NCBAA Legislative Accomplishments
Requires bail bonding license applicants to be a legal resident or documented citizen of the United States.
Amends the current statute to allow applicants who fail the state exam to retake the exam within 90 days. Currently, applicants must wait a year before retaking the exam.
Technical change that was missed when a previous bill was passed. This just allows AOC to change the wording on the forfeiture to match the current General Statute.
Addresses two issues the court system is currently having with setting aside forfeitures.
Provides two additional grounds for setting aside a forfeiture:
- That the notice of forfeiture was not given within 30 days after the failure to appear.
- That the court refused to issue an order for arrest for the defendant’s failure to appear.
Require the forfeiture of a bail bond to be set aside if the court before which a defendant’s appearance was secured by the bail bond enters an order striking the failure to appear and recalling any order for arrest issued for that failure to appear.
Submit Legislative Ideas or Concerns
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]
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.
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.
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.
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.
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
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.
H851 – S.L. 1995 – 290
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.