23 LC 44 2222
S. B. 63
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Senate Bill 63
By: Senators Robertson of the 29th, Gooch of the 51st, Brass of the 28th, Anavitarte of the
31st and Kennedy of the 18th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds
1
and recognizances, so as to provide for setting of bonds and schedules of bails; to provide2
for release of individuals on bail for misdemeanors; to limit unsecured judicial releases; to3
revise surety liability; to provide for return of compensation by surety to principal; to change4
the fee for continuing education programs for bail recovery agents; to end the issuance of5
uniform identification cards to bail recovery agents; to revise when forfeiture of bonds6
occurs; to revise procedures relating to execution hearings; to revise procedures for7
judgments on forfeitures and remission of bond funds; to revise definitions; to amend Code8
Section 17-10-6.1 of the Official Code of Georgia Annotated, relating to punishment for9
serious violent offenders and authorization for reduction in mandatory minimum sentencing,10
so as to identify domestic terrorism as a serious violent felony; to provide for related matters;11
to repeal conflicting laws; and for other purposes.12
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:13
SECTION 1.14
Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and15
recognizances, is amended in Code Section 17-6-1, relating to when offenses bailable,16 23 LC 44 2222
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procedure, schedule of bails, and appeal bonds, by revising paragraph (4) of subsection (e),
17
paragraph (1) of subsection (f), and subsection (i) as follows:18
"(4) A bond set for any offense by an elected judge, an appointed judge filling the
19
vacancy of an elected judge, or a judge sitting by designation that purports a dollar20
amount shall be executed in the full-face amount of such bond through secured means as21
provided for in Code Section 17-6-4 or 17-6-50 or shall be executed by use of property22
as approved by the sheriff in the county where the offense was committed."23
"(f)(1) Except as provided in subsection (a) of this Code section or as otherwise provided24
in this subsection, the judge of any court of inquiry may by written order establish a25
schedule of bails, inclusive of offenses that are violations of local ordinances, and unless26
otherwise ordered by the judge of any court, an accused shall be released from custody27
upon posting bail as fixed in the schedule; provided, however, that no bail schedule, local28
standing order, official policy, or local ordinance shall mandate releasing an accused on29
unsecured judicial release as defined in Code Section 17-6-12 prior to the accused30
appearing before a judge of any court of inquiry. Nothing in this paragraph shall prohibit31
unsecured judicial release for any person charged under Code Section 3-3-23.1 or32
charged under any provision of local or state law not providing for a sentence of33
confinement in a penal institution or state, county, or local jail."34
"(i) As used in this Code section, the term 'bail' shall only include the release of a person35
on an unsecured judicial release, except as limited by Code Section 17-6-12 by the use of36
secured means as provided in Code Sections 17-6-4 and 17-6-5, professional bondsmen as37
provided in Code Section 17-6-50, or property as approved by the sheriff in the county38
where the offense was committed."39 23 LC 44 2222
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SECTION 2.
40
Said chapter is further amended in Code Section 17-6-2, relating to acceptance of bail in41
misdemeanor cases and posting driver’s license as collateral for bail, by revising subsection42
(b) as follows:43
"(b) In all other misdemeanor cases, sheriffs and constables shall accept bail in such44
reasonable
sufficient amount as may be just and fair for any person or persons charged with45
a misdemeanor, provided that the sureties tendered and offered on the bond are shall only46
include the release of a person by the use of secured means as provided in Code47
Sections 17-6-4 and 17-6-5, professional bondsmen as provided in Code Section 17-6-50,48
or property as approved by the sheriff in the county where the offense was committed."49
SECTION 3.50
Said chapter is further amended by revising Code Section 17-6-12, relating to unsecured51
judicial release, requirement, and effect of failure of person charged to appear for trial, as52
follows:53
"17-6-12.54
(a) As used in this Code section, the term:55
(1) 'Bail restricted offense' means the person is charged with an offense of:56
(A) An offense of:57
(i)(A) Murder or felony murder, as defined in Code Section 16-5-1;58
(ii)(B) Armed robbery, as defined in Code Section 16-8-41;59
(iii)(C) Kidnapping, as defined in Code Section 16-5-40;60
(iv)(D) Rape, as defined in Code Section 16-6-1;61
(v)(E) Aggravated child molestation, as defined in subsection (c) of Code62
Section 16-6-4, unless subject to the provisions of paragraph (2) of subsection (d) of63
Code Section 16-6-4;64
(vi)(F) Aggravated sodomy, as defined in Code Section 16-6-2; or65 23 LC 44 2222
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(vii)(G) Aggravated sexual battery, as defined in Code Section 16-6-22.2;66
(B) A felony offense of:67
(i)(H) Aggravated assault;68
(ii)(I) Aggravated battery;69
(iii)(J) Hijacking a motor vehicle in the first degree;70
(iv)(K) Aggravated stalking;71
(v)(L) Child molestation;72
(vi)(M) Enticing a child for indecent purposes;73
(vii)(N) Pimping;74
(viii)(O) Robbery;75
(viii.1)(P) Burglary;76
(ix)(Q) Bail jumping;77
(x)(R) Escape;78
(xi)(S) Possession of a firearm or knife during the commission of or attempt to commit79
certain crimes;80
(xii)(T) Possession of firearms by convicted felons and first offender probationers;81
(xiii)(U) Trafficking in cocaine, illegal drugs, marijuana, or methamphetamine;82
(xiv)(V) Participating in criminal street gang activity;83
(xv)(W) Habitual violator;84
(xvi)(X) Driving under the influence of alcohol, drugs, or other intoxicating85
substances;86
(xvii)(Y) Entering an automobile or other mobile vehicle with intent to commit theft87
or felony, as defined in Code Section 16-8-18; or88
(xviii)(Z) Stalking; or89
(C) A misdemeanor offense of:90
(i)(AA) Crimes involving family violence, as defined in Code Section 19-13-1; or91
(ii) Stalking.92 23 LC 44 2222
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(BB) Reckless stunt driving, as described in Code Section 40-6-390.1;93
(CC) Promoting or organizing an exhibition of drag races or laying drags, as described94
in Code Section 16-11-43.1;95
(DD) Laying drags, as defined in Code Section 40-6-251;96
(EE) Reckless driving, as described in Code Section 40-6-390;97
(FF) Fleeing or attempting to elude a police officer, as described in Code98
Section 40-6-395;99
(GG) Obstruction of a law enforcement officer, as described in Code Section 16-10-29;100
(HH) Criminal trespass, as described in Code Section 16-7-21;101
(II) Theft by taking, as described in Code Section 16-8-2;102
(JJ) Theft by deception, as described in Code Section 16-8-3;103
(KK) Theft by extortion, as described in Code Section 16-8-16;104
(LL) Destruction, removal, concealment, encumbrance, or transfer of property subject105
to security interest, as described in Code Section 16-9-51;106
(MM) Bribery, as described in Code Section 16-10-2;107
(NN) Purchase, possession, manufacture, distribution, or sale of controlled substances108
or marijuana, as described in Code Section 16-13-30;109
(OO) Forgery, as described in Code Section 16-9-1;110
(PP) Exploitation and intimidation of disabled adults, elder persons, and residents or111
obstruction of an investigation, as described in Code Section 16-5-102;112
(QQ) Battery, as described in Code Section 16-5-23.1;113
(RR) Voluntary manslaughter, as described in Code Section 16-5-2;114
(SS) Cruelty to animals, as described in Code Section 16-12-4;115
(TT) Violation of oath by a public officer, as described in Code Section 16-10-1;116
(UU) Financial transaction card fraud, as described in Code Section 16-9-33;117
(VV) Financial transaction card theft, as described in Code Section 16-9-31;118
(WW) Identity fraud, as described in Code Section 16-9-121;119 23 LC 44 2222
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(XX) Racketeering and conspiracy, as described in Code Section 16-14-4;120
(YY) Trafficking of persons for labor or sexual servitude, as described in Code121
Section 16-5-46;122
(ZZ) Failure to appear, as described in Code Section 40-13-63;123
(AAA) Domestic terrorism, as described in Code Section 16-11-221;124
(BBB) Riot, as described in Code Section 16-11-30;125
(CCC) Inciting to riot, as described in Code Section 16-11-31;126
(DDD) Affray, as described in Code Section 16-11-32;127
(EEE) Unlawful assembly, as described in Code Section 16-11-33;128
(FFF) Terroristic threat or act, as described in Code Section 16-11-37; or129
(GGG) Possession of tools for commission of a crime, as described in Code Section130
16-7-20.131
(2) 'Unsecured judicial release' means any release that does not purport a dollar amount132
through secured means as provided for in Code Section 17-6-4 or 17-6-50 or property as133
approved by the sheriff in the county where the offense was committed and that is:134
(A) On a person's own recognizance; or135
(B) For the purpose of entering a pretrial release program, a pretrial release and136
diversion program as provided for in Article 4 of Chapter 3 of Title 42, or a pretrial137
intervention and diversion program as provided for in Article 4 of Chapter 18 of138
Title 15, or pursuant to Uniform Superior Court Rule 27.139
(b) An elected judge, an appointed judge filling the vacancy of an elected judge, or a judge140
sitting by designation may issue an unsecured judicial release if:141
(1) Such such unsecured judicial release is noted on the release order; and142
(2) The person is not charged with a bail restricted offense.143
(c) Except as provided in subsection (b) of this Code section and in addition to other laws144
regarding the release of an accused person, the judge of any court having jurisdiction over145
a person charged with committing an offense against the criminal laws of this state shall146 23 LC 44 2222
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have authority, in his or her sound discretion and in appropriate cases, to authorize the
147
release of the person on an unsecured judicial release only.148
(d) Upon the failure of a person released on an unsecured judicial release to appear for149
trial, if the release is not otherwise conditioned by the court, absent a finding of sufficient150
excuse to appear, the court shall summarily issue an order for his or her arrest which shall151
be enforced as in cases of forfeited bonds.152
(e) No person charged with a bail restricted offense shall be eligible for release by any
153
judge on an unsecured judicial release. Such persons charged with a bail restricted offense154
shall only be eligible for release through the use of secured means as provided in Code155
Sections 17-6-4 and 17-6-5, professional bondsmen as provided in Code Section 17-6-50,156
or property as approved by the sheriff in the county where the offense was committed.157
(f) No person sentenced pursuant to subsection (b) or (c) of Code Section 17-10-7 shall be158
eligible for release by any judge on an unsecured judicial release. Such persons shall only159
be eligible for release through the use of secured means as provided in Code Sections160
17-6-4 and 17-6-5, professional bondsmen as provided in Code Section 17-6-50, or161
property as approved by the sheriff in the county where the offense was committed.162
(g) Any person arrested for any offense who has previously been arrested for any felony163
within the preceding seven years shall not be eligible for release by any judge on an164
unsecured judicial release. Such person shall only be eligible for release through the use165
of secured means as provided in Code Sections 17-6-4 and 17-6-5, professional bondsmen166
as provided in Code Section 17-6-50, or property as approved by the sheriff in the county167
where the offense was committed."168
SECTION 4.169
Said chapter is further amended in Code Section 17-6-31, relating to surrender of principal170
by surety, forfeiture of bond, and death of principal, by revising subsections (a), (d), and (e)171
as follows:172 23 LC 44 2222
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"(a) When the court is not in session, a surety on a bond may surrender the surety's
173
principal to the sheriff or to the responsible law enforcement officer of the jurisdiction in174
which the case is pending in order to be released from liability. If the sheriff or the
175
responsible law enforcement officer of the jurisdiction refuses such surrender, the surety176
shall be released from liability."177
"(d)(1) Furthermore, the surety shall be released from liability if, prior to entry of178
judgment, there is:179
(A) A deferred sentence;180
(B) A presentence investigation;181
(C) A court ordered Entry into a pretrial intervention program;182
(D) A court ordered Entry into an educational and rehabilitation program;183
(E) A fine;184
(F) A dead docket; or185
(G) Death of the principal;186
(H) Participation in an accountability court;187
(I) Entry into a pretrial release program; or188
(J) Entry into an electronic pretrial release or monitoring program.189
(2) Furthermore, the surety may shall be released from liability at the discretion of the190
court if:191
(A) The the principal used a false name when he or she was bound over and committed192
to jail or a correctional institution and was subsequently released from such facility193
unless the surety knew or should have known had reason to know that the principal194
used a false name; and195
(B) The surety shows to the satisfaction of the court that he or she acted with due196
diligence and used all practical means to secure the attendance of the principal before197
the court.198 23 LC 44 2222
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(e) If the prosecuting attorney does not try the charges against a defendant within a period
199
of two years in the case of felonies and one year in the case of misdemeanors after the date200
of posting bond, then judgment rendered after such period may not be enforced against the
201
surety on the bond and the surety shall thereafter be relieved of liability on the bond. This202
subsection shall not apply where the prosecuting attorney's failure to try the charges is due203
to the fault of the principal."204
SECTION 5.205
Said chapter is further amended in Code Section 17-6-54, relating to no further compensation206
after becoming surety, when sum received to be returned to defendant, and right to surrender207
defendant and to keep sum paid when defendant forfeits, by revising subsection (a) as208
follows:209
"(a) No professional bondsman or his or her agents or employees who receive210
compensation for becoming the surety on a criminal bond shall thereafter receive any other211
sum in the case. If the surety surrenders a defendant into the custody of the court, the212
sheriff, or another law enforcement officer in the jurisdiction where the bond was made213
before final disposition of the case, the surety is required to return to the principal the214
compensation received for signing the bond as surety if such surrender of the defendant is215
for reasons other than:216
(1) The defendant's arrest for a crime other than a traffic violation or misdemeanor local217
ordinance violation;218
(2) The defendant's cosigner attests in writing the desire to be released from the bond;219
(3) The defendant fails to provide to the court and the surety the defendant's change of220
address;221
(4) The defendant fails to pay any fee due to the surety after being notified by certified222
mail or statutory overnight delivery that the same is past due;223 23 LC 44 2222
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(5) The defendant fails to notify the court and the surety upon leaving the jurisdiction of224
the court; or225
(6) The defendant provides false information to the surety."226
SECTION 6.227
Said chapter is further amended in Code Section 17-6-56.1, relating to continuing education228
programs for bail recovery agents, fee, annual requirement, and certificate of completion, by229
revising subsection (b) as follows:230
"(b) The fee for continuing education programs for bail recovery agents shall not exceed231
$125.00 $250.00 annually."232
SECTION 7.233
Said chapter is further amended by revising Code Section 17-6-57, relating to bail recovery234
agents, notification to local police, out-of-state agents, and identification card, as follows:235
"17-6-57.236
(a) Any bail recovery agent who enters any local police jurisdiction in pursuit of and for237
the purpose of apprehending the principal on a bail bond or capturing a fugitive or238
engaging in surveillance of such principal or fugitive shall, prior to taking any action in his239
or her capacity as a bail recovery agent in that local police jurisdiction, notify by facsimile240
transmission or telephone the sheriff and police chief of the local police jurisdiction in241
which the surveillance, apprehension, or capture is to take place unless it is to take place242
in public.243
(b) An out-of-state bail recovery agent shall submit proof to the sheriff or police chief that244
he or she is qualified to be a bail recovery agent under the requirements of his or her home245
state. An out-of-state bail recovery agent shall deliver a certified copy of the bail bond or246
of the forfeiture or failure to appear to the sheriff or chief of police. Such out-of-state bail247
recovery agent, if not qualified in his or her home state or if his or her home state does not248 23 LC 44 2222
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require bail recovery agents to be qualified, shall employ a Georgia bail recovery agent
249
who is lawfully registered pursuant to this part.250
(c) Each professional bondsman shall issue a uniform identification card to each bail
251
recovery agent registered by the professional bondsman which identification card shall252
include the bail recovery agent's name, height, weight, address, photograph, and signature.253
The identification card shall also include the signature of the professional bondsman who254
has registered the bail recovery agent as required in subsection (c) of Code255
Section 17-6-56. A bail recovery agent shall be required to carry such identification card256
while acting in the capacity as a bail recovery agent."257
SECTION 8.258
Said chapter is further amended in Code Section 17-6-70, relating to when forfeiture occurs,259
by revising subsection (b) as follows:260
"(b) An appearance bond shall not be forfeited unless the clerk of the court gave the surety261
at least 72 hours' written notice, exclusive of Saturdays, Sundays, and legal holidays, before262
the time of the required appearance of the principal. Notice shall not be necessary if the263
time for appearance is within 72 hours from the time of arrest, provided the time for264
appearance is stated on the bond, or where the principal is given actual notice in open265
court."266
SECTION 9.267
Said chapter is further amended by revising Code Section 17-6-71, relating to execution268
hearing on failure of principal to appear, as follows:269
"17-6-71.270
(a) The judge shall, at the end of the court day, upon the failure of the principal to appear,271
forfeit the bond, issue a bench warrant for the principal's arrest, and order an execution272
hearing not sooner than 120 days but not later than 150 days after such failure to appear.273 23 LC 44 2222
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Notice of the execution hearing shall be served by the clerk of the court in which the bond274
forfeiture occurred within ten days of such failure to appear by certified mail or by275
electronic means as provided in Code Section 17-6-50 to the surety at the address listed on276
the bond or by personal service to the surety within ten days of such failure to appear at its277
home office or to its designated registered agent. Service shall be considered complete278
upon the mailing of such certified notice. Such ten-day notice shall be adhered to strictly.279
If notice of the execution hearing is not served as specified in this subsection, the surety280
shall be relieved of liability on the appearance bond The judge shall, at the end of the court281
day, upon the failure of the principal to appear, forfeit the bond and issue a bench warrant282
for the principal's arrest. If the forfeiture and bench warrant are not issued and signed on283
the day of the failure to appear, the surety shall be relieved of liability on the appearance284
bond. Upon forfeiting the bond, the judge shall order an execution hearing not sooner285
than 150 days but not later than 180 days after such failure to appear. If the execution286
hearing is not ordered as specified in this subsection, the surety shall be relieved of liability287
on the appearance bond. Notice of the execution hearing and a copy of the bench warrant288
shall be served by the clerk of the court in which the bond forfeiture occurred within ten289
days of such failure to appear by certified mail, return receipt requested, or by electronic290
means as provided in Code Section 17-6-50 to the surety at the address listed on the bond291
or by personal service to the surety within ten days of such failure to appear at its home292
office or to its designated registered agent. Service shall be considered complete upon the293
mailing of such certified notice. Such ten-day notice shall be adhered to strictly. If notice294
of the execution hearing and bench warrant are not served as specified in this subsection,295
the surety shall be relieved of liability on the appearance bond.296
(b) If at the execution hearing it is determined that judgment should be entered, the judge297
shall so order and a writ of fieri facias shall be filed in the office of the clerk of the court298
where such judgment is entered. Notice of the judgment shall be served by the clerk of the299
court in which entry of judgment occurred within ten days of such entry by certified mail,300 23 LC 44 2222
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return receipt requested, or by electronic means as provided in Code Section 17-6-50 to the301
surety at the address listed on the bond or by personal service to the surety within ten days302
of such entry of judgment at its home office or to its designated registered agent. Service303
shall be considered complete upon the mailing of such certified notice. Such ten-day notice304
shall be adhered to strictly. If the notice of the judgment is not served in the time frame as305
specified in this subsection, the surety shall be relieved of liability on the appearance bond,306
the judgment shall be marked satisfied, and the writ of fieri facias shall be canceled. The307
provisions of this subsection shall apply to all bail bonds, whether returnable to superior308
court, state court, probate court, magistrate court, or municipal court."309
SECTION 10.310
Said chapter is further amended in Code Section 17-6-72, relating to conditions not311
warranting forfeiture of bond for failure to appear and remission of forfeiture, by revising312
subsections (b), (c), (d), and (e) as follows:313
"(b) No judgment shall be rendered on a forfeiture of any appearance bond if it is shown314
to the satisfaction of the court that the principal on the bond was prevented from attending315
because he or she was detained by reason of arrest, sentence, or confinement in a penal316
institution or jail in the State of Georgia, or so detained in another jurisdiction, or because317
he or she was involuntarily confined or detained pursuant to court order in a mental318
institution in the State of Georgia or in another jurisdiction. An official written Written319
notice of the holding institution in which the principal is being detained or confined shall320
be considered proof of the principal's detention or confinement. Such notice may be sent321
from the holding institution by mail or e-mail or delivered by hand or by facsimile322
machine. Upon the presentation of such written notice to the clerk of the proper court, the323
prosecuting attorney, and the sheriff or other law enforcement officer having jurisdiction324
over the case, along with a letter of intent to pay all costs of returning the principal to the325
jurisdiction of the court, such notice and letter shall serve as the surety's request for a326 23 LC 44 2222
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detainer or hold to be placed on the principal. Should there be a failure to place a detainer
327
or hold within ten business days of the surety's service of a detainer or hold request, and328
after such presentation of such notice and letter of intent to pay costs, the surety shall then329
be relieved of the liability for the appearance bond without further order of the court.330
(c) No judgment shall be rendered on a forfeiture of any appearance bond if it is shown to
331
the satisfaction of the court that prior to the entry of the judgment on the forfeiture the332
principal on the bond is in the custody of the sheriff or other responsible law enforcement333
agency. An official written Written notice of the holding institution in which the principal334
is being detained or confined shall be considered proof of the principal's detention or335
confinement. Such notice may be sent from the holding institution by mail or e-mail or336
delivered by hand or by facsimile machine. Upon presentation of such written notice to the337
clerk of the proper court, the prosecuting attorney, and the sheriff or other law enforcement338
officer having jurisdiction over the case along with a letter of intent to pay all costs of339
returning the principal to the jurisdiction of the court, such notice and letter shall serve as340
the surety's request for a detainer or hold to be placed against the principal. Should there341
be a failure to place a detainer or hold within ten business days of the surety's service of342
a detainer or hold request, and after presentation of such notice and letter of intent to pay343
costs, the surety shall then be relieved of the liability for the appearance bond without344
further order of the court."345
"(d) In cases in which subsection (e) of this Code section is not applicable, the court shall346
order remission under the following conditions:347
(1) Provided the bond amount has been paid within 120 150 days after entry of the348
judgment and the delay has not prevented prosecution of the principal and upon349
application filed within 120 150 days from the payment of judgment with prior notice to350
the prosecuting attorney of such application, said court shall direct remission of 95351
percent of the bond amount remitted to the surety if the principal is produced,352
surrendered, or otherwise appears before the court that has jurisdiction of the bond or if353 23 LC 44 2222
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the surety provides proof of the principal's incarceration or confinement in another354
jurisdiction, proof of the principal's death, or proof that surrender of the principal was355
denied by the sheriff or other responsible law enforcement officer within such 120 150356
day period following payment of the judgment;357
(2) Provided the bond amount has been paid within 120 150 days after the entry of358
judgment and the delay has not prevented prosecution of the principal, should the surety,359
within two years of the principal's failure to appear, locate the principal in the custody of360
the sheriff in the jurisdiction where the bond was made or in another jurisdiction causing361
the return of the principal to the jurisdiction where the bond was made, apprehend,362
surrender, or produce the principal, if the apprehension or surrender of the principal is363
substantially procured or caused by the surety, or if the location of the principal by the364
surety causes the adjudication of the principal in the jurisdiction in which the bond was365
made, the surety shall be entitled to a refund of 50 percent of the bond amount. The366
application for 50 percent remission shall be filed no later than 30 days following the367
expiration of the two-year period following the date of judgment upon application filed368
within 60 days following the expiration of the two-year period following the date of369
judgment with prior notice to the prosecuting attorney of such application, said court shall370
direct remission of 50 percent of the bond amount remitted to the surety if the principal371
is produced, surrendered, or otherwise appears before the court that has jurisdiction of the372
bond or if the surety provides proof of the principal's incarceration or confinement in373
another jurisdiction, proof of the principal's death, or proof that surrender of principal was374
denied by the sheriff or other responsible law enforcement officer within such two-year375
period following payment of the judgment; or376
(3) Remission One hundred percent remission shall be granted upon condition of the377
payment of court costs and of the expenses of returning the principal to the jurisdiction378
by the surety.379 23 LC 44 2222
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(e)(1) If, within 120 150 days from entry of the judgment, the surety surrenders the380
principal to the sheriff or responsible law enforcement officer, or said surrender has been381
denied by the sheriff or responsible law enforcement officer, or the surety locates the382
principal in custody in another jurisdiction, the surety shall only be required to pay costs383
and 5 percent of the face amount of the bond, which amount includes all surcharges. If384
it is shown to the satisfaction of the court, by the presentation of competent evidence385
from the sheriff or the holding institution, that said surrender has been made or denied or386
that the principal is in custody in another jurisdiction or that said surrender has been made387
and that 5 percent of the face amount of the bond and all costs have been tendered to the388
sheriff, the court shall direct that the judgment be marked satisfied and that the writ of389
fieri facias be canceled.390
(2)(A) The court shall direct that the judgment be marked satisfied and that the writ of391
fieri facias be canceled, if within 120 150 days from entry of the judgment, the surety:392
(i) Tenders an amount equal to 5 percent of the face amount of the bond and all costs393
to the sheriff; and394
(ii) Provides, in writing, the court and the prosecuting attorney for the court that has395
jurisdiction of the bond with competent evidence giving probable cause to believe that396
the principal is located in another jurisdiction within the United States and states that397
it will provide for the reasonable remuneration for the rendition of the principal, as398
estimated by the sheriff; and399
(B) The prosecuting attorney for the court that has jurisdiction of the bond:400
(i) Declines, in writing, to authorize or facilitate extradition; or401
(ii) Within ten business days of the notice provided pursuant to division (2)(A)(ii) of402
this subsection, fails to enter the appropriate extradition approval code into the403
computerized files maintained by the Federal Bureau of Investigation National Crime404
Information Center, thereby indicating an unwillingness to extradite the principal."405 23 LC 44 2222
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SECTION 11.
406
Code Section 17-10-6.1 of the Official Code of Georgia Annotated, relating to punishment407
for serious violent offenders and authorization for reduction in mandatory minimum408
sentencing, is amended by revising subsection (a) as follows:409
"(a) As used in this Code section, the term 'serious violent felony' means:410
(1) Murder or felony murder, as defined in Code Section 16-5-1;411
(2) Armed robbery, as defined in Code Section 16-8-41;412
(3) Kidnapping, as defined in Code Section 16-5-40;413
(4) Rape, as defined in Code Section 16-6-1;414
(5) Aggravated child molestation, as defined in subsection (c) of Code Section 16-6-4,415
unless subject to the provisions of paragraph (2) of subsection (d) of Code Section416
16-6-4;417
(6) Aggravated sodomy, as defined in Code Section 16-6-2; or
418
(7) Aggravated sexual battery, as defined in Code Section 16-6-22.2; or419
(8) Domestic terrorism, as defined in Code Section 16-11-220."420
SECTION 12.421
All laws and parts of laws in conflict with this Act are repealed.422