The North Carolina General Assembly is considering legislation requiring bail agents to have a high school diploma. The bill also expands the process of renewing a bail license.

Track the status of this bill here.

GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2009

SENATE BILL 458

Commerce Committee Substitute Adopted 4/22/09
Third Edition Engrossed 4/29/09

House Committee Substitute Favorable 7/2/09

March 9, 2009

A BILL TO BE ENTITLED

AN ACT requiring an applicant for licensure as a bail bondsman or runner to have obtained a high school diploma or its equivalent; to require a renewal application and criminal history record check for renewing a license; to provide that a licensee shall pay for the costs of a criminal history record check when renewing a license; to prohibit the renewal of a license of a licensee who has been convicted of a misdemeanor drug charge; and to prohibit a person from being licensed if the person is convicted of a misdemeanor drug violation within the previous twenty-four months of the date of the application.

The General Assembly of North Carolina enacts:

SECTION 1. G.S. 58‑71‑50(b) is amended by adding a new subdivision to read:

“(b)      Every applicant for a license under this Article as a bail bondsman or runner must meet all of the following qualifications:

…

(1a) Have obtained a high school diploma or its equivalent.“

SECTION 2. G.S. 58‑71‑75 reads as rewritten:

“§ 58‑71‑75.  Renewal fees.Application for license renewal; criminal history record checks and fees required to renew license.

(a) A bail bondsman or runner who wishes to renew a license shall provide the Commissioner, not less than 30 days prior to the expiration date of the bail bondsman or runner’s current license, all of the following:

(1) A renewal application providing the information required by:

a. G.S. 58‑71‑50(a)(2);

b. G.S. 58‑71‑50(a)(5) through G.S. 58‑71‑50(a)(7); and

c. G.S. 58‑2‑69.

(2) The renewal fee as provided in subsection (c) of this section.

(3) A complete set of fingerprints of the bail bondsman or runner. The fingerprints shall be submitted in the manner prescribed by the Commissioner and shall be certified by an authorized law enforcement officer.

(b) The fingerprints of every bail bondsman or runner seeking to renew a license shall be forwarded by the Commissioner to the State Bureau of Investigation for a State criminal history record check. If warranted, the State Bureau of Investigation shall forward a set of fingerprints to the Federal Bureau of Investigation for a national criminal history record check. A licensee seeking a renewal license shall pay the cost of the State and national criminal history record check of the licensee.

(c) The renewal fee for a runner’s license is sixty dollars ($60.00). The renewal fee for a bail bondsman’s license is one hundred dollars ($100.00). A renewed license continues in effect until suspended or revoked for cause.”

SECTION 3. G.S. 58‑71‑80 is amended by adding the following new subsections to read:

“(b1) The Commissioner shall deny, revoke, or refuse to renew any license under this Article if the licensee has been convicted on or after October 1, 2009, of a misdemeanor drug violation under Article 5 of Chapter 90 of the General Statutes.

(b2) The Commissioner shall deny any license under this Article if the applicant has been convicted of a misdemeanor drug violation under Article 5 of Chapter 90 of the General Statutes within the previous 24 months of the date of the application for the license.“

SECTION 4. This act is effective when it becomes law.

]]> http://www.baillaws.com/legislation/north-carolina/proposed-north-carolina-legislation/feed http://www.baillaws.com/legislation/arkansas/ar-county-requiring-sheriffs-bonds-for-felony-cases http://www.baillaws.com/legislation/arkansas/ar-county-requiring-sheriffs-bonds-for-felony-cases#comments Wed, 08 Jul 2009 17:30:18 +0000 kpuza http://www.baillaws.com/?p=353 Saline County, Arkansas judges signed a court order earlier this year requiring sheriff bonds for felony cases and outlawing payment plans on bail premiums.

Find more bail legislation news on Collateral Magazine.

A. This act shall only apply to the regulation of bail bonds for crimes, the punishment of which may be in
excess of Twenty Dollars ($20.00) fine or twenty (20) days in jail, or both such fine and imprisonment.
B. As used in the act:
1. “Commissioner” means the Insurance Commissioner of the State of Oklahoma;
2. “Clerk” means the district or municipal court clerk;
3. “Insurer” means any domestic, foreign or alien surety company which has qualified generally to transact surety business and specifically to transact bail bond business in this state;
4. “Bail bondsman” means a surety bondsman, professional bondsman, property bondsman, or a cash bondsman as hereinafter defined;
5. “Surety bondsman” means any person who has been approved by the Commissioner and appointed by an insurer or a professional bondsman, by power of attorney, to execute or countersign bail bonds for the insurer or a professional bondsman, in connection with judicial proceedings and charges and receives money for his services;
6. “Managing general agent” (M.G.A.) means any person acting in the capacity of supervisor or manager over a licensed bondsman, who has been granted the authority or responsibility by a surety company to conduct surety business on its behalf, and to oversee the activities and conduct of the surety’s appointed licensed bondsman agents, and who generally functions as an intermediate manager between the surety and its licensed bondsman agents. A managing general agent fulfilling these functions shall be a natural person, shall meet the qualifications of paragraph 5 of this subsection and shall be licensed as a bondsman;
7. “Professional bondsman” means any person who has been approved by the Commissioner and who
pledges cash as security for a bail bond in connection with a judicial proceeding and charges and receives
money for his services;
8. “Property bondsman” means any person who has been approved by the Commissioner and who
pledges real property as security for a bail bond in a judicial proceeding and charges and receives money for
his services;
9. “Cash bondsman” means any person who has been approved by the Commissioner and who deposits
cash money as security for a bail bond in a judicial proceeding and charges and receives money for his
services;
10. “Escrow deposit” means cash or valuable security deposited by an insurer of a surety bondsman or
professional bondsman to secure the face amount of forfeiture pending appeal;
11. “Solicitation” means to ask for earnestly, seek to obtain by persuasion or entreaty, implore, beseech,
tempt or entice a person directly or through another person by personal, mechanical, printed or published
means to purchase a bail bond. Solicitation shall not include mass communication advertising, which shall
include, but not be limited to, television, newspapers, magazines and billboards; and
12. “Bond” means an appearance bond for a specified monetary amount which is executed by the
defendant and a licensed bondsman pursuant to the provisions of Section 1301 et seq. of this title and which is issued to a court clerk as security for the subsequent court appearance of the defendant upon release from actual custody pending the appearance.

For the rest of this statute, read: Oklahoma Statute Revisions - November 1, 2008

To read the statute, please view North Carolina Revision 15-544.5