09 LC
21 0079
House
Bill 147
By:
Representatives Talton of the
145th,
O`Neal of the
146th,
Randall of the
138th,
Lucas of the
139th,
and Everson of the
106th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 3 of Chapter 6 of Title 17 of the Official Code of Georgia
Annotated, relating to proceedings for forfeiture of bonds or recognizances, so
as to relieve a surety from liability under certain circumstances; to provide
for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
3 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating
to proceedings for forfeiture of bonds or recognizances, is amended by revising
subsection (a) of Code Section 17-6-71, relating to execution hearing on failure
of principal to appear, as follows:
"(a)
The judge shall, at the end of the court day, upon the failure of the principal
to appear, forfeit the bond and order an execution hearing not sooner than 120
days but not later than 150 days after such failure to appear. Notice of the
execution hearing shall be served within ten days of such failure to appear by
certified mail or statutory overnight delivery to the surety at the address
listed on the bond or by personal service to the surety within ten days of such
failure to appear at its home office or to its designated registered agent.
Service shall be considered complete upon the mailing of such certified notice.
If notice is
not served as specified in this subsection at any point in the proceeding, the
surety shall thereafter be relieved of liability on the appearance
bond."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.