LC 44 2395S
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The House Committee on Rules 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 procedures for5
judgments on forfeitures and remission of bond funds; to revise definitions; to provide for6
related matters; to repeal conflicting laws; and for other purposes.7
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
SECTION 1.9
Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and10
recognizances, is amended in Code Section 17-6-1, relating to when offenses bailable,11
procedure, schedule of bails, and appeal bonds, by revising paragraph (4) of subsection (e),12
paragraph (1) of subsection (f), and subsection (i) as follows:13
"(4) A bond set for any offense by an elected judge, an appointed judge filling the14
vacancy of an elected judge, or a judge sitting by designation that purports a dollar15
amount shall be executed in the full-face amount of such bond through secured means as16 LC 44 2395S
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provided for in Code Section 17-6-4 or 17-6-50 or shall be executed by use of property17
as approved by the sheriff in the county where the offense was committed."18
"(f)(1) Except as provided in subsection (a) of this Code section or as otherwise provided19
in this subsection, the judge of any court of inquiry may by written order establish a20
schedule of bails and unless otherwise ordered by the judge of any court, an accused shall21
be released from custody upon posting bail as fixed in the schedule; provided, however,22
that no bail schedule, local standing order, or official policy shall mandate releasing an23
accused on unsecured judicial release as defined in Code Section 17-6-12 prior to the24
accused appearing before a judge of any court of inquiry. Nothing in this paragraph shall25
prohibit unsecured judicial release for any person charged under any provision of local26
or state law not providing for a sentence of confinement in a penal institution or state,27
county, or local jail."28
"(i) As used in this Code section, the term 'bail' shall only include the release of a person29
on an unsecured judicial release, except as limited by Code Section 17-6-12 by the use of30
secured means as provided in Code Sections 17-6-4 and 17-6-5, professional bondsmen as31
provided in Code Section 17-6-50, or property as approved by the sheriff in the county32
where the offense was committed."33
SECTION 2.34
Said chapter is further amended in Code Section 17-6-2, relating to acceptance of bail in35
misdemeanor cases and posting driver’s license as collateral for bail, by revising subsection36
(b) as follows:37
"(b) In all other misdemeanor cases, sheriffs and constables shall accept bail in such38
reasonable sufficient amount as may be just and fair for any person or persons charged with39
a misdemeanor, provided that the sureties tendered and offered on the bond are shall only40
include the release of a person by the use of secured means as provided in Code41 LC 44 2395S
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Sections 17-6-4 and 17-6-5, professional bondsmen as provided in Code Section 17-6-50,42
or property as approved by the sheriff in the county where the offense was committed."43
SECTION 3.44
Said chapter is further amended by revising Code Section 17-6-12, relating to unsecured45
judicial release, requirement, and effect of failure of person charged to appear for trial, as46
follows:47
"17-6-12.48
(a) As used in this Code section, the term:49
(1) 'Bail restricted offense' means the person is charged with an offense of:50
(A) An offense of:51
(i)(A) Murder or felony murder, as defined in Code Section 16-5-1;52
(ii)(B) Armed robbery, as defined in Code Section 16-8-41;53
(iii)(C) Kidnapping, as defined in Code Section 16-5-40;54
(iv)(D) Rape, as defined in Code Section 16-6-1;55
(v)(E) Aggravated child molestation, as defined in subsection (c) of Code56
Section 16-6-4, unless subject to the provisions of paragraph (2) of subsection (d) of57
Code Section 16-6-4;58
(vi)(F) Aggravated sodomy, as defined in Code Section 16-6-2; or59
(vii)(G) Aggravated sexual battery, as defined in Code Section 16-6-22.2;60
(B) A felony offense of:61
(i)(H) Aggravated assault;62
(ii)(I) Aggravated battery;63
(iii)(J) Hijacking a motor vehicle in the first degree;64
(iv)(K) Aggravated stalking;65
(v)(L) Child molestation;66
(vi)(M) Enticing a child for indecent purposes;67 LC 44 2395S
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(vii)(N) Pimping;68
(viii)(O) Robbery;69
(viii.1)(P) Burglary;70
(ix)(Q) Bail jumping;71
(x)(R) Escape;72
(xi)(S) Possession of a firearm or knife during the commission of or attempt to commit73
certain crimes;74
(xii)(T) Possession of firearms by convicted felons and first offender probationers;75
(xiii)(U) Trafficking in cocaine, illegal drugs, marijuana, or methamphetamine;76
(xiv)(V) Participating in criminal street gang activity, in violation of Code77
Section 16-15-4;78
(xv)(W) Habitual violator;79
(xvi)(X) Driving under the influence of alcohol, drugs, or other intoxicating80
substances;81
(xvii)(Y) Entering an automobile or other mobile vehicle with intent to commit theft82
or felony, as defined in Code Section 16-8-18; or83
(xviii)(Z) Stalking; or84
(C) A misdemeanor offense of:85
(i)(AA) Crimes involving family violence, as defined in Code Section 19-13-1; or86
(ii) Stalking.87
(BB) Reckless stunt driving, as described in Code Section 40-6-390.1, provided that88
such offense is the person's second or subsequent offense;89
(CC) Promoting or organizing an exhibition of drag races or laying drags, as described90
in Code Section 16-11-43.1;91
(DD) Laying drags, as defined in Code Section 40-6-251;92
(EE) Reckless driving, as described in Code Section 40-6-390, provided that such93
offense is the person's second or subsequent offense;94 LC 44 2395S
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(FF) Fleeing or attempting to elude a police officer, as described in Code95
Section 40-6-395;96
(GG) Obstruction of a law enforcement officer, as described in Code Section 16-10-29;97
(HH) Criminal trespass, as described in Code Section 16-7-21, provided that such98
offense is the person's second or subsequent offense;99
(II) Theft by taking, as described in Code Section 16-8-2, provided that such offense100
is the person's second or subsequent offense;101
(JJ) Theft by deception, as described in Code Section 16-8-3;102
(KK) Theft by extortion, as described in Code Section 16-8-16;103
(LL) Destruction, removal, concealment, encumbrance, or transfer of property subject104
to security interest, as described in Code Section 16-9-51;105
(MM) Bribery, as described in Code Section 16-10-2;106
(NN) Purchase, possession, manufacture, distribution, or sale of controlled substances107
or marijuana, as described in Code Section 16-13-30;108
(OO) Forgery, as described in Code Section 16-9-1;109
(PP) Exploitation and intimidation of disabled adults, elder persons, and residents or110
obstruction of an investigation, as described in Code Section 16-5-102;111
(QQ) Battery, as described in Code Section 16-5-23.1;112
(RR) Voluntary manslaughter, as described in Code Section 16-5-2;113
(SS) Cruelty to animals, as described in Code Section 16-12-4;114
(TT) Violation of oath by a public officer, as described in Code Section 16-10-1;115
(UU) Financial transaction card fraud, as described in Code Section 16-9-33;116
(VV) Financial transaction card theft, as described in Code Section 16-9-31;117
(WW) Identity fraud, as described in Code Section 16-9-121;118
(XX) Racketeering and conspiracy, as described in Code Section 16-14-4;119
(YY) Trafficking of persons for labor or sexual servitude, as described in Code120
Section 16-5-46;121 LC 44 2395S
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(ZZ) Failure to appear, as described in Code Section 40-13-63, provided that such122
offense is the person's second or subsequent offense;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) Unlawful assembly, as described in Code Section 16-11-33; or127
(EEE) Possession of tools for commission of a crime, as described in Code128
Section 16-7-20.129
(2) 'Unsecured judicial release' means any release that does not purport a dollar amount130
through secured means as provided for in Code Section 17-6-4 or 17-6-50 or property as131
approved by the sheriff in the county where the offense was committed and that is:132
(A) On a person's own recognizance; or133
(B) For the purpose of entering a pretrial release program, a pretrial release and134
diversion program as provided for in Article 4 of Chapter 3 of Title 42, or a pretrial135
intervention and diversion program as provided for in Article 4 of Chapter 18 of136
Title 15, or pursuant to Uniform Superior Court Rule 27.137
(b) An elected judge, an appointed judge filling the vacancy of an elected judge, or a judge138
sitting by designation may issue an unsecured judicial release if:139
(1) Such such unsecured judicial release is noted on the release order; and140
(2) The person is not charged with a bail restricted offense.141
(c) Except as provided in subsection (b) of this Code section and in addition to other laws142
regarding the release of an accused person, the judge of any court having jurisdiction over143
a person charged with committing an offense against the criminal laws of this state shall144
have authority, in his or her sound discretion and in appropriate cases, to authorize the145
release of the person on an unsecured judicial release only.146
(d) Upon the failure of a person released on an unsecured judicial release to appear for147
trial, if the release is not otherwise conditioned by the court, absent a finding of sufficient148 LC 44 2395S
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excuse to appear, the court shall summarily issue an order for his or her arrest which shall149
be enforced as in cases of forfeited bonds.150
(e) No person charged with a bail restricted offense shall be eligible for release by any151
judge on an unsecured judicial release. Such persons charged with a bail restricted offense152
shall only be eligible for release through the use of secured means as provided in Code153
Sections 17-6-4 and 17-6-5, professional bondsmen as provided in Code Section 17-6-50,154
or property as approved by the sheriff in the county where the offense was committed.155
(f) No person sentenced pursuant to subsection (b) or (c) of Code Section 17-10-7 shall be156
eligible for release by any judge on an unsecured judicial release. Such persons shall only157
be eligible for release through the use of secured means as provided in Code Sections158
17-6-4 and 17-6-5, professional bondsmen as provided in Code Section 17-6-50, or159
property as approved by the sheriff in the county where the offense was committed.160
(g) Any person arrested for any offense who has previously been convicted for any felony161
within the preceding seven years shall not be eligible for release by any judge on an162
unsecured judicial release. Such person shall only be eligible for release through the use163
of secured means as provided in Code Sections 17-6-4 and 17-6-5, professional bondsmen164
as provided in Code Section 17-6-50, or property as approved by the sheriff in the county165
where the offense was committed."166
SECTION 4.167
Said chapter is further amended in Code Section 17-6-31, relating to surrender of principal168
by surety, forfeiture of bond, and death of principal, by revising subsections (a) and (d) as169
follows:170
"(a) When the court is not in session, a surety on a bond may surrender the surety's171
principal to the sheriff or to the responsible law enforcement officer of the jurisdiction in172
which the case is pending in order to be released from liability. If the sheriff or the173 LC 44 2395S
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responsible law enforcement officer of the jurisdiction refuses such surrender, the surety174
shall be released from liability."175
"(d)(1) Furthermore, the surety shall be released from liability if, prior to entry of176
judgment, there is:177
(A) A deferred sentence;178
(B) A presentence investigation;179
(C) A court ordered Entry into a pretrial intervention and diversion program;180
(D) A court ordered Entry into an educational and rehabilitation program;181
(E) A fine;182
(F) A dead docket; or183
(G) Death of the principal;184
(H) Participation in an accountability court; or185
(I) Entry into a pretrial release program.186
(2) Furthermore, the surety may be released from liability at the discretion of the court187
if:188
(A) The principal used a false name when he or she was bound over and committed to189
jail or a correctional institution and was subsequently released from such facility unless190
the surety knew or should have known that the principal used a false name; and191
(B) The surety shows to the satisfaction of the court that he or she acted with due192
diligence and used all practical means to secure the attendance of the principal before193
the court."194
SECTION 5.195
Said chapter is further amended in Code Section 17-6-56.1, relating to continuing education196
programs for bail recovery agents, fee, annual requirement, and certificate of completion, by197
revising subsection (b) as follows:198 LC 44 2395S
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"(b) The fee for continuing education programs for bail recovery agents shall not exceed199
$125.00 $250.00 annually."200
SECTION 6.201
Said chapter is further amended in Code Section 17-6-72, relating to conditions not202
warranting forfeiture of bond for failure to appear and remission of forfeiture, by revising203
subsections (c.1), (d), and (e) as follows:204
"(c.1) No judgment shall be rendered on a forfeiture of any appearance bond if it is shown205
to the satisfaction of the court that the principal on the bond was prevented from attending206
because he or she was deported or removed from the United States by federal authorities.207
Official documentation from a federal official or agency shall be considered proof of the208
principal's deportation or removal. Such documentation may be delivered by mail or209
e-mail or delivered by hand or by facsimile machine.210
(d) In cases in which subsection (e) of this Code section is not applicable, the court shall211
order remission under the following conditions:212
(1) Provided the bond amount has been paid within 120 150 days after entry of the213
judgment and the delay has not prevented prosecution of the principal and upon214
application filed within 120 150 days from the payment of judgment with prior notice to215
the prosecuting attorney of such application, said court shall direct remission of 95216
percent of the bond amount remitted to the surety if the principal is produced or otherwise217
appears before the court that has jurisdiction of the bond within such 120 150 day period218
following payment of the judgment;219
(2) Provided the bond amount has been paid within 120 150 days after the entry of220
judgment and the delay has not prevented prosecution of the principal, should the surety,221
within two years of the principal's failure to appear, locate the principal in the custody of222
the sheriff in the jurisdiction where the bond was made or in another jurisdiction causing223
the return of the principal to the jurisdiction where the bond was made, apprehend,224 LC 44 2395S
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surrender, or produce the principal, if the apprehension or surrender of the principal is225
substantially procured or caused by the surety, or if the location of the principal by the226
surety causes the adjudication of the principal in the jurisdiction in which the bond was227
made, the surety shall be entitled to a refund of 50 percent of the bond amount. The228
application for 50 percent remission shall be filed no later than 30 days following the229
expiration of the two-year period following the date of judgment; or230
(3) Remission shall be granted upon condition of the payment of court costs and of the231
expenses of returning the principal to the jurisdiction by the surety.232
(e)(1) If, within 120 150 days from entry of the judgment, the surety surrenders the233
principal to the sheriff or responsible law enforcement officer, or said surrender has been234
denied by the sheriff or responsible law enforcement officer, or the surety locates the235
principal in custody in another jurisdiction, the surety shall only be required to pay costs236
and 5 percent of the face amount of the bond, which amount includes all surcharges. If237
it is shown to the satisfaction of the court, by the presentation of competent evidence238
from the sheriff or the holding institution, that said surrender has been made or denied or239
that the principal is in custody in another jurisdiction or that said surrender has been made240
and that 5 percent of the face amount of the bond and all costs have been tendered to the241
sheriff, the court shall direct that the judgment be marked satisfied and that the writ of242
fieri facias be canceled.243
(2)(A) The court shall direct that the judgment be marked satisfied and that the writ of244
fieri facias be canceled, if within 120 150 days from entry of the judgment, the surety:245
(i) Tenders an amount equal to 5 percent of the face amount of the bond and all costs246
to the sheriff; and247
(ii) Provides, in writing, the court and the prosecuting attorney for the court that has248
jurisdiction of the bond with competent evidence giving probable cause to believe that249
the principal is located in another jurisdiction within the United States and states that250 LC 44 2395S
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it will provide for the reasonable remuneration for the rendition of the principal, as251
estimated by the sheriff; and252
(B) The prosecuting attorney for the court that has jurisdiction of the bond:253
(i) Declines, in writing, to authorize or facilitate extradition; or254
(ii) Within ten business days of the notice provided pursuant to division (2)(A)(ii) of255
this subsection, fails to enter the appropriate extradition approval code into the256
computerized files maintained by the Federal Bureau of Investigation National Crime257
Information Center, thereby indicating an unwillingness to extradite the principal."258
SECTION 7.259
All laws and parts of laws in conflict with this Act are repealed.260