NCBAA Accomplishments - Your Membership At Work

NCBAA is a not-for-profit, professional organization that utilizes the funds provided by Pre-licensingContinuing Education, and Membership dues to protect and enhance the laws and interest of all Bail Agents. NCBAA funds lobbyists and staff whom are committed to executing NCBAA’s Mission to Protect, Preserve, Promote and Improve our industry and the livelihood of all bondsmen in North Carolina.
 
Since 1992, NCBAA has successfully promoted, enhanced, and protected the laws and rules which regulation and effect bail agents throughout the state. Below, you will find a majority of NCBAA's successful legislative actions. 

2018

H382 - S.L. 2018 - 120
Technical changes to expiration of CE credits due to biannual renewal. [Section 4.7]
Allows for a bail agent to file a motion to set aside a forfeiture if the defendant is incarcerated on their court date or at anytime between their failure to appear and final judgement date. [Section 6.1.(a)] This section provides that if a bail bondsman locates their defendant incarcerated in a prison or detention center, and the defendant was not served with the outstanding order for arrest, the bondsman can notify the District Attorney (DA) and qualify for the forfeiture to be set aside. The defendant must remain incarcerated for a period of 10 days following notification to the DA.

S140 – S.L. 2018 - 38
Increase the amount of bond undertaking for professional bail agents to 12 times their security deposit. [Section 3]

2016

Allows for the discharge of liability for any deferred judgment on a case.
Changed renewal from one to two years.
Allows for Commissioner to suspend or revoke or not issue a license for having a Federal tax lien.

2015

H446 – S.L. 2015 - 180
Makes the minimum required age of a bondsman 21 years old.
Extends the time from 72 hours to 15 days for return of collateral.
Gives bondsman access to VCAP records.

2013

H762 – S.L. 2013 -139
Allows all licensed bondsmen and runners to post cash bonds, Allows surrender of defendant with a copy of the bond, forfeiture, or release order, Removal clerk from service of forfeiture.

H597 – S.L. 2013-209
Authorized “official shield” for bondsmen and runners.

2011

H335 – S.L. 2011-412
Access to AOC ACIS computer system
Absolute set aside of forfeiture if no objection by the twentieth day after the motion is served by the clerk

H649 – S.L 2011 - 377
Insured that the bondsman did not have to return premium if the bail was reduced after the bond had been posted.
Allowed the simultaneously holding a professional bondsman’s license and a runner’s license at the same time
Allowed the transfer of a professional bondsman’s business to another professional bondsman
Allowed a surety bondsman, on behalf of a insure, or a runner, on behalf of a professional bondsman, to file a written motion to set aside forfeiture
Allowed a surety bondsman, on behalf of a insure, or a runner, on behalf of a professional bondsman, to file a written motion for relief after final judgment of forfeiture

NO. COA10-1178 NORTH CAROLINA COURT OF APPEALS
Rules that a bail agent may make a written motion to set aside forfeiture and also appear at a hearing on a motion to set aside forfeiture if the bail agent has a financial liability on the bond.

H650 – S.L. 2011 - 268
Includes a bondsman in the castle doctrine with the authority to enter a home, motor vehicle, or workplace in the lawful performance of his or her official duties in the apprehension of a defendant.

2009

H274 – S.L. 2009-550
Changed reason to remit bond to not receiving notice within 30 days, after FTA rather than
not receiving notice within 30 days after forfeiture was entered in the system.

S458 – S.L. 2009 - 536
Have obtained a high school diploma or its equivalent as one of the qualifications to be a bondsman
Even-numbered year’s renewal application and criminal background check
Conviction of a misdemeanor drug violation as a reason to deny or revoke bail bond license

S929 – S.L. 2009 - 437
Requires “actual notice” of two or more failures to appear to marked on the defendant’s release order.

2007

S880 – S.L. 2007 - 105
Allowed forfeiture set aside if defendant is incarcerated anywhere in the United States at the time of failure to appear.

S881 – S.L. 2007 - 228
Included “resident” as one of the definitions in 58-71-1
Required a valid and current North Carolina drivers license or valid North
Carolina identification card issued by the Division of Motor Vehicles as one of the qualifications for a bondsman
Required proof of residency in NC

S1327 – S.L. 2007 - 399
Added the following as reasons to surrender a defendant without return of premium,
(6) Fails to disclose information or provides false information regarding any failure to appear in court, any previous felony convictions within the past 10 years, or any charges pending in any State or federal court.
(7) Knowingly provides the surety with incorrect personal identification or uses a false name or alias.

2006

S846 - S.L. 2006 - 188
Established the Electronic Bondsmen Registry allowing bondsmen free registration of licenses, powers of appointments, powers of attorneys and authorized to sign bonds in all counties in NC

2005

S707 - S.L. 2005 - 240
Provided “due process” to bail bondsmen under Article 3A of Chapter 150B of the General Statutes
Provided for the return of the professional bondsman’s security deposit

2004

H1414 - S.L. 2004 - 124
Changed CE hours from 6 hours to 3 hours [Section 21.3]

2003

S962 - S.L. 2003 - 148
Affidavit of surety bondsman required for appointment with new insurer.

2001

H338 - S.L. 2001 - 487
Required a $500 bond for an FTA for which no bond was set.

H356 - S.L. 2001 - 269
Allowed hiring of unlicensed persons to perform normal office duties
Allowed bail bondsmen working out of the same business office or location to use the same trust account for bail bond collateral

2000

H1607 - S.L. 2000 - 133
Allowed the surety to surrender the defendant after a FTA to any county the defendant is in custody.
Required a secure bond for an FTA for which no bond was set or double the previous bond.
Provided for a copy of the forfeiture motion to be sent to the surety bondsman.
Provided six reasons for setting aside forfeiture.
Provided for 150 days to set aside forfeiture.
Provided that the forfeiture motion would be set aside (by the computer) if no objection after 10 day of motion being served.
Provided for two reasons for relief after final judgment.

H1608 - S.L. 2000-180
First year licensee statute required 12 months of supervision for new licensee.

1998

H926 - S.L. - 1998 - 211
Required the Commissioner to deny or revoke license for conviction of a felony.
Changed CE from 10 hours to 6 hours

1995

H851 - S.L. 1995 - 205
Allowed the surety to surrender the defendant to the county where the defendant was bonded from.
Provided for set aside of forfeiture if defendant was incarcerated and unable to appear in court.
Provided for set aside of forfeiture if defendant was incarcerated or served with OFA within 90 days of entry of judgment.

S534 - S.L. 1995 - 726
Up to this point all licenses expired annually. Now the license continues in force without expiration until suspended or revoked.

1993

S603 - S.L. 1993 - 234
Required 20 hours of pre-licensing education, 10 hours of continuing education annually.
Exempted a person who was 65 years old and licensed for 15 years from CE requirement.