.

d.         A bail agent acting on behalf of an insurance company.

stating The written motion shall state the reasons for the motion and setting set forth the evidence in support of each reason."

SECTION 3.  This act becomes effective December 1, 2011.