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NC H762

Bill

Status

Passed

6/19/2013

Primary Sponsor

Jonathan Hardister

Click for details

Origin

House of Representatives

2013-2014 Session

AI Summary

  • Modifies the definition of "bail bond" to treat appearance bonds signed by any surety as equivalent to cash deposits, rather than limiting this treatment to bail agents acting on behalf of insurance companies.

  • Allows sureties to surrender defendants to any sheriff (either the county where bonded or where defendant was bonded) and requires sureties to provide a copy of the bail bond, forfeiture, or release order upon surrender.

  • Shifts responsibility for serving motions to set aside forfeiture from the clerk of superior court to the moving party under Rule 5 of the Rules of Civil Procedure, with a 20-day response deadline for the district attorney and board of education attorney.

  • Applies the same service requirement change to motions for relief from final judgments in bail bond cases, transferring service obligation from the clerk to the moving party.

  • Becomes effective December 1, 2013.

Legislative Description

Amend Certain Bail Bond Procedures

Last Action

Ch. SL 2013-139

6/19/2013

Committee Referrals

Judiciary II5/6/2013
Judiciary Subcommittee A4/11/2013

Full Bill Text

No bill text available