Bill Text: NC S740 | 2011-2012 | Regular Session | Introduced
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-Introduced.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
S D
SENATE DRS55248-LU-21 (02/02)
Short Title: Allow Surety Agent to File Motions/Bail Bonds. |
(Public) |
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Sponsors: |
Senator Goolsby. |
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Referred to: |
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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.