GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2009

S                                                                                                                                                    3

SENATE BILL 1077

Judiciary II Committee Substitute Adopted 5/7/09

House Committee Substitute Favorable 6/16/10

Short Title:        Postconviction Release Bonds.	(Public)
Sponsors:
Referred to:

March 31, 2009

A BILL TO BE ENTITLED

AN ACT to Authorize the use of bonds to secure the appearance of a defendant that is released postconviction and is determined to have absconded.

The General Assembly of North Carolina enacts:

SECTION 1.  The General Statutes are amended by adding a new Article to Chapter 15A to read:

"Article 82A."Postconviction Release Bonds.

"§ 15A-1350.1. Bond to secure appearance upon notice defendant has absconded.

(a) When a defendant is convicted of a criminal offense for which an active punishment is authorized, based on the class of offense and the defendant's prior record or conviction level under Article 81B of this Chapter, but the court imposes an intermediate or community punishment, the court may order the posting of a bond to secure the appearance of the defendant at a subsequent court proceeding. Notwithstanding the provisions of Article 26 of this Chapter, the appearance bond authorized in this section only applies to the condition that the defendant not abscond during a period of probation and is only subject to forfeiture if it is determined that the defendant has violated probation by absconding.

(b) A judge authorizing release of a defendant and ordering the posting of an appearance bond under this section shall require the filing of the bond with the clerk of the court in which the release was authorized.

"§ 15A-1350.2. Qualifications of authorized bail agent.

(a) To qualify as an approved bail agent for purposes of this Article, the agent must be licensed as a bail bondsman or runner by the North Carolina Commissioner of Insurance under Article 71 of Chapter 58 of the General Statutes and must possess a valid concealed handgun permit issued in accordance with Article 54B of Chapter 14 of the General Statutes.

(b) Any qualified bail agent filing an appearance bond with the clerk of court, as required by G.S. 15A-1350.1(b), must present to the clerk a current bail bonding license and a valid concealed handgun permit at the time the appearance bond is filed.

"§ 15A-1350.3. Order for arrest; notice of violation; failure to appear as grounds to issue bond forfeiture.

The court may issue an order for arrest upon notice by the defendant's probation officer that the person has violated the terms of probation by absconding. Upon issuance of the order for arrest, the court shall give the bail agent a minimum of 96 hours to surrender the defendant as provided in G.S. 15A-540(b). If the bail agent fails to surrender the defendant within the time noticed by the court, then the bond shall be subject to forfeiture as provided in Part 2 of Article 26 of this Chapter."

SECTION 2.  G.S. 15A-544.2(a) reads as rewritten:

"(a)       The following information shall be entered on each bail bond executed under Part 1 of this Article:Article or under Article 82B of this Chapter:

(1)        The name and mailing address of the defendant.

(2)        The name and mailing address of any accommodation bondsman executing the bond as surety.

(3)        The name and license number of any professional bondsman executing the bond as surety and the name and license number of the runner executing the bail bond on behalf of the professional bondsman.

(4)        The name of any insurance company executing the bond as surety, and the name, license number, and power of appointment number of the bail agent executing the bail bond on behalf of the insurance company."

SECTION 3.  G.S. 15A-544.3(a) reads as rewritten:

"(a)       If a defendant who was released under Part 1 of this Article or under Article 82B of this Chapter upon execution of a bail bond fails on any occasion to appear before the court as required, the court shall enter a forfeiture for the amount of that bail bond in favor of the State against the defendant and against each surety on the bail bond."

SECTION 4.  This act becomes effective December 1, 2010, and applies to defendants convicted on or after that date.