HB 1479 - Bonds and recognizances; failure to appear; liability of surety
Georgia House of Representatives - 1995/1996 Sessions
HB 1479 - Bonds and recognizances; failure to appear; liability of surety
Page Numbers - 1/ 2/ 3/ 4/ 5/ 6/ 7/ 8
Code Sections - 17-7-50
1. Randall 127th
House Comm: SJudy / Senate Comm: S Judy /
House Vote: Yeas 144 Nays 17 Senate Vote: Yeas 44 Nays 0
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House Action Senate
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1/29/96 Read 1st Time 2/27/96
1/30/96 Read 2nd Time 3/12/96
2/15/96 Favorably Reported 3/8/96
Sub Committee Amend/Sub Am
2/26/96 Read 3rd Time 3/14/96
2/26/96 Passed/Adopted 3/14/96
CSFA Comm/Floor Amend/Sub CAFA
3/15/96 Amend/Sub Agreed To 3/18/96
4/4/96 Sent to Governor
4/15/96 Signed by Governor
983 Act/Veto Number
4/15/96 Effective Date
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House Agrees to Senate Amendment #1 as Amended by House and Agreed to Senate
Amendment #2
Senate Agrees to House Amendment to Senate Amendment #1
Code Sections amended: 17-6-1, 17-6-54, 17-6-72, 17-7-50, 24-10-130
HB 1479 HB 1479/AP
H. B. No. 1479 (AS PASSED HOUSE AND SENATE)
By: Representative Randall of the 127th
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Chapter 6 of Title 17 of the Official Code of
1- 2 Georgia Annotated, relating to bonds and recognizances, so
1- 3 as to change the provisions relating to which offenses are
1- 4 bailable before a judge of the superior court; to amend
1- 5 Chapter 7 of Title 17 of the Official Code of Georgia
1- 6 Annotated, relating to pretrial proceedings, so as to change
1- 7 the provisions relating to the right of a person who is
1- 8 refused bail to have the charges against him or her heard by
1- 9 a grand jury within 90 days; to provide that in cases where
1-10 the person is arrested for a crime for which the death
1-11 penalty may be imposed, the superior court may, upon a
1-12 motion of the district attorney and after a hearing and good
1-13 cause shown, grant one extension not exceeding 90 days to
1-14 the 90 day period before the arrested person is entitled to
1-15 such right to have the charges heard by a grand jury; to
1-16 change the provisions relating to when the accused shall
1-17 have bail set upon application to the court when the grand
1-18 jury has not considered the charges against the accused; to
1-19 provide certain conditions under which a surety is not
1-20 required to return to the principal the compensation
1-21 received for signing the bond when the surety surrenders the
1-22 defendant before final disposition of the case; to change
1-23 the provisions relating to conditions not warranting
1-24 forfeiture of bond for failure of the principal to appear;
1-25 to authorize a surety to present a letter of intent to pay
1-26 all cost of returning a principal to the jurisdiction of the
1-27 court in lieu of tendering costs; to provide that, should
1-28 the state fail to place a detainer after a request therefor
1-29 as provided in this Act within 15 days, excluding Saturdays,
1-30 Sundays, and legal holidays, and after presentation and
1-31 letter of intent to pay costs, the surety shall be relieved
1-32 of the liability of the appearance bond; to provide
1-33 conditions under which a court shall order a remission of a
1-34 portion of the amount of the bond; to amend Code Section
1-35 24-10-130 of the Official Code of Georgia Annotated,
1-36 relating to when depositions for preservation of evidence in
1-37 criminal proceedings may be taken, so as to provide for the
H. B. No. 1479
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HB 1479/AP
2- 1 preservation of evidence of nonresident aliens; to provide
2- 2 for repeal of such provision; to provide for effective
2- 3 dates; to repeal conflicting laws; and for other purposes.
2- 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
2- 5 Chapter 6 of Title 17 of the Official Code of Georgia
2- 6 Annotated, relating to bonds and recognizances, is amended
2- 7 by striking in its entirety paragraph (9) of subsection (a)
2- 8 of Code Section 17-6-1, relating to where offenses are
2- 9 bailable and schedule of bails, and inserting in lieu
2-10 thereof a new paragraph (9) to read as follows:
2-11 "(9) Manufacturing, distributing, delivering,
2-12 dispensing, administering, or selling, or possessing
2-13 with intent to distribute any controlled substance
2-14 classified under Code Section 16-13-25 as Schedule I or
2-15 under Code Section 16-13-26 as Schedule II;"
SECTION 2.
2-16 Said chapter is further amended by striking in its entirety
2-17 subsection (a) of Code Section 17-6-54, relating to
2-18 prohibition against professional bondsman or his or her
2-19 agents or employees from receiving further compensation
2-20 after becoming surety on a criminal bond, and inserting in
2-21 lieu thereof a new subsection (a) to read as follows:
2-22 "(a) No professional bondsman, or his or her agents, or
2-23 employees who receive compensation for becoming the surety
2-24 on a criminal bond shall thereafter receive any other sum
2-25 in the case. If, before final disposition of the case, the
2-26 surety surrenders the defendant who is the principal on
2-27 the bond into the custody of the court, he must first
2-28 return to the principal the compensation received for
2-29 signing the bond as surety. If the surety surrenders a
2-30 defendant into the custody of the court, the sheriff, or
2-31 another law enforcement officer in the jurisdiction where
2-32 the bond was made before final disposition of the case,
2-33 the surety is required to return to the principal the
2-34 compensation received for signing the bond as surety if
2-35 such surrender of the defendant is for reasons other than:
2-36 (1) The defendant's arrest for a crime other than a
2-37 traffic violation or misdemeanor;
2-38 (2) The defendant's cosigner attests in writing the
2-39 desire to be released from the bond;
H. B. No. 1479
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HB 1479/AP
3- 1 (3) The defendant fails to provide to the court and the
3- 2 surety the defendant's change of address;
3- 3 (4) The defendant fails to pay any fee due to the surety
3- 4 after being notified by certified mail that the same is
3- 5 past due;
3- 6 (5) The defendant fails to notify the court and the
3- 7 surety upon leaving the jurisdiction of the court; or
3- 8 (6) The defendant provides false information to the
3- 9 surety."
SECTION 3.
3-10 Said chapter is further amended by striking in their
3-11 entirety subsections (b), (c), and (d) of Code Section
3-12 17-6-72, relating to conditions not warranting forfeiture of
3-13 bond for failure to appear, and inserting in lieu thereof
3-14 new subsections (b), (c), and (d) to read as follows:
3-15 "(b) No judgment shall be rendered on a forfeiture of any
3-16 appearance bond if it is shown to the satisfaction of the
3-17 court that the principal on the bond was prevented from
3-18 attending because he or she was detained by reason of
3-19 arrest, sentence, or confinement in a penal institution or
3-20 jail in the State of Georgia, or so detained in another
3-21 jurisdiction, or because he or she was involuntarily
3-22 confined or detained pursuant to court order in a mental
3-23 institution in the State of Georgia or in another
3-24 jurisdiction. An official written notice of the holding
3-25 institution in which the principal is being detained or
3-26 confined shall be considered proof of the principal's
3-27 detention or confinement and such notice may be sent from
3-28 the holding institution by mail or delivered by hand or by
3-29 facsimile machine. Upon the presentation of such written
3-30 notice to the clerk of the proper court, and the
3-31 prosecuting attorney, and the sheriff or other law
3-32 enforcement officer having jurisdiction over the case,
3-33 along with the tender of costs by the surety to the
3-34 sheriff or other law enforcement officer necessary for the
3-35 return of the principal a letter of intent to pay all
3-36 costs of returning the principal to the jurisdiction of
3-37 the court, such notice and letter shall serve as the
3-38 surety's request for a detainer or hold to be placed on
3-39 the principal. Should there be a failure to place a
3-40 detainer or hold within 30 15 days, excluding Saturdays,
3-41 Sundays, and legal holidays included, and after such
3-42 presentation of such notice and tender of letter of intent
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HB 1479/AP
4- 1 to pay costs, the surety shall then be relieved of the
4- 2 liability for the appearance bond without further order of
4- 3 the court.
4- 4 (c) No judgment shall be rendered on a forfeiture of any
4- 5 appearance bond if it is shown to the satisfaction of the
4- 6 court that prior to the entry of the judgment on the
4- 7 forfeiture the principal on the bond is in the custody of
4- 8 the sheriff or other responsible law enforcement agency.
4- 9 A written notice of the sheriff or other responsible law
4-10 enforcement officer having custody or detention of the
4-11 principal shall be considered adequate proof of such
4-12 custody or detention. Except in cases where the principal
4-13 on the bond is in the custody of the sheriff or other
4-14 responsible law enforcement agency of the jurisdiction in
4-15 which forfeiture proceedings were commenced pursuant to
4-16 Code Section 17-6-70, An official written notice of the
4-17 holding institution in which the principal is being
4-18 detained or confined shall be considered proof of the
4-19 principal's detention or confinement and such notice may
4-20 be sent from the holding institution by mail or delivered
4-21 by hand or by facsimile machine. Upon presentation of such
4-22 official written notice to the court clerk of the proper
4-23 court, and the prosecuting attorney, and the sheriff or
4-24 other law enforcement officer having jurisdiction of over
4-25 the case along with tender of the estimated cost necessary
4-26 to return the principal a letter of intent to pay all
4-27 costs of returning the principal to the jurisdiction of
4-28 the court, such notice and letter shall act serve as a the
4-29 surety's request that for a detainer or hold to be placed
4-30 against the principal. Upon the sheriff or other officer
4-31 of the jurisdiction where the case is pending assuming
4-32 custody of the principal, the surety shall be relieved of
4-33 the bond obligation. Should the state fail there be a
4-34 failure to place a detainer or hold within 30 15 days,
4-35 excluding Saturdays, Sundays, and legal holidays included,
4-36 and after presentation of such notice and the tender of
4-37 the estimated cost necessary to return the principal
4-38 letter of intent to pay costs, the surety shall then be
4-39 relieved for the bond obligation of the liability for the
4-40 appearance bond without further order of the court.
4-41 (d) In cases in which paragraph (3) of this subsection is
4-42 not applicable, on application filed within 120 days from
4-43 the payment of judgment, the court shall order remission
4-44 under the following conditions:
H. B. No. 1479
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HB 1479/AP
5- 1 (1) Provided the bond amount has been paid at any time
5- 2 within 120 days after judgment and the delay has not
5- 3 prevented the proper prosecution of the principal, and
5- 4 upon application to the court with prior notice to the
5- 5 prosecuting attorney of such application, said court
5- 6 shall direct remission of 95 percent of the bond amount
5- 7 remitted to the surety if the surety locates the
5- 8 principal in the custody of the sheriff in the
5- 9 jurisdiction where the bond was made or in another
5-10 jurisdiction causing the return of the principal to the
5-11 jurisdiction where the bond was made, apprehends,
5-12 surrenders, or produces the principal, if the
5-13 apprehension or surrender of the principal was
5-14 substantially procured or caused by the surety, or if
5-15 the location of the principal by the surety causes
5-16 caused the adjudication of the principal in the
5-17 jurisdiction in which the bond was made. Should the
5-18 surety, within two years of the principal's failure to
5-19 appear, locate the principal causing the return of the
5-20 principal to the jurisdiction where the bond was made,
5-21 apprehend, surrender, produce, or substantially cause
5-22 the apprehension or surrender of the principal, or if
5-23 the location of the principal by the surety causes the
5-24 adjudication of the principal in the custody of the
5-25 sheriff in the jurisdiction where the bond was made or
5-26 in another jurisdiction causing the return of the
5-27 principal to the jurisdiction where the bond was made,
5-28 apprehend, surrender, or produce the principal, if the
5-29 apprehension or surrender of the principal is
5-30 substantially procured or caused by the surety, or if
5-31 the location of the principal by the surety causes the
5-32 adjudication of the principal in the jurisdiction where
5-33 in which the bond was made, the surety shall be entitled
5-34 to a refund of 50 percent of the bond amount payment.
5-35 The application for 50 percent remission shall be filed
5-36 no later than 30 days following the expiration of the
5-37 two-year period following the date of judgment;
5-38 (2) Remission shall be granted upon condition of the
5-39 payment of court costs and of the expenses of returning
5-40 the principal to the jurisdiction by the surety; or
5-41 (3) If, within 120 days after judgment, the surety
5-42 surrenders the principal to the sheriff or responsible
5-43 law enforcement officer, or said surrender has been
5-44 denied by the sheriff or responsible law enforcement
5-45 officer, or surety locates the principal in custody in
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HB 1479/AP
6- 1 another jurisdiction, the surety shall only be required
6- 2 to pay costs and 5 percent of the face amount of the
6- 3 bond, which amount includes all surcharges. If it is
6- 4 shown to the satisfaction of the court, by the
6- 5 presentation of competent evidence from the sheriff or
6- 6 the holding institution, that said surrender has been
6- 7 made or denied or that the principal is in custody in
6- 8 another jurisdiction or that said surrender has been
6- 9 made and that 5 percent of the face amount of the bond
6-10 amount and all costs have been tendered to the sheriff,
6-11 the court shall be authorized to direct that the
6-12 judgment be marked satisfied and that the writ of
6-13 execution, (fi. fa.) fi. fa., be canceled."
SECTION 4.
6-14 Chapter 7 of Title 17 of the Official Code of Georgia
6-15 Annotated, relating to pretrial proceedings, is amended by
6-16 striking in its entirety Code Section 17-7-50, relating to
6-17 the right to a grand jury hearing within 90 days where bail
6-18 is refused, and inserting in lieu thereof a new Code Section
6-19 17-7-50 to read as follows:
6-20 "17-7-50. (Index)
6-21 Any person who is arrested for a crime and who is refused
6-22 bail shall, within 90 days after the date of confinement,
6-23 be entitled to have the charge against him or her heard by
6-24 a grand jury having jurisdiction over the accused person;
6-25 provided, however, that if the person is arrested for a
6-26 crime for which the death penalty is being sought, the
6-27 superior court may, upon motion of the district attorney
6-28 for an extension and after a hearing and good cause shown,
6-29 grant one extension to the 90 day period not to exceed 90
6-30 additional days; and, provided, further, that if such
6-31 extension is granted by the court, the person shall not be
6-32 entitled to have the charge against him or her heard by
6-33 the grand jury until the expiration of such extended
6-34 period. In the event no grand jury considers the charges
6-35 against the accused person within the 90 day period of
6-36 confinement or within the extended period of confinement
6-37 where such an extension is granted by the court, the
6-38 accused shall have a bail set upon application to the
6-39 court."
SECTION 5.
6-40 Code Section 24-10-130 of the Official Code of Georgia
6-41 Annotated, relating to when depositions for preservation of
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HB 1479/AP
7- 1 evidence in criminal proceedings may be taken, is amended by
7- 2 striking subsection (b) in its entirety, and inserting in
7- 3 lieu thereof a new subsection (b) to read as follows:
7- 4 "(b) The court shall not order the taking of the witness's
7- 5 testimony, except as provided in paragraph (2) of
7- 6 subsection (a) of this Code section, unless it appears to
7- 7 the satisfaction of the court that the testimony of the
7- 8 witness is material to the case and the witness:
7- 9 (1) Is in imminent danger of death;
7-10 (2) Has been threatened with death or great bodily harm
7-11 because of the witness's status as a potential witness
7-12 in a criminal trial or proceeding;
7-13 (3) Is about to leave the state and there are reasonable
7-14 grounds to believe that such witness will be unable to
7-15 attend the trial;
7-16 (4) Is so sick or infirm as to afford reasonable grounds
7-17 to believe that such witness will be unable to attend
7-18 the trial; or
7-19 (5) Is being detained as a material witness and there
7-20 are reasonable grounds to believe that the witness will
7-21 flee if released from detention.; or
7-22 (6) Is a nonresident alien."
SECTION 6.
7-23 Code Section 24-10-130 of the Official Code of Georgia
7-24 Annotated, relating to when depositions for preservation of
7-25 evidence in criminal proceedings may be taken, is amended by
7-26 striking subsection (b) in its entirety, and inserting in
7-27 lieu thereof a new subsection (b) to read as follows:
7-28 "(b) The court shall not order the taking of the witness's
7-29 testimony, except as provided in paragraph (2) of
7-30 subsection (a) of this Code section, unless it appears to
7-31 the satisfaction of the court that the testimony of the
7-32 witness is material to the case and the witness:
7-33 (1) Is in imminent danger of death;
7-34 (2) Has been threatened with death or great bodily harm
7-35 because of the witness's status as a potential witness
7-36 in a criminal trial or proceeding;
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HB 1479/AP
8- 1 (3) Is about to leave the state and there are reasonable
8- 2 grounds to believe that such witness will be unable to
8- 3 attend the trial;
8- 4 (4) Is so sick or infirm as to afford reasonable grounds
8- 5 to believe that such witness will be unable to attend
8- 6 the trial; or
8- 7 (5) Is being detained as a material witness and there
8- 8 are reasonable grounds to believe that the witness will
8- 9 flee if released from detention.; or
8-10 (6) Is a nonresident alien."
SECTION 7.
8-11 Sections 2 and 3 of this Act shall become effective July 1,
8-12 1996. Section 5 of this Act shall become effective upon its
8-13 approval by the Governor or upon its becoming law without
8-14 such approval. Section 6 of this Act shall become effective
8-15 July 1, 1997.
SECTION 8.
8-16 All laws and parts of laws in conflict with this Act are
8-17 repealed.
H. B. No. 1479
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Robert E. Rivers, Jr., Clerk of the House
Last Updated on 01/02/97