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--- version:Edition 1+++ version:Filed@@ -1,13 +1,13 @@GENERAL ASSEMBLY OF NORTH CAROLINASESSION 2025-S 1-SENATE BILL 702+S D+SENATE BILL DRS45355-ND-37BShort Title: Bail Bond Omnibus. (Public)Sponsors: Senators Craven, Britt, and Daniel (Primary Sponsors).-Referred to: Rules and Operations of the Senate-March 26, 2025-*S702-v-1*+Referred to:++*DRS45355-ND-37B*A BILL TO BE ENTITLED 1AN ACT TO MODIFY LAWS AFFECTING BAIL BONDS. 2The General Assembly of North Carolina enacts: 3@@ -21,7 +21,7 @@… 11(2) "Address of record" means: 12a. For a defendant or an accommodation bondsman, the address entered 13-on the bail bond under G.S. 15A-544.2, or any later address filed by 14+on the bail bond under G.S. 15A-544.2, or any later address filed by 14that person with the clerk of superior court. 15… 16e. For a defendant, any of the following: 17@@ -38,16 +38,20 @@years in any case in which a pending forfeiture has not been issued and is effective and binding 28upon the obligor throughout all stages of the proceeding in the trial division of the General Court 29of Justice until the entry of judgment in the district court from which no appeal is taken or the 30-entry of judgment in the superior c ourt. In order to be relieved of the bail bond obligation, the 31+entry of judgment in the superior court. In order to be relieved of the bail bond obligation, the 31surety must notify the district attorney 30 days prior to the date the bond is set to expire. At any 32-time within 30 days prior to the date the bond is set to expire, or if the district attorney receives 33+time within 30 days prior to the date the bond is set to expire, or if the district attorney receives 33notification after the bond has expired, the surety is released from the bond. The obligation of an 34obligor, however, is terminated at an earlier time if:in any of the following circumstances: 35-General Assembly Of North Carolina Session 2025-Page 2 Senate Bill 702-First Edition+FILED SENATE+Mar 25, 2025+S.B. 702+PRINCIPAL CLERK+General Assembly Of North Carolina Session 2025+Page 2 DRS45355-ND-37B(1) A judge authorized to do so releases the obligor from his bond; orthe obligor's 1bond. 2-(2) The principal is surrendered by a surety in accordance with G.S. 15A-540; 3+(2) The principal is surrendered by a surety in accordance with G.S. 15A-540; 3or15A-540. 4(3) The proceeding is terminated by voluntary dismissal by the State before 5forfeiture is ordered under G.S. 15A-544.3; or15A-544.3. 6@@ -55,7 +59,7 @@orcourt. 8… 9(6) The prosecutor enters a dismissal with leave pursuant to G.S. 15A-932(a1). 10-(7) The court grants a motion to se t aside the bond forfeiture pursuant to any 11+(7) The court grants a motion to set aside the bond forfeiture pursuant to any 11subdivision of G.S. 15A-544.5(b)(2) through (b)(7). 12… 13"Part 2. Bail Bond Forfeiture. 14@@ -76,7 +80,7 @@which the defendant was required to appear and any order for arrest 29that was issued for that failure to appear is recalled,recalled. 30(ii) allb. All charges for which the defendant was bonded to appear have 31-been finally disposed by the court other than by the State's taking a 32+been finally disposed by the court other than by the State 's taking a 32voluntary dismissal with leave,leave. 33(iii) thec. The defendant has been surrendered by a surety or bail agent to a 34sheriff of this State as provided by law,law. 35@@ -91,19 +95,19 @@of the Department of Adult Correction and is serving a sentence or in 44a unit of the Federal Bureau of Prisons located within the borders of 45the State at the time of the failure to appear as evidenced by a copy of 46-an official court record or a copy of a document from the Division of 47+an official court record or a copy of a document from the Division of 47Prisons of the Department of Adult Correction or Federal Bureau of 48Prisons,Prisons. 49(vii) theg. The defendant was incarcerated in a local, state, or federal 50detention center, jail, or prison located anywhere within the borders of 51General Assembly Of North Carolina Session 2025-Senate Bill 702-First Edition Page 3+DRS45355-ND-37B Page 3the United States at the time of the failure to appear, or between the 1failure to appear and the final judgment date, and the district attorney 2for the county in which the charges are pending was notified of the 3-defendant's incarceration while t he defendant was still incarcerated 4+defendant's incarceration while the defendant was still incarcerated 4and the defendant remains incarcerated for a period of 10 days 5-following the district attorney's receipt of notice, as evidenced by a 6+following the district attorney 's receipt of notice, as evidenced by a 6copy of the written notice served on the district attorney via hand 7deliverydelivery, electronic delivery using a court's electronic filing or 8case management system, or certified mail and written documentation 9@@ -112,7 +116,7 @@filed,filed. 12(viii) noticeh. Notice of forfeiture was not provided pursuant to 13G.S. 15A-544.4(e), or15A-544.4(e). 14- (ix) thei. The court refused to issue an order for arrest for the defendant's 15+ (ix) thei. The court refused to issue an order for arrest for the defendant 's 15failure to appear, as evidenced by a copy of an official court record, 16including an electronic record. 17The forfeiture will not be set aside for any other reason. If this forfeiture is not 18@@ -130,17 +134,17 @@(b) Reasons for Set Aside. – Except as provided by subsection (f) of this section, a 30forfeiture shall be set aside for any one of the following reasons, and none other: 31… 32-(7) The defendant was incarcerated in a local, state, or federal detention center, 33+(7) The defendant was incarcerated in a local, state, or federal detention center, 33jail, or prison located anywhere within the borders of the United States at the 34time of the failure to appear, or any time between the failure to appear and the 35-final judgment date, and the district attorney for the county in which the 36-charges are pending was notified of the defendant's incarceration while the 37+final judgment date, and the district attorney for the county in which the 36+charges are pending was notified of the defendant 's incarceration while the 37defendant was still incarcerated and the defendant remains incarcerated for a 38-period of 10 days following the district attorney's receipt of notice, as 39+period of 10 days following the district attorney 's receipt of notice, as 39evidenced by a copy of the written notice served on the district attorney via 40-hand deliverydelivery, electronic delivery using a court 's electronic filing or 41+hand deliverydelivery, electronic delivery using a court's electronic filing or 41case management system, or certified mail and written documentation of date 42-upon which the defend ant was released from incarceration, if the defendant 43+upon which the defendant was released from incarceration, if the defendant 43was released prior to the time the motion to set aside was filed. 44… 45(d) Motion Procedure. – If a forfeiture is not set aside under subsection (c) of this section, 46@@ -150,7 +154,7 @@county in which the forfeiture was entered. The moving party shall, under 50G.S. 1A-1, Rule 5, serve a copy of the motion on the district attorney for that 51General Assembly Of North Carolina Session 2025-Page 4 Senate Bill 702-First Edition+Page 4 DRS45355-ND-37Bcounty and on the attorney for the county board of education. In counties with 1an electronic filing or case man agement system, the moving party shall be 2allowed to serve the copies of the motion using that system and the district 3@@ -168,10 +172,10 @@section is as follows: 15… 16(2) The motion shall be filed in the office of the clerk of superior court of the 17-county in which the final judgment was , entered. The moving party shall, 18+county in which the final judgment was, entered. The moving party shall, 18under G.S. 1A-1, Rule 5, serve a copy of the motion on the district attorney 19for that county and on the attorney for the county board of education. In 20-counties with an electronic filing or case management system, the movi ng 21+counties with an electronic filing or case management system, the moving 21party shall be allowed to serve the copies of the motion using that system. 22… 23"§ 15A -545. District attorney submission of defendant information into nationwid e 24@@ -200,9 +204,9 @@"(a) In order to assist licensed sureties and their agents in evaluating potential and current 47clients for the purposes of bail, the Administrative Office of the Courts shall provide any 48individual with a current license to act as professional bondsman, surety bondsman, or runner 49-with access to search criminal records in the Administrative Office of the Courts' real -time 50+with access to search criminal records in the Administrative Office of the Courts ' real-time 50criminal and civil information systems.systems, including its Odyssey systems." 51General Assembly Of North Carolina Session 2025-Senate Bill 702-First Edition Page 5+DRS45355-ND-37B Page 5SECTION 3. This act becomes effective October 1, 2025, and applies to motions 1filed, orders issued, and notice given on or after that date. 2
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