North Carolina SB 702: Bail Bond Omnibus.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 702

Short 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*
A BILL TO BE ENTITLED 1
AN ACT TO MODIFY LAWS AFFECTING BAIL BONDS. 2
The General Assembly of North Carolina enacts: 3
SECTION 1.(a) Article 26 of Chapter 15A of the General Statutes reads as rewritten: 4
"Article 26. 5
"Bail. 6
"Part 1. General Provisions. 7
"§ 15A-531. Definitions. 8
As used in this Article the following definitions apply unless the context clearly requires 9
otherwise: 10
... 11
(2) "Address of record" means: 12
a. 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
that person with the clerk of superior court. 15
... 16
e. For a defendant, any of the following: 17
a. The address entered on the bail bond under G.S. 15A-544.2. 18
b. The defendant's permanent or temporary address. 19
c. An address shown on court records. 20
d. An address provided to the bondsman by the defendant. 21
e. An address provided by anyone with actual or constructive 22
knowledge of the defendant's residence. 23
... 24
"§ 15A-534. Procedure for determining conditions of pretrial release. 25
... 26
(h) A bail bond posted pursuant to this section is valid for a period of not more than three 27
years in any case in which a pending forfeiture has not been issued and is effective and binding 28
upon the obligor throughout all stages of the proceeding in the trial division of the General Court 29
of 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 court. In order to be relieved of the bail bond obligation, the 31
surety 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
notification after the bond has expired, the surety is released from the bond. The obligation of an 34
obligor, 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
(1) A judge authorized to do so releases the obligor from his bond; orthe obligor's 1
bond. 2
(2) The principal is surrendered by a surety in accordance with G.S. 15A-540; 3
or15A-540. 4
(3) The proceeding is terminated by voluntary dismissal by the State before 5
forfeiture is ordered under G.S. 15A-544.3; or15A-544.3. 6
(4) Prayer for judgment has been continued indefinitely in the district court; 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 set aside the bond forfeiture pursuant to any 11
subdivision of G.S. 15A-544.5(b)(2) through (b)(7). 12
... 13
"Part 2. Bail Bond Forfeiture. 14
... 15
"§ 15A-544.3. Entry of forfeiture. 16
... 17
(b) The forfeiture shall contain the following information: 18
... 19
(9) The following notice: "TO THE DEFENDANT AND EACH SURETY 20
NAMED ABOVE: The defendant named above has failed to appear as 21
required before the court in the case identified above. A forfeiture for the 22
amount of the bail bond shown above was entered in favor of the State against 23
the defendant and each surety named above on the date of forfeiture shown 24
above. This forfeiture will be set aside if, on or before the final judgment date 25
shown above, satisfactory evidence is presented to the court that one of the 26
following events has occurred: 27
(i) thea. The defendant's failure to appear has been stricken by the court in 28
which the defendant was required to appear and any order for arrest 29
that 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
voluntary dismissal with leave,leave. 33
(iii) thec. The defendant has been surrendered by a surety or bail agent to a 34
sheriff of this State as provided by law,law. 35
(iv) thed. The defendant has been served with an Order for Arrest for the 36
Failure to Appear on the criminal charge in the case in question as 37
evidenced by a copy of an official court record, including an electronic 38
record,records. 39
(v) thee. The defendant died before or within the period between the 40
forfeiture and the final judgment as demonstrated by the presentation 41
of a death certificate,certificate. 42
(vi) thef. The defendant was incarcerated in a unit of the Division of Prisons 43
of the Department of Adult Correction and is serving a sentence or in 44
a unit of the Federal Bureau of Prisons located within the borders of 45
the State at the time of the failure to appear as evidenced by a copy of 46
an official court re