05 LC 29
1683
House
Bill 593
By:
Representatives Maxwell of the
17th,
Hembree of the
67th,
Heckstall of the
62nd,
Murphy of the
23rd,
and Randall of the
138th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 3 of Chapter 6 of Title 17 of the Official Code of Georgia
Annotated, relating to proceedings for forfeiture of bonds or recognizances, so
as to require strict compliance with the notice to the surety for an execution
hearing for the failure of a principal to appear; to provide for a structure of
bond forfeiture amounts under certain circumstances; to provide for related
matters; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
3 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating
to proceedings for forfeiture of bonds or recognizances, is amended in Code
Section 17-6-71, relating to the execution hearing on failure of principal to
appear, by striking said Code section in its entirety and inserting in lieu
thereof the following:
"17-6-71.
(a)
The judge shall, at the end of the court day, upon the failure of the principal
to appear for
his or her first court appearance, forfeit
the bond and order an execution hearing not sooner than 120 days but not later
than 150 days after such failure to appear. Notice of the execution hearing
shall be served within ten days of such failure to appear by certified mail or
statutory overnight delivery to the surety at the address listed on the bond or
by personal service to the surety within ten days of such failure to appear at
its home office or to its designated registered agent. Service shall be
considered complete upon the mailing of such certified notice.
Service on the
surety shall be strictly complied with and failure to comply with the ten-day
notice requirement will result in a bond forfeiture as set forth is subsection
(b) of this Code section.
(b)
If notice of the execution hearing is provided after the tenth day but prior to
15 days after the order for the execution hearing, the surety shall only be
liable for 95 percent of the face amount of the bond, which amount includes all
surcharges. If notice is provided after the fifteenth day but prior to 30 days
after the order for the execution hearing, the surety shall only be liable for
50 percent of the face amount of the bond, which amount includes all surcharges.
If notice is not provided within 30 days of the order for an execution hearing,
the surety shall not be liable for the amount of the bond and no judgment shall
issue against the surety as provided by subsection (c) of this Code
section.
(b)(c)
If at the execution hearing it is determined that judgment should be entered,
the judge shall so order and a writ of fieri facias shall be filed in the office
of the clerk of the court where such judgment is entered. The provisions of this
subsection shall apply to all bail bonds, whether returnable to superior court,
state court, probate court, magistrate court, or municipal
court."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.