05 LC 29
1590
House
Bill 591
By:
Representatives Maxwell of the
17th,
Cox of the
102nd,
Hembree of the
67th,
Heckstall of the
62nd,
Murphy of the
23rd,
and others
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 provide that deportation constitutes a condition not warranting forfeiture of
bond for failure to appear; 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 by striking
Code Section 17-6-72, relating to conditions not warranting forfeiture of bond
for failure to appear, in its entirety and inserting in lieu thereof the
following:
"17-6-72.
(a)
No judgment shall be rendered on a forfeiture of any appearance bond if it is
shown to the satisfaction of the court by the written statement of a licensed
physician that the principal on the bond was prevented from attending by some
mental or physical disability.
(b)
No judgment shall be rendered on a forfeiture of any appearance bond if it is
shown to the satisfaction of the court that the principal on the bond was
prevented from attending because he or she was detained by reason of arrest,
sentence, or confinement in a penal institution or jail in the State of Georgia,
or so detained in another jurisdiction, or because he or she was involuntarily
confined or detained pursuant to court order in a mental institution in the
State of Georgia or in another jurisdiction. An official written notice of the
holding institution in which the principal is being detained or confined shall
be considered proof of the
principaĺs
detention or confinement and such notice may be sent from the holding
institution by mail or delivered by hand or by facsimile machine. Upon the
presentation of such written notice to the clerk of the proper court, the
prosecuting attorney, and the sheriff or other law enforcement officer having
jurisdiction over the case, along with a letter of intent to pay all costs of
returning the principal to the jurisdiction of the court, such notice and letter
shall serve as the
suretýs
request for a detainer or hold to be placed on the principal. Should there be a
failure to place a detainer or hold within 15 days, excluding Saturdays,
Sundays, and legal holidays, and after such presentation of such notice and
letter of intent to pay costs, the surety shall then be relieved of the
liability for the appearance bond without further order of the
court.
(c)
No judgment shall be rendered on a forfeiture of any appearance bond if it is
shown to the satisfaction of the court that prior to the entry of the judgment
on the forfeiture the principal on the bond is in the custody of the sheriff or
other responsible law enforcement agency. An official written notice of the
holding institution in which the principal is being detained or confined shall
be considered proof of the
principaĺs
detention or confinement and such notice may be sent from the holding
institution by mail or delivered by hand or by facsimile machine. Upon
presentation of such written notice to the clerk of the proper court, the
prosecuting attorney, and the sheriff or other law enforcement officer having
jurisdiction over the case along with a letter of intent to pay all costs of
returning the principal to the jurisdiction of the court, such notice and letter
shall serve as the
suretýs
request for a detainer or hold to be placed against the principal. Should there
be a failure to place a detainer or hold within 15 days, excluding Saturdays,
Sundays, and legal holidays, and after presentation of such notice and letter of
intent to pay costs, the surety shall then be relieved of the liability for the
appearance bond without further order of the court.
(d)
No judgment shall be rendered on a forfeiture of any appearance bond if it is
shown to the satisfaction of the court that the principal on the bond was
prevented from attending because he or she was deported pursuant to a judicial
order of removal pursuant to proceedings instituted by the Department of
Immigration and Naturalization Services. A certified copy of the judicial order
of removal together with an affidavit stating that the removal order has been
fully executed shall be considered proof of the
principaĺs
deportation. Upon the presentation of such written documentation to the clerk of
the proper court, the prosecuting attorney, and the sheriff or other law
enforcement officer having jurisdiction over the case, the surety shall then be
relieved of the liability for the appearance bond without further order of the
court.
(d)(e)
In cases in which paragraph (3) of this subsection is not applicable, on
application filed within 120 days from the payment of judgment, the court shall
order remission under the following conditions:
(1)
Provided the bond amount has been paid within 120 days after judgment and the
delay has not prevented prosecution of the principal and upon application to the
court with prior notice to the prosecuting attorney of such application, said
court shall direct remission of 95 percent of the bond amount remitted to the
surety if the surety locates the principal in the custody of the sheriff in the
jurisdiction where the bond was made or in another jurisdiction causing the
return of the principal to the jurisdiction where the bond was made, apprehends,
surrenders, or produces the principal, if the apprehension or surrender of the
principal was substantially procured or caused by the surety, or if the location
of the principal by the surety caused the adjudication of the principal in the
jurisdiction in which the bond was made. Should the surety, within two years of
the
principaĺs
failure to appear, locate the principal in the custody of the sheriff in the
jurisdiction where the bond was made or in another jurisdiction causing the
return of the principal to the jurisdiction where the bond was made, apprehend,
surrender, or produce the principal, if the apprehension or surrender of the
principal is substantially procured or caused by the surety, or if the location
of the principal by the surety causes the adjudication of the principal in the
jurisdiction in which the bond was made, the surety shall be entitled to a
refund of 50 percent of the bond amount. The application for 50 percent
remission shall be filed no later than 30 days following the expiration of the
two-year period following the date of judgment;
(2)
Remission shall be granted upon condition of the payment of court costs and of
the expenses of returning the principal to the jurisdiction by the surety;
or
(3)
If, within 120 days after judgment, the surety surrenders the principal to the
sheriff or responsible law enforcement officer, or said surrender has been
denied by the sheriff or responsible law enforcement officer, or surety locates
the principal in custody in another jurisdiction, the surety shall only be
required to pay costs and 5 percent of the face amount of the bond, which amount
includes all surcharges. If it is shown to the satisfaction of the court, by the
presentation of competent evidence from the sheriff or the holding institution,
that said surrender has been made or denied or that the principal is in custody
in another jurisdiction or that said surrender has been made and that 5 percent
of the face amount of the bond and all costs have been tendered to the sheriff,
the court shall direct that the judgment be marked satisfied and that the writ
of execution, fi. fa., be
canceled."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.