North Carolina SB 251: Bail Bondsmen Revisions.-AB

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 251

Short Title: Bail Bondsmen Revisions.-AB (Public)
Sponsors: Senator Johnson (Primary Sponsor).
Referred to: Rules and Operations of the Senate
March 10, 2025
*S251-v-1*
A BILL TO BE ENTITLED 1
AN ACT REVISING THE LAWS RELATED TO BAIL BONDSMEN, AS RECOMMENDED 2
BY THE DEPARTMENT OF INSURANCE. 3
The General Assembly of North Carolina enacts: 4
5
PART I. CLARIFY ABROGATION OF COMMON LAW AND ALLOW 6
OUT-OF-STATE SURETIES TO USE LICENSED BONDSMEN 7
SECTION 1.(a) Article 71 of Chapter 58 of the General Statutes is amended by 8
adding a new section to read: 9
"§ 58-71-2. Statement of purpose and abrogation of the common law. 10
The purpose of this Article is to provide a comprehensive framework for the regulation of all 11
persons licensed under this Article in the capacity of professional bondsmen, surety bondsmen, 12
or runners, or performing any of the functions, duties, or powers prescribed for professional 13
bondsmen, surety bondsmen, or runners within the State of North Carolina. Any part of the 14
common law that conflicts with the provisions of this Article is expressly abrogated." 15
SECTION 1.(b) G.S. 58-71-30 reads as rewritten: 16
"§ 58-71-30. Arrest of defendant for purpose of surrender. 17
(a) For the purpose of surrendering the defendant, the surety may arrest him before the 18
forfeiture of the undertaking, or by his written authority endorsed on a certified copy of the 19
undertaking, may request any judicial officer to order arrest of the defendant. 20
(b) A surety on a bail bond or undertaking from another state or jurisdiction shall not 21
arrest the defendant in this State for the purposes of surrendering the defendant. 22
(c) Notwithstanding the provisions of subsection (b) of this section, a surety on a bail 23
bond or undertaking from another state or jurisdiction must utilize the services or assistance of 24
any North Carolina surety bondsman, professional bondsman, or runner to effect the arrest or 25
surrender of the defendant. The surety must first provide the surety bondsman, professional 26
bondsman, or runner with a certified copy of the undertaking." 27
28
PART II. CHANGES TO PROVISIONAL LICENSING OF BONDSMEN 29
SECTION 2.(a) G.S. 58-71-1 reads as rewritten: 30
"§ 58-71-1. Definitions. 31
The following definitions apply in this Article: 32
... 33
(4a) First-year licensee. – Any person who has been licensed as a bail bondsman 34
or runner under this Article and who has held the license for a period of less 35
than 12 months. 36

General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 251-First Edition
(4b) Direct supervision. – Direction of a provisional licensee's activities by a 1
supervising bail bondsman that involves personal and face-to-face contact on 2
a frequent and reasonable basis. 3
... 4
(8a) Provisional licensee. – Any person licensed as a bail bondsman or runner 5
under this Article for a period of less than 24 months. 6
(8a)(8b) Resident. – A person who lives in this State for at least six consecutive 7
months immediately before applying for a license under this Article. 8
... 9
(9a) Supervising bail bondsman. – Any person licensed by the Commissioner as a 10
professional bondsman or surety bondsman who who (i) meets the 11
requirements of G.S. 58-71-41.1 and G.S. 58-71-50 and (ii) employs or 12
contracts with any new licensee under this Article.a provisional licensee under 13
this Article. 14
... 15
(11) Surety bondsman. – Any person who is licensed by the Commissioner as a 16
surety bondsman under this Article, is appointed by an insurer by power of 17
attorney to execute or countersign bail bonds for the insurer in connection with 18
judicial proceedings, proceedings of another, and who receives or is promised 19
consideration for doing so." 20
SECTION 2.(b) G.S. 58-71-41 reads as rewritten: 21
"§ 58-71-41. First-year Provisional licensees; limitations. 22
(a) Except as provided in this section, a first-year provisional licensee shall have the same 23
authority as other persons licensed as bail bondsmen or runners under this Article. Except as 24
provided in subsection (d) of this section, a first-year provisional licensee shall operate only 25
under the direct supervision of and from the official business address of a licensed supervising 26
bail bondsman bondsman, who shall be responsible for the direct supervision of the provisional 27
licensee, for the first 12 24 months of licensure. A first-year provisional licensee may only be 28
employed by or contract with one supervising bail bondsman. 29
(b) When a first-year provisional licensee has completed 12 24 months of supervision, 30
six of which shall be uninterrupted, the supervising bail bondsman shall give notice of that fact 31
to the Commissioner in writing. If the licensee will continue to be employed by or contract with 32
the supervising bail bondsman beyond the initial 12-month 24-month period, the supervising bail 33
bonds