GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

S	1 

SENATE BILL 513

Short Title:  Allow Fractional Deposit Bonds.	(Public)
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Sponsors: Senator Daniel.
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Referred to:  Judiciary I.
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March 20, 1989

A BILL TO BE ENTITLED
AN ACT TO AUTHORIZE DEFENDANTS TO SECURE AN APPEARANCE BOND BY DEPOSITING A FRACTION OF THE BOND AMOUNT.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 15A-531 reads as rewritten:
"§ 15A-531. Definitions.
As used in this Article the following definitions apply unless the context clearly requires otherwise:
(1)	Bail Bond. – An undertaking by the principal to appear in court as required upon penalty of forfeiting bail to the State of North Carolina in a stated amount. Bail bonds include an unsecured appearance bond, an appearance bond secured by a cash deposit of the full amount of the bond, an appearance bond secured by a mortgage pursuant to G.S. 109-25, and an appearance bond secured by at least one solvent surety.
(2)	Obligor. – A principal or a surety on a bail bond.
(3)	Principal. – A defendant or material witness obligated to appear in court as required upon penalty of forfeiting bail under a bail bond.
(4)	Surety. – One who, with the principal, is liable for the amount of the bail bond upon forfeiture of bail.
(5)	Fractional Deposit Bond. – An appearance bond secured by a deposit with the clerk in cash of a fraction of the amount of the bond in accordance with G.S. 15A-545. Upon performance of the conditions of release, ninety percent (90%) of the deposit must be returned to the defendant."
Sec. 2.  G.S. 15A-534(a) reads as rewritten:
"§ 15A-534. Procedure for determining conditions of pretrial release.
(a)	In determining conditions of pretrial release a judicial official must impose one of the following conditions:
(1)	Release the defendant on his written promise to appear.
(2)	Release the defendant upon his execution of an unsecured appearance bond in an amount specified by the judicial official.
(3)	Place the defendant in the custody of a designated person or organization agreeing to supervise him.
(4)	Require the execution of an appearance bond in a specified amount secured by: 
a.	A cash deposit of the full amount of the bond, or
b.	A cash deposit of fifteen percent (15%) of the bond amount or twenty-five dollars ($25.00), whichever is greater, pursuant to G.S. 15A-545, or
c.	A mortgage pursuant to G.S. 109-25, or
d.	At least one solvent surety.
If condition (3) is imposed, however, the defendant may elect to execute an appearance bond under subdivision (4). If a judicial official orders release of a defendant under conditions (1), (2), or (3), he may also place restrictions on the travel, associations, conduct, or place of abode of the defendant."
Sec. 3.  Chapter 15A of the General Statutes is amended by adding a new section to read:
"§ 15A-545. Procedure applicable to fractional deposit appearance bond.
(a)	Any person who has been determined indigent under Article 36 of Chapter 7A and is authorized to be released on a secured bond not exceeding five thousand dollars ($5,000), or any person acting on his behalf, may secure the bond by depositing with the clerk in cash an amount equal to fifteen percent (15%) of the amount of the bond or twenty-five dollars ($25.00), whichever is greater, upon the execution of the bond by the principal. If the deposit is made by a person  other than the principal, the name and address of the depositor must appear on the bond.
(b)	Upon deposit, the principal must be released from custody subject to the conditions of the bond.
(c)	If the amount of the bond is increased, the clerk must collect from the principal or deposit the amount necessary to maintain the deposit at the amount required by this section. If the amount of bond is reduced, the clerk must remit to the depositor the excess on deposit above the amount required under this section.
(d)	Upon performance of the conditions of release, the clerk must return to the depositor ninety percent (90%) of the amount deposited and retain ten percent (10%) as a service charge. If costs have been assessed or a fine imposed, or both, and the deposit was made by the principal, the clerk must deduct those amounts from the amount to be returned to the principal. The amount deducted must be first applied to the payment of costs assessed pursuant to G.S. 7A-304, and the remaining amount must be applied to the payment of the fine.
(e)	If the conditions of release are not met, the principal becomes liable for the full amount of the bond and the provisions of G.S. 15A-544 apply.
(f)	The ten percent (10%) service charge withheld by the clerk must be remitted to the State Treasurer for support of the General Court of Justice."
Sec. 4. This act shall become effective October 1, 1989.