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Legislative Change Resources

2015 Legislative Updates

S.L. 2015-180 - AN ACT TO AMEND THE STATUTES GOVERNING BAIL BONDSMEN TO INCREASE THE AGE OF QUALIFICATION FOR LICENSURE AS A BAIL BONDSMAN OR RUNNER, TO LENGTHEN THE TIME LIMIT FOR THE RETURN OF SECURITY TO INCLUDE THE TIME PERIOD IN WHICH AN APPEAL FROM DISTRICT COURT MAY BE FILED, TO REQUIRE THE COMMISSIONER OF INSURANCE TO RETURN THE AMOUNT OF A BONDSMAN'S SECURITY DEPOSIT ABOVE OUTSTANDING BOND LIABILITY IN EVENT THE BONDSMAN IS KILLED OR CEASES WRITING BONDS, AND TO ALLOW A BONDSMAN TO HAVE ACCESS TO THE ADMINISTRATIVE OFFICE OF THE COURTS' CIVIL INFORMATION SYSTEMS.

S.L. 2015-180 was signed by the Governor and became effective August 5, 2015.

Section 1 of S. L. 2015-180 amends G.S. 58-71-50 (b)(1) to require bondsmen to be 21 years of age or over effective August 5, 2015. This applies to applications for licenses filed on or after the August 5, 2015 date.

Section 2 of S.L. 2015-180 amends G.S. 58-71-95(5) to increase the amount of time for return of collateral security or other indemnity requested by the bondsmen to 15 days after final termination of liability on the bond.

Section 3 of S.L. 2015-180 amends GS. 58-71-151 adding language to indicate how security deposits can be returned. "If a bondsman discontinues writing bonds due to death, permanent incapacitation, or some other circumstance that results in the bondsman returning the license issued under this Article to the Commissioner and the Commissioner is satisfied that no more bonds can be written against the bondsman's security deposit, the Commissioner shall return the portion of the security deposit in excess of that required to secure the bondsman's outstanding bond liability."

Section 4 amends G.S. 58-71-200 to allow all actively licensed professional bail bondsmen, surety bail bondsmen, and bail bond runners to request access to the North Carolina Administrative Office of the Courts' (NCAOC) civil records, in addition to criminal records. Bondsmen and runners requesting access to the Automated Criminal/Infractions System (ACIS) and the Civil Case Processing System (VCAP) pursuant to G.S. 58-71-200 should follow the instructions provided by NCAOC.

All questions about these instructions should be directed to NCAOC's Access Administration team at 919-890-2221 or security@nccourts.org.

Please contact Agent Services Division at 919-807-6800 if you have any questions.

2014 Legislative Updates

S. L. 2014- 120 – Regulatory Relief/Various Administrative Reforms

S. L. 2014 – 120 was signed by the Governor and became effective September 18, 2014.

Section 12.(a) of S.L. 2014-120 amends G.S. 58-71-40 (d1) to allow the design of the shield approved under G.S. 74C-5(12) and pictured in 12 NCAC 07D.0405 to be altered by stamping, inlaying, embossing, enameling or engraving to accommodate the license number. The size of the shield shall be 1.88 inches wide and 2.36 inches high.

Section 12(b) of S.L. 2014-120 amends G.S. 15A-540 by adding a new subsection "(d) a surety may utilize services and assistance of any surety bondsman, professional bondsman , or runner licensed under G.S. 58-71-40 to effect the arrest or surrender of a defendant under subsection (a) or (b) of this section".

2013 Legislative Updates

House Bill 597 – An Act to Approve an Official Shield for Bail Bondsmen

Effective June 26, 2013, a new subsection was added to North Carolina General Statute § 58-71-40 to authorize a licensed bondsman while engaged in official duties to display a shield. The shield must comply with North Carolina General Statute § 74C-5(12) and 12 NCAC 07D.0405 on May 2, 2013, and include other required wordage.

2011 Legislative Changes

House Bill 335 – Effective October 15, 2011, North Carolina G.S. 58-71-200 allows licensed professional bail bondsmen, surety bail bondsmen, and bail bond runners access to the Administrative Office of the Court’s criminal information systems.

House Bill 649 - An act to amend the laws pertaining to grounds for revocation of licensure under the laws regulating bail bondsmen and allowing a bail agent acting on behalf of a surety company to make written motions regarding setting aside bail forfeiture and relief from final judgment of bail forfeiture under the laws pertaining to criminal procedure.

House Bill 298 – Insurance Law Changes Effective July 1, 2011, update to North Carolina General Statute 58-2-69(g) relative to the Commissioner contracting with the NAIC or other persons for the provision of online services to applicants and licensees.