GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2013

S                                                                                                                                                    2

SENATE BILL 574

Judiciary II Committee Substitute Adopted 5/2/13

Short Title:        Appearance Bond Valid for Certain Time Period.	(Public)
Sponsors:
Referred to:

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 reads as rewritten:

"§ 15A-534.  Procedure for determining conditions of pretrial release.

…

(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:if any of the following occur:

(1)        A judge authorized to do so releases the obligor from his bond; orbond.

(2)        The principal is surrendered by a surety in accordance with G.S. 15A-540; orG.S. 15A-540.

(3)        The proceeding is terminated by voluntary dismissal by the State before forfeiture is ordered under G.S. 15A-544.3; orG.S. 15A-544.3.

(4)        Prayer for judgment has been continued indefinitely in the district court.court.

(h1) The obligation of a surety, as defined in G.S. 15A-531(8), is automatically terminated when 36 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). The obligation of the defendant on the bail bond shall remain until such time as it terminates under other provisions of this section."

SECTION 2.  The Administrative Office of the Courts shall modify the appearance bond and release form to include notice to the bond principal of the provisions in G.S. 15A-534(h1), as set forth in Section 1 of this act.

SECTION 3.  Any professional bondsman or insurance company obligated on a bond subject to termination under this act that was executed prior to the effective date of this act shall, as a condition for termination of their obligation on the bond, provide written notice to the defendant at the defendant's last known mailing address that their obligation on the bond will terminate 36 months after the bond was provided or 30 days after the notice was mailed, whichever date is later.

SECTION 4.  This act becomes effective December 1, 2013, and applies to bail bonds executed before, on, or after that date.