24 SB 63/AP
Senate Bill 63
By: Senators Robertson of the 29th, Gooch of the 51st, Brass of the 28th, Anavitarte of the
31st, Kennedy of the 18th and others
AS PASSED
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
provide for limitations regarding charitable bail funds; to revise surety liability; to provide4
for return of compensation by surety to principal; to change the fee for continuing education5
programs for bail recovery agents; to revise when forfeiture of bonds occurs; to revise6
procedures relating to execution hearings; to revise procedures for judgments on forfeitures7
and remission of bond funds; to revise definitions; to provide for related matters; to repeal8
conflicting laws; and for other purposes.9
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10
SECTION 1.11
Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and12
recognizances, is amended in Code Section 17-6-1, relating to when offenses bailable,13
procedure, schedule of bails, and appeal bonds, by revising paragraph (4) of subsection (e),14
paragraph (1) of subsection (f), and subsection (i) as follows:15
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"(4) A bond set for any offense by an elected judge, an appointed judge filling the16
vacancy of an elected judge, or a judge sitting by designation that purports a dollar17
amount shall be executed in the full-face amount of such bond through secured means as18
provided for in Code Section 17-6-4 or 17-6-50 or shall be executed by use of property19
as approved by the sheriff in the county where the offense was committed."20
"(f)(1) Except as provided in subsection (a) of this Code section or as otherwise provided21
in this subsection, the judge of any court of inquiry may by written order establish a22
schedule of bails, inclusive of offenses that are violations of local ordinances, and unless23
otherwise ordered by the judge of any court, an accused shall be released from custody24
upon posting bail as fixed in the schedule; provided, however, that no bail schedule, local25
standing order, official policy, or local ordinance shall mandate releasing an accused on26
unsecured judicial release as defined in Code Section 17-6-12 prior to the accused27
appearing before a judge of any court of inquiry. Nothing in this paragraph shall prohibit28
unsecured judicial release for any person charged under any provision of local or state29
law not providing for a sentence of confinement in a penal institution or state, county, or30
local jail."31
"(i) As used in this Code section, the term 'bail' shall only include the release of a person32
on an unsecured judicial release, except as limited by Code Section 17-6-12 by the use of33
secured means as provided in Code Sections 17-6-4 and 17-6-5, professional bondsmen as34
provided in Code Section 17-6-50, or property as approved by the sheriff in the county35
where the offense was committed."36
SECTION 2.37
Said chapter is further amended in Code Section 17-6-2, relating to acceptance of bail in38
misdemeanor cases and posting driver's license as collateral for bail, by revising subsection39
(b) as follows:40
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"(b) In all other misdemeanor cases, sheriffs and constables shall accept bail in such
41
reasonable
sufficient amount as may be just and fair for any person or persons charged with42
a misdemeanor, provided that the sureties tendered and offered on the bond are shall only43
include the release of a person by the use of secured means as provided in Code44
Sections 17-6-4 and 17-6-5, professional bondsmen as provided in Code Section 17-6-50,45
or property as approved by the sheriff in the county where the offense was committed."46
SECTION 3.47
Said chapter is further amended by revising Code Section 17-6-12, relating to unsecured48
judicial release, requirement, and effect of failure of person charged to appear for trial, as49
follows:50
"17-6-12.51
(a) As used in this Code section, the term:52
(1) 'Bail restricted offense' means the person is charged with an offense of:53
(A) An offense of:54
(i)(A) Murder or felony murder, as defined in Code Section 16-5-1;55
(ii)(B) Armed robbery, as defined in Code Section 16-8-41;56
(iii)(C) Kidnapping, as defined in Code Section 16-5-40;57
(iv)(D) Rape, as defined in Code Section 16-6-1;58
(v)(E) Aggravated child molestation, as defined in subsection (c) of Code59
Section 16-6-4, unless subject to the provisions of paragraph (2) of subsection (d) of60
Code Section 16-6-4;61
(vi)(F) Aggravated sodomy, as defined in Code Section 16-6-2; or62
(vii)(G) Aggravated sexual battery, as defined in Code Section 16-6-22.2;63
(B) A felony offense of:64
(i)(H) Aggravated assault;65
(ii)(I) Aggravated battery;66
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(iii)(J) Hijacking a motor vehicle in the first degree;67
(iv)(K) Aggravated stalking;68
(v)(L) Child molestation;69
(vi)(M) Enticing a child for indecent purposes;70
(vii)(N) Pimping;71
(viii)(O) Robbery;72
(viii.1)(P) Burglary;73
(ix)(Q) Bail jumping;74
(x)(R) Escape;75
(xi)(S) Possession of a firearm or knife during the commission of or attempt to commit76
certain crimes;77
(xii)(T) Possession of firearms by convicted felons and first offender probationers;78
(xiii)(U) Trafficking in cocaine, illegal drugs, marijuana, or methamphetamine;79
(xiv) (V) Participating in criminal gang activity as defined in Code Section 16-15-3;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
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(DD) Laying drags, as defined in Code Section 40-6-251;94
(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
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(XX) Racketeering and conspiracy, as described in Code Section 16-14-4;121
(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 of Title138
15, or pursuant to Uniform Superior Court Rule 27.139
(b)(1) An elected judge, an appointed judge filling the vacancy of an elected judge, or140
a judge sitting by designation may issue an unsecured judicial release under subparagraph141
(a)(2)(A) of this Code section if:142
(A) Such unsecured judicial release is noted on the release order;143
(B) The person is not charged with a bail restricted offense;144
(C) The person has not been convicted of bail jumping as provided in Code Section145
16-10-51 within the past five years; and146
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(D) No bench warrant has been issued for the person's arrest based on such person's
147
failure to appear in court within the past five years; provided, however, that this148
subparagraph shall not apply if such warrant was recalled or issued on the basis of such149
person's failure to appear for a nonserious traffic offense, as such term is defined in150
Code Section 35-3-37.151
(2) A person who is ineligible for unsecured judicial release pursuant to subparagraph152
(C) or (D) of paragraph (1) of this subsection may contest his or her ineligibility on the153
basis that his or her criminal history record information is inaccurate, incomplete, or154
misleading. In such instance, the prosecuting attorney shall bear the burden of155
establishing such person's ineligibility.156
(c) An elected judge, an appointed judge filling the vacancy of an elected judge
, or a judge157
sitting by designation may issue an unsecured judicial release under subparagraph (a)(2)(B)158
of this Code section if:159
(1) Such such unsecured judicial release is noted on the release order; and160
(2) The person is not charged with a bail restricted offense.161
(d) No person charged with a bail restricted offense shall be eligible for release by any162
judge on an unsecured judicial release. Such persons charged with a bail restricted offense163
shall only be eligible for release through the use of secured means as provided in Code164
Sections 17-6-4 and 17-6-5, professional bondsmen as provided in Code Section 17-6-50,165
or property as approved by the sheriff in the county where the offense was committed.166
Except as provided in subsection subsections (b) and subsection (c) of this Code section167
and in addition to other laws regarding the release of an accused person, the judge of any168
court having jurisdiction over a person charged with committing an offense against the169
criminal laws of this state shall have authority, in his or her sound discretion and in170
appropriate cases, to authorize the release of the person on an unsecured judicial release171
only unless such person is charged with a bail restricted offense.172
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(e) Upon the failure of a person released on an unsecured judicial release to appear for
173
trial, if the release is not otherwise conditioned by the court, absent a finding of sufficient174
excuse to appear, the court shall summarily issue an order for his or her arrest which shall175
be enforced as in cases of forfeited bonds.176
(f) Prior to issuing an unsecured judicial release, a judge shall, in addition to the177
considerations provided for in Code Section 17-6-1, consider the accused person's criminal178
history record information that is available at such time.179
(g) Notwithstanding other laws regarding the release of an accused person, no person
180
sentenced pursuant to subsection (b) or (c) of Code Section 17-10-7 shall be eligible for181
release by any judge on an unsecured judicial release. Such person shall only be eligible182
for release through the use of secured means as provided in Code Sections 17-6-4 and183
17-6-5, professional bondsmen as provided in Code Section 17-6-50, or property as184
approved by the sheriff in the county where the offense was committed."185
SECTION 4.186
Said chapter is further amended in Code Section 17-6-15, relating to necessity for187
commitment where bail tendered and accepted, opportunity for bail, receipt of bail after188
commitment and imprisonment, imprisonment of person who offers bond for amount of bail189
set, and effect upon common-law authority of court, by adding three new paragraphs to190
subsection (b) to read as follows:191
"(4) No more than three cash bonds may be posted per year by any individual,192
corporation, organization, charity, nonprofit corporation, or group in any jurisdiction.193
Every individual, corporation, organization, charity, nonprofit corporation, or group that194
purports to be a charitable bail fund with the purpose of soliciting donations to use for195
securing the release of accused persons shall be required to submit to the same196
requirements as any professional surety company, including, without limitation, the197
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requirements set forth in paragraph (1) of this subsection and Code Sections 17-6-50,198
17-6-50.1, and 17-6-51.199
(5) Prosecuting attorneys and the Attorney General shall have concurrent authority to200
prosecute any violation of paragraph (4) of this subsection.201
(6) Any person or entity who violates any part of paragraph (4) of this subsection shall202
be guilty of a misdemeanor."203
SECTION 5.204
Said chapter is further amended in Code Section 17-6-31, relating to surrender of principal205
by surety, forfeiture of bond, and death of principal, by revising subsections (a) and (d) as206
follows:207
"(a) When the court is not in session, a surety on a bond may surrender the surety's208
principal to the sheriff or to the responsible law enforcement officer of the jurisdiction in209
which the case is pending in order to be released from liability. If the sheriff or the210
responsible law enforcement officer of the jurisdiction refuses such surrender, the surety211
shall be released from liability."212
"(d)(1) Furthermore, the surety shall be released from liability if, prior to entry of213
judgment, there is:214
(A) A deferred sentence;215
(B) A presentence investigation;216
(C) A court ordered Entry into a pretrial intervention and diversion program;217
(D) A court ordered Entry into an educational and rehabilitation program;218
(E) A fine;219
(F) A dead docket; or220
(G) Death of the principal;221
(H) Participation in an accountability court; or222
(I) Entry into a pretrial release program.223
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(2) Furthermore, the surety may shall be released from liability at the discretion of the224
court if:225
(A) The the principal used a false name when he or she was bound over and committed226
to jail or a correctional institution and was subsequently released from such facility227
unless the surety knew or should have known had reason to know that the principal228
used a false name; and229
(B) The surety shows to the satisfaction of the court that he or she acted with due230
diligence and used all practical means to secure the attendance of the principal before231
the court."232
SECTION 6.233
Said chapter is further amended in Code Section 17-6-54, relating to no further compensation234
after becoming surety, when sum received to be returned to defendant, and right to surrender235
defendant and to keep sum paid when defendant forfeits, by revising subsection (a) as236
follows:237
"(a) No professional bondsman or his or her agents or employees who receive238
compensation for becoming the surety on a criminal bond shall thereafter receive any other239
sum in the case as compensation. If the surety surrenders a defendant into the custody of240
the court, the sheriff, or another law enforcement officer in the jurisdiction where the bond241
was made before final disposition of the case, the surety is required to return to the242
principal the compensation received for signing the bond as surety if such surrender of the243
defendant is for reasons other than:244
(1) The defendant's arrest for a crime other than a traffic violation or misdemeanor local245
ordinance violation;246
(2) The defendant's cosigner attests in writing the desire to be released from the bond;247
(3) The defendant fails to provide to the court and the surety the defendant's change of248
address;249
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(4) The defendant fails to pay any fee due to the surety after being notified by certified250
mail or statutory overnight delivery that the same is past due;251
(5) The defendant fails to notify the court and the surety upon leaving the jurisdiction of252
the court; or253
(6) The defendant provides false information to the surety."254
SECTION 7.255
Said chapter is further amended in Code Section 17-6-56.1, relating to continuing education256
programs for bail recovery agents, fee, annual requirement, and certificate of completion, by257
revising subsection (b) as follows:258
"(b) The fee for continuing education programs for bail recovery agents shall not exceed259
$125.00 $250.00 annually."260
SECTION 8.261
Said chapter is further amended in Code Section 17-6-70, relating to when forfeiture occurs,262
by revising subsection (b) as follows:263
"(b) An appearance bond shall not be forfeited unless the clerk of the court gave the surety264
at least 72 hours' written notice, exclusive of Saturdays, Sundays, and legal holidays, before265
the time of the required appearance of the principal. Notice shall not be necessary if the266
time for appearance is within 72 hours from the time of arrest, provided the time for267
appearance is stated on the bond, or where the principal is given actual notice in open268
court."269
SECTION 9.270
Said chapter is further amended by revising Code Section 17-6-71, relating to execution271
hearing on failure of principal to appear, as follows:272
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"17-6-71.
273
(a) The judge shall, at the end of the court day, upon the failure of the principal to appear,
274
forfeit the bond, issue a bench warrant for the principal's arrest, and order an execution275
hearing not sooner than 120 days but not later than 150 days after such failure to appear.276
Notice of the execution hearing shall be served by the clerk of the court in which the bond277
forfeiture occurred within ten days of such failure to appear by certified mail or by278
electronic means as provided in Code Section 17-6-50 to the surety at the address listed on279
the bond or by personal service to the surety within ten days of such failure to appear at its280
home office or to its designated registered agent. Service shall be considered complete281
upon the mailing of such certified notice. Such ten-day notice shall be adhered to strictly.282
If notice of the execution hearing is not served as specified in this subsection, the surety283
shall be relieved of liability on the appearance bond The judge shall, at the end of the court284
day, upon the failure of the principal to appear, forfeit the bond and issue a bench warrant285
for the principal's arrest. If the forfeiture and bench warrant are not issued and signed286
within ten days of the failure to appear, the surety shall be relieved of liability on the287
appearance bond. Upon forfeiting the bond, the judge shall order an execution hearing not288
sooner than 150 days but not later than 180 days after such failure to appear. Notice of the289
execution hearing and a copy of the bench warrant shall be served by the clerk of the court290
in which the bond forfeiture occurred within ten days of such failure to appear by certified291
mail, return receipt requested, or by electronic means as provided in Code Section 17-6-50292
to the surety at the address listed on the bond or by personal service to the surety within ten293
days of such failure to appear at its home office or to its designated registered agent. 294
Service shall be considered complete upon the mailing of such certified notice. Such295
ten-day notice shall be adhered to strictly. If notice of the execution hearing and bench296
warrant are not served as specified in this subsection, the surety shall be relieved of liability297
on the appearance bond.298
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(b) If at the execution hearing it is determined that judgment should be entered, the judge
299
shall so order and a writ of fieri facias shall be filed in the office of the clerk of the court300
where such judgment is entered. Notice of the judgment shall be served by the clerk of the
301
court in which entry of judgment occurred within ten days of such entry by certified mail,302
return receipt requested, or by electronic means as provided in Code Section 17-6-50 to the303
surety at the address listed on the bond or by personal service to the surety within ten days304
of such entry of judgment at its home office or to its designated registered agent. Service305
shall be considered complete upon the mailing of such certified notice. Such ten-day notice306
shall be adhered to strictly. If the notice of the judgment is not served in the time frame as307
specified in this subsection, the surety shall be relieved of liability on the appearance bond,308
the judgment shall be marked satisfied, and the writ of fieri facias shall be canceled. The309
provisions of this subsection shall apply to all bail bonds, whether returnable to superior310
court, state court, probate court, magistrate court, or municipal court."311
SECTION 10.312
Said chapter is further amended in Code Section 17-6-72, relating to conditions not313
warranting forfeiture of bond for failure to appear and remission of forfeiture, by revising314
subsections (b), (c), (c.1), (d), and (e) as follows:315
"(b) No judgment shall be rendered on a forfeiture of any appearance bond if it is shown316
to the satisfaction of the court that the principal on the bond was prevented from attending317
because he or she was detained by reason of arrest, sentence, or confinement in a penal318
institution or jail in the State of Georgia, or so detained in another jurisdiction, or because319
he or she was involuntarily confined or detained pursuant to court order in a mental320
institution in the State of Georgia or in another jurisdiction. An official written Written321
notice of the holding institution in which the principal is being detained or confined shall322
be considered proof of the principal's detention or confinement. Such notice may be sent323
from the holding institution by mail or e-mail or delivered by hand or by facsimile324
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machine. Upon the presentation of such written notice to the clerk of the proper court, the325
prosecuting attorney, and the sheriff or other law enforcement officer having jurisdiction326
over the case, along with a letter of intent to pay all costs of returning the principal to the327
jurisdiction of the court, such notice and letter shall serve as the surety's request for a328
detainer or hold to be placed on the principal. Should there be a failure to place a detainer329
or hold within ten business days of the surety's service of a detainer or hold request, and330
after such presentation of such notice and letter of intent to pay costs, the surety shall then331
be relieved of the liability for the appearance bond without further order of the court.332
(c) No judgment shall be rendered on a forfeiture of any appearance bond if it is shown to333
the satisfaction of the court that prior to the entry of the judgment on the forfeiture the334
principal on the bond is in the custody of the sheriff or other responsible law enforcement335
agency. An official written Written notice of the holding institution in which the principal336
is being detained or confined shall be considered proof of the principal's detention or337
confinement. Such notice may be sent from the holding institution by mail or e-mail or338
delivered by hand or by facsimile machine. Upon presentation of such written notice to the339
clerk of the proper court, the prosecuting attorney, and the sheriff or other law enforcement340
officer having jurisdiction over the case along with a letter of intent to pay all costs of341
returning the principal to the jurisdiction of the court, such notice and letter shall serve as342
the surety's request for a detainer or hold to be placed against the principal. Should there343
be a failure to place a detainer or hold within ten business days of the surety's service of344
a detainer or hold request, and after presentation of such notice and letter of intent to pay345
costs, the surety shall then be relieved of the liability for the appearance bond without346
further order of the court.347
(c.1) No judgment shall be rendered on a forfeiture of any appearance bond if it is shown348
to the satisfaction of the court that the principal on the bond was prevented from attending349
because he or she was deported or removed from the United States by federal authorities. 350
Official documentation from a federal official or agency shall be considered proof of the351
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principal's deportation or removal. Such documentation may be delivered by mail or352
e-mail or delivered by hand or by facsimile machine.353
(d) In cases in which subsection (e) of this Code section is not applicable, the court shall354
order remission under the following conditions:355
(1) Provided the bond amount, including all surcharges, has been paid within 120 150356
days after entry of the judgment and the delay has not prevented prosecution of the357
principal and upon application filed within 120 150 days from the payment of judgment358
with prior notice to the prosecuting attorney of such application, said court shall direct359
remission of 95 percent of the bond amount, including all surcharges, remitted to the360
surety if the principal is produced, surrendered, or otherwise appears before the court that361
has jurisdiction of the bond or if the surety provides proof of the principal's incarceration362
or confinement in another jurisdiction or proof of the principal's death within such 120363
150 day period following payment of the judgment;364
(2) Provided the bond amount, including all surcharges, has been paid within 120 150365
days after the entry of judgment and the delay has not prevented prosecution of the366
principal, should the surety, within two years of the principal's failure to appear, locate367
the principal in the custody of the sheriff in the jurisdiction where the bond was made or368
in another jurisdiction causing the return of the principal to the jurisdiction where the369
bond was made, apprehend, surrender, or produce the principal, if the apprehension or370
surrender of the principal is substantially procured or caused by the surety, or if the371
location of the principal by the surety causes the adjudication of the principal in the372
jurisdiction in which the bond was made, the surety shall be entitled to a refund of 50373
percent of the bond amount. The application for 50 percent remission shall be filed no374
later than 30 days following the expiration of the two-year period following the date of375
judgment upon application filed within 60 days following the expiration of the two-year376
period following the date of judgment with prior notice to the prosecuting attorney of377
such application, said court shall direct remission of 50 percent of the bond amount,378
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including all surcharges, remitted to the surety if the principal is produced, surrendered,379
or otherwise appears before the court that has jurisdiction of the bond or if the surety380
provides proof of the principal's incarceration or confinement in another jurisdiction,381
proof of the principal's death, or proof that surrender of the principal was denied by the382
sheriff or other responsible law enforcement officer within such two-year period383
following payment of the judgment; or384
(3) Remission One hundred percent remission shall be granted upon condition of the385
payment of court costs and of the expenses of returning the principal to the jurisdiction386
by the surety.387
(e)(1) If, within 120 150 days from entry of the judgment, the surety surrenders the388
principal to the sheriff or responsible law enforcement officer, or said surrender has been389
denied by the sheriff or responsible law enforcement officer, or the surety locates the390
principal in custody in another jurisdiction, the surety shall only be required to pay costs391
and 5 percent of the face amount of the bond, which amount includes all surcharges. If392
it is shown to the satisfaction of the court, by the presentation of competent evidence393
from the sheriff or the holding institution, that said surrender has been made or denied or394
that the principal is in custody in another jurisdiction or that said surrender has been made395
and that 5 percent of the face amount of the bond and all costs have been tendered to the396
sheriff, the court shall direct that the judgment be marked satisfied and that the writ of397
fieri facias be canceled.398
(2)(A) The court shall direct that the judgment be marked satisfied and that the writ of399
fieri facias be canceled, if within 120 150 days from entry of the judgment, the surety:400
(i) Tenders an amount equal to 5 percent of the face amount of the bond and all costs401
to the sheriff; and402
(ii) Provides, in writing, the court and the prosecuting attorney for the court that has403
jurisdiction of the bond with competent evidence giving probable cause to believe that404
the principal is located in another jurisdiction within the United States and states that405
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it will provide for the reasonable remuneration for the rendition of the principal, as
406
estimated by the sheriff; and407
(B) The prosecuting attorney for the court that has jurisdiction of the bond:408
(i) Declines, in writing, to authorize or facilitate extradition; or409
(ii) Within ten business days of the notice provided pursuant to division (2)(A)(ii) of410
this subsection, fails to enter the appropriate extradition approval code into the411
computerized files maintained by the Federal Bureau of Investigation National Crime412
Information Center, thereby indicating an unwillingness to extradite the principal."413
SECTION 11.414
All laws and parts of laws in conflict with this Act are repealed.415
S. B. 63
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