05 LC 29
1587
House
Bill 592
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 Code Section 17-6-54 of the Official Code of Georgia Annotated, relating
to the restriction on
bondsmeńs
compensation after becoming the surety, so as to provide further definition of
the term compensation; to provide for related matters; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 17-6-54 of the Official Code of Georgia Annotated, relating to the
restriction on
bondsmeńs
compensation after becoming the surety, is amended by striking subsection (a)
and inserting in lieu thereof the following:
"(a)
No professional bondsman or his or her agents or employees who receive
compensation for becoming the surety on a criminal bond shall thereafter receive
any other sum in the
case;
provided, however, the bondsman may accept collateral or require an
indemnification agreement from the principal or a third party without violating
the terms of this subsection or Code Section
17-6-30. If the surety surrenders a
defendant into the custody of the court, the sheriff, or another law enforcement
officer in the jurisdiction where the bond was made before final disposition of
the case, the surety is required to return to the principal the compensation
received for signing the bond as surety if such surrender of the defendant is
for reasons other than:
(1)
The
defendant́s
arrest for a crime other than a traffic violation or misdemeanor;
(2)
The
defendant́s
cosigner attests in writing the desire to be released from the
bond;
(3)
The defendant fails to provide to the court and the surety the
defendant́s
change of address;
(4)
The defendant fails to pay any fee due to the surety after being notified by
certified mail or statutory overnight delivery that the same is past
due;
(5)
The defendant fails to notify the court and the surety upon leaving the
jurisdiction of the court; or
(6)
The defendant provides false information to the
surety."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.