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The House Committee on Judiciary Non-Civil offers the following substitute to SB 63:
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds1
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 revise when forfeiture5
of bonds occurs; to revise procedures relating to execution hearings; to revise procedures for6
judgments on forfeitures and remission of bond funds; to revise definitions; to provide for7
related matters; to repeal conflicting laws; and for other purposes.8
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
SECTION 1.10
Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and11
recognizances, is amended in Code Section 17-6-1, relating to when offenses bailable,12
procedure, schedule of bails, and appeal bonds, by revising paragraph (4) of subsection (e),13
paragraph (1) of subsection (f), and subsection (i) as follows:14
"(4) A bond set for any offense by an elected judge, an appointed judge filling the15
vacancy of an elected judge, or a judge sitting by designation that purports a dollar16 23 LC 48 0962S
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amount shall be executed in the full-face amount of such bond through secured means as17
provided for in Code Section 17-6-4 or 17-6-50 or shall be executed by use of property18
as approved by the sheriff in the county where the offense was committed."19
"(f)(1) Except as provided in subsection (a) of this Code section or as otherwise provided20
in this subsection, the judge of any court of inquiry may by written order establish a21
schedule of bails, inclusive of offenses that are violations of local ordinances, and unless22
otherwise ordered by the judge of any court, an accused shall be released from custody23
upon posting bail as fixed in the schedule; provided, however, that no bail schedule, local24
standing order, official policy, or local ordinance shall mandate releasing an accused on25
unsecured judicial release as defined in Code Section 17-6-12 prior to the accused26
appearing before a judge of any court of inquiry. Nothing in this paragraph shall prohibit27
unsecured judicial release for any person charged under any provision of local or state28
law not providing for a sentence of confinement in a penal institution or state, county, or29
local jail."30
"(i) As used in this Code section, the term 'bail' shall only include the release of a person31
on an unsecured judicial release, except as limited by Code Section 17-6-12 by the use of32
secured means as provided in Code Sections 17-6-4 and 17-6-5, professional bondsmen as33
provided in Code Section 17-6-50, or property as approved by the sheriff in the county34
where the offense was committed."35
SECTION 2.36
Said chapter is further amended in Code Section 17-6-2, relating to acceptance of bail in37
misdemeanor cases and posting driver’s license as collateral for bail, by revising subsection38
(b) as follows:39
"(b) In all other misdemeanor cases, sheriffs and constables shall accept bail in such40
reasonable sufficient amount as may be just and fair for any person or persons charged with41
a misdemeanor, provided that the sureties tendered and offered on the bond are shall only42 23 LC 48 0962S
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include the release of a person by the use of secured means as provided in Code43
Sections 17-6-4 and 17-6-5, professional bondsmen as provided in Code Section 17-6-50,44
or property as approved by the sheriff in the county where the offense was committed."45
SECTION 3.46
Said chapter is further amended by revising Code Section 17-6-12, relating to unsecured47
judicial release, requirement, and effect of failure of person charged to appear for trial, as48
follows:49
"17-6-12.50
(a) As used in this Code section, the term:51
(1) 'Bail restricted offense' means the person is charged with an offense of:52
(A) An offense of:53
(i)(A) Murder or felony murder, as defined in Code Section 16-5-1;54
(ii)(B) Armed robbery, as defined in Code Section 16-8-41;55
(iii)(C) Kidnapping, as defined in Code Section 16-5-40;56
(iv)(D) Rape, as defined in Code Section 16-6-1;57
(v)(E) Aggravated child molestation, as defined in subsection (c) of Code58
Section 16-6-4, unless subject to the provisions of paragraph (2) of subsection (d) of59
Code Section 16-6-4;60
(vi)(F) Aggravated sodomy, as defined in Code Section 16-6-2; or61
(vii)(G) Aggravated sexual battery, as defined in Code Section 16-6-22.2;62
(B) A felony offense of:63
(i)(H) Aggravated assault;64
(ii)(I) Aggravated battery;65
(iii)(J) Hijacking a motor vehicle in the first degree;66
(iv)(K) Aggravated stalking;67
(v)(L) Child molestation;68 23 LC 48 0962S
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(vi)(M) Enticing a child for indecent purposes;69
(vii)(N) Pimping;70
(viii)(O) Robbery;71
(viii.1)(P) Burglary;72
(ix)(Q) Bail jumping;73
(x)(R) Escape;74
(xi)(S) Possession of a firearm or knife during the commission of or attempt to commit75
certain crimes;76
(xii)(T) Possession of firearms by convicted felons and first offender probationers;77
(xiii)(U) Trafficking in cocaine, illegal drugs, marijuana, or methamphetamine;78
(xiv)(V) Participating in criminal street gang activity, in violation of Code79
Section 16-15-4;80
(xv)(W) Habitual violator;81
(xvi)(X) Driving under the influence of alcohol, drugs, or other intoxicating82
substances;83
(xvii)(Y) Entering an automobile or other mobile vehicle with intent to commit theft84
or felony, as defined in Code Section 16-8-18; or85
(xviii)(Z) Stalking; or86
(C) A misdemeanor offense of:87
(i)(AA) Crimes involving family violence, as defined in Code Section 19-13-1; or88
(ii) Stalking.89
(BB) Reckless stunt driving, as described in Code Section 40-6-390.1, provided that90
such offense is the person's second or subsequent offense;91
(CC) Promoting or organizing an exhibition of drag races or laying drags, as described92
in Code Section 16-11-43.1;93
(DD) Laying drags, as defined in Code Section 40-6-251;94 23 LC 48 0962S
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(EE) Reckless driving, as described in Code Section 40-6-390, provided that such95
offense is the person's second or subsequent offense;96
(FF) Fleeing or attempting to elude a police officer, as described in Code97
Section 40-6-395;98
(GG) Obstruction of a law enforcement officer, as described in Code Section 16-10-29;99
(HH) Criminal trespass, as described in Code Section 16-7-21, provided that such100
offense is the person's second or subsequent offense;101
(II) Theft by taking, as described in Code Section 16-8-2, provided that such offense102
is the person's second or subsequent offense;103
(JJ) Theft by deception, as described in Code Section 16-8-3;104
(KK) Theft by extortion, as described in Code Section 16-8-16;105
(LL) Destruction, removal, concealment, encumbrance, or transfer of property subject106
to security interest, as described in Code Section 16-9-51;107
(MM) Bribery, as described in Code Section 16-10-2;108
(NN) Purchase, possession, manufacture, distribution, or sale of controlled substances109
or marijuana, as described in Code Section 16-13-30;110
(OO) Forgery, as described in Code Section 16-9-1;111
(PP) Exploitation and intimidation of disabled adults, elder persons, and residents or112
obstruction of an investigation, as described in Code Section 16-5-102;113
(QQ) Battery, as described in Code Section 16-5-23.1;114
(RR) Voluntary manslaughter, as described in Code Section 16-5-2;115
(SS) Cruelty to animals, as described in Code Section 16-12-4;116
(TT) Violation of oath by a public officer, as described in Code Section 16-10-1;117
(UU) Financial transaction card fraud, as described in Code Section 16-9-33;118
(VV) Financial transaction card theft, as described in Code Section 16-9-31;119
(WW) Identity fraud, as described in Code Section 16-9-121;120
(XX) Racketeering and conspiracy, as described in Code Section 16-14-4;121 23 LC 48 0962S
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(YY) Trafficking of persons for labor or sexual servitude, as described in Code122
Section 16-5-46;123
(ZZ) Failure to appear, as described in Code Section 40-13-63, provided that such124
offense is the person's second or subsequent offense;125
(AAA) Domestic terrorism, as described in Code Section 16-11-221;126
(BBB) Riot, as described in Code Section 16-11-30;127
(CCC) Inciting to riot, as described in Code Section 16-11-31;128
(DDD) Unlawful assembly, as described in Code Section 16-11-33; or129
(EEE) Possession of tools for commission of a crime, as described in Code130
Section 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
have authority, in his or her sound discretion and in appropriate cases, to authorize the147
release of the person on an unsecured judicial release only.148 23 LC 48 0962S
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(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 any153
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 convicted 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) and (d) as171
follows:172
"(a) When the court is not in session, a surety on a bond may surrender the surety's173
principal to the sheriff or to the responsible law enforcement officer of the jurisdiction in174 23 LC 48 0962S
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which the case is pending in order to be released from liability. If the sheriff or the175
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 and diversion 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; or187
(I) Entry into a pretrial release program.188
(2) Furthermore, the surety may shall be released from liability at the discretion of the189
court if:190
(A) The the principal used a false name when he or she was bound over and committed191
to jail or a correctional institution and was subsequently released from such facility192
unless the surety knew or should have known had reason to know that the principal193
used a false name; and194
(B) The surety shows to the satisfaction of the court that he or she acted with due195
diligence and used all practical means to secure the attendance of the principal before196
the court."197
SECTION 5.198
Said chapter is further amended in Code Section 17-6-54, relating to no further compensation199
after becoming surety, when sum received to be returned to defendant, and right to surrender200 23 LC 48 0962S
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defendant and to keep sum paid when defendant forfeits, by revising subsection (a) as201
follows:202
"(a) No professional bondsman or his or her agents or employees who receive203
compensation for becoming the surety on a criminal bond shall thereafter receive any other204
sum in the case as compensation. If the surety surrenders a defendant into the custody of205
the court, the sheriff, or another law enforcement officer in the jurisdiction where the bond206
was made before final disposition of the case, the surety is required to return to the207
principal the compensation received for signing the bond as surety if such surrender of the208
defendant is for reasons other than:209
(1) The defendant's arrest for a crime other than a traffic violation or misdemeanor local210
ordinance violation;211
(2) The defendant's cosigner attests in writing the desire to be released from the bond;212
(3) The defendant fails to provide to the court and the surety the defendant's change of213
address;214
(4) The defendant fails to pay any fee due to the surety after being notified by certified215
mail or statutory overnight delivery that the same is past due;216
(5) The defendant fails to notify the court and the surety upon leaving the jurisdiction of217
the court; or218
(6) The defendant provides false information to the surety."219
SECTION 6.220
Said chapter is further amended in Code Section 17-6-56.1, relating to continuing education221
programs for bail recovery agents, fee, annual requirement, and certificate of completion, by222
revising subsection (b) as follows:223
"(b) The fee for continuing education programs for bail recovery agents shall not exceed224
$125.00 $250.00 annually."225 23 LC 48 0962S
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SECTION 7.226
Said chapter is further amended in Code Section 17-6-70, relating to when forfeiture occurs,227
by revising subsection (b) as follows:228
"(b) An appearance bond shall not be forfeited unless the clerk of the court gave the surety229
at least 72 hours' written notice, exclusive of Saturdays, Sundays, and legal holidays, before230
the time of the required appearance of the principal. Notice shall not be necessary if the231
time for appearance is within 72 hours from the time of arrest, provided the time for232
appearance is stated on the bond, or where the principal is given actual notice in open233
court."234
SECTION 8.235
Said chapter is further amended by revising Code Section 17-6-71, relating to execution236
hearing on failure of principal to appear, as follows:237
"17-6-71.238
(a) The judge shall, at the end of the court day, upon the failure of the principal to appear,239
forfeit the bond, issue a bench warrant for the principal's arrest, and order an execution240
hearing not sooner than 120 days but not later than 150 days after such failure to appear.241
Notice of the execution hearing shall be served by the clerk of the court in which the bond242
forfeiture occurred within ten days of such failure to appear by certified mail or by243
electronic means as provided in Code Section 17-6-50 to the surety at the address listed on244
the bond or by personal service to the surety within ten days of such failure to appear at its245
home office or to its designated registered agent. Service shall be considered complete246
upon the mailing of such certified notice. Such ten-day notice shall be adhered to strictly.247
If notice of the execution hearing is not served as specified in this subsection, the surety248
shall be relieved of liability on the appearance bond The judge shall, at the end of the court249
day, upon the failure of the principal to appear, forfeit the bond and issue a bench warrant250
for the principal's arrest. If the forfeiture and bench warrant are not issued and signed251 23 LC 48 0962S
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within ten days of the failure to appear, the surety shall be relieved of liability on the252
appearance bond. Upon forfeiting the bond, the judge shall order an execution hearing not253
sooner than 150 days but not later than 180 days after such failure to appear. If the254
execution hearing is not ordered as specified in this subsection, the surety shall be relieved255
of liability on the appearance bond. Notice of the execution hearing and a copy of the256
bench warrant shall be served by the clerk of the court in which the bond forfeiture257
occurred within ten days of such failure to appear by certified mail, return receipt258
requested, or by electronic means as provided in Code Section 17-6-50 to the surety at the259
address listed on the bond or by personal service to the surety within ten days of such260
failure to appear at its home office or to its designated registered agent. Service shall be261
considered complete upon the mailing of such certified notice. Such ten-day notice shall262
be adhered to strictly. If notice of the execution hearing and bench warrant are not served263
as specified in this subsection, the surety shall be relieved of liability on the appearance264
bond.265
(b) If at the execution hearing it is determined that judgment should be entered, the judge266
shall so order and a writ of fieri facias shall be filed in the office of the clerk of the court267
where such judgment is entered. Notice of the judgment shall be served by the clerk of the268
court in which entry of judgment occurred within ten days of such entry by certified mail,269
return receipt requested, or by electronic means as provided in Code Section 17-6-50 to the270
surety at the address listed on the bond or by personal service to the surety within ten days271
of such entry of judgment at its home office or to its designated registered agent. Service272
shall be considered complete upon the mailing of such certified notice. Such ten-day notice273
shall be adhered to strictly. If the notice of the judgment is not served in the time frame as274
specified in this subsection, the surety shall be relieved of liability on the appearance bond,275
the judgment shall be marked satisfied, and the writ of fieri facias shall be canceled. The276
provisions of this subsection shall apply to all bail bonds, whether returnable to superior277
court, state court, probate court, magistrate court, or municipal court."278 23 LC 48 0962S
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SECTION 9.279
Said chapter is further amended in Code Section 17-6-72, relating to conditions not280
warranting forfeiture of bond for failure to appear and remission of forfeiture, by revising281
subsections (b), (c), (d), and (e) as follows:282
"(b) No judgment shall be rendered on a forfeiture of any appearance bond if it is shown283
to the satisfaction of the court that the principal on the bond was prevented from attending284
because he or she was detained by reason of arrest, sentence, or confinement in a penal285
institution or jail in the State of Georgia, or so detained in another jurisdiction, or because286
he or she was involuntarily confined or detained pursuant to court order in a mental287
institution in the State of Georgia or in another jurisdiction. An official written Written288
notice of the holding institution in which the principal is being detained or confined shall289
be considered proof of the principal's detention or confinement. Such notice may be sent290
from the holding institution by mail or e-mail or delivered by hand or by facsimile291
machine. Upon the presentation of such written notice to the clerk of the proper court, the292
prosecuting attorney, and the sheriff or other law enforcement officer having jurisdiction293
over the case, along with a letter of intent to pay all costs of returning the principal to the294
jurisdiction of the court, such notice and letter shall serve as the surety's request for a295
detainer or hold to be placed on the principal. Should there be a failure to place a detainer296
or hold within ten business days of the surety's service of a detainer or hold request, and297
after such presentation of such notice and letter of intent to pay costs, the surety shall then298
be relieved of the liability for the appearance bond without further order of the court.299
(c) No judgment shall be rendered on a forfeiture of any appearance bond if it is shown to300
the satisfaction of the court that prior to the entry of the judgment on the forfeiture the301
principal on the bond is in the custody of the sheriff or other responsible law enforcement302
agency. An official written Written notice of the holding institution in which the principal303
is being detained or confined shall be considered proof of the principal's detention or304
confinement. Such notice may be sent from the holding institution by mail or e-mail or305 23 LC 48 0962S
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delivered by hand or by facsimile machine. Upon presentation of such written notice to the306
clerk of the proper court, the prosecuting attorney, and the sheriff or other law enforcement307
officer having jurisdiction over the case along with a letter of intent to pay all costs of308
returning the principal to the jurisdiction of the court, such notice and letter shall serve as309
the surety's request for a detainer or hold to be placed against the principal. Should there310
be a failure to place a detainer or hold within ten business days of the surety's service of311
a detainer or hold request, and after presentation of such notice and letter of intent to pay312
costs, the surety shall then be relieved of the liability for the appearance bond without313
further order of the court."314
"(d) In cases in which subsection (e) of this Code section is not applicable, the court shall315
order remission under the following conditions:316
(1) Provided the bond amount has been paid within 120 150 days after entry of the317
judgment and the delay has not prevented prosecution of the principal and upon318
application filed within 120 150 days from the payment of judgment with prior notice to319
the prosecuting attorney of such application, said court shall direct remission of 95320
percent of the bond amount remitted to the surety if the principal is produced,321
surrendered, or otherwise appears before the court that has jurisdiction of the bond or if322
the surety provides proof of the principal's incarceration or confinement in another323
jurisdiction, proof of the principal's death, or proof that surrender of the principal was324
denied by the sheriff or other responsible law enforcement officer within such 120 150325
day period following payment of the judgment;326
(2) Provided the bond amount has been paid within 120 150 days after the entry of327
judgment and the delay has not prevented prosecution of the principal, should the surety,328
within two years of the principal's failure to appear, locate the principal in the custody of329
the sheriff in the jurisdiction where the bond was made or in another jurisdiction causing330
the return of the principal to the jurisdiction where the bond was made, apprehend,331
surrender, or produce the principal, if the apprehension or surrender of the principal is332 23 LC 48 0962S
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substantially procured or caused by the surety, or if the location of the principal by the333
surety causes the adjudication of the principal in the jurisdiction in which the bond was334
made, the surety shall be entitled to a refund of 50 percent of the bond amount. The335
application for 50 percent remission shall be filed no later than 30 days following the336
expiration of the two-year period following the date of judgment upon application filed337
within 60 days following the expiration of the two-year period following the date of338
judgment with prior notice to the prosecuting attorney of such application, said court shall339
direct remission of 50 percent of the bond amount remitted to the surety if the principal340
is produced, surrendered, or otherwise appears before the court that has jurisdiction of the341
bond or if the surety provides proof of the principal's incarceration or confinement in342
another jurisdiction, proof of the principal's death, or proof that surrender of principal was343
denied by the sheriff or other responsible law enforcement officer within such two-year344
period following payment of the judgment; or345
(3) Remission One hundred percent remission shall be granted upon condition of the346
payment of court costs and of the expenses of returning the principal to the jurisdiction347
by the surety.348
(e)(1) If, within 120 150 days from entry of the judgment, the surety surrenders the349
principal to the sheriff or responsible law enforcement officer, or said surrender has been350
denied by the sheriff or responsible law enforcement officer, or the surety locates the351
principal in custody in another jurisdiction, the surety shall only be required to pay costs352
and 5 percent of the face amount of the bond, which amount includes all surcharges. If353
it is shown to the satisfaction of the court, by the presentation of competent evidence354
from the sheriff or the holding institution, that said surrender has been made or denied or355
that the principal is in custody in another jurisdiction or that said surrender has been made356
and that 5 percent of the face amount of the bond and all costs have been tendered to the357
sheriff, the court shall direct that the judgment be marked satisfied and that the writ of358
fieri facias be canceled.359 23 LC 48 0962S
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(2)(A) The court shall direct that the judgment be marked satisfied and that the writ of360
fieri facias be canceled, if within 120 150 days from entry of the judgment, the surety:361
(i) Tenders an amount equal to 5 percent of the face amount of the bond and all costs362
to the sheriff; and363
(ii) Provides, in writing, the court and the prosecuting attorney for the court that has364
jurisdiction of the bond with competent evidence giving probable cause to believe that365
the principal is located in another jurisdiction within the United States and states that366
it will provide for the reasonable remuneration for the rendition of the principal, as367
estimated by the sheriff; and368
(B) The prosecuting attorney for the court that has jurisdiction of the bond:369
(i) Declines, in writing, to authorize or facilitate extradition; or370
(ii) Within ten business days of the notice provided pursuant to division (2)(A)(ii) of371
this subsection, fails to enter the appropriate extradition approval code into the372
computerized files maintained by the Federal Bureau of Investigation National Crime373
Information Center, thereby indicating an unwillingness to extradite the principal."374
SECTION 10.375
All laws and parts of laws in conflict with this Act are repealed.376