Georgia Bail Laws

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Athens, Georgia

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1.   Applicable Statutes.

A.   CODE OF GEORGIA TITLE 17. CRIMINAL PROCEDURE

CHAPTER 6.  BONDS AND RECOGNIZANCES

ARTICLE 2.  SURETIES PART 2. PROFESSIONAL

BONDSMEN.

B.   CODE OF GEORGIA TITLE 17. CRIMINAL PROCEDURE

CHAPTER 6.  BONDS AND RECOGNIZANCES

ARTICLE 2. SURETIES PART 1. GENERAL

PROVISIONS.

C.   CODE OF GEORGIA TITLE 17. CRIMINAL PROCEDURE

CHAPTER 6.  BONDS AND RECOGNIZANCES

ARTICLE 3. PROCEEDINGS FOR FORFEITURE OF BONDS OR

RECOGNIZANCES.

2.  Licensing Requirements for Agents.

A.   CODE OF GEORGIA TITLE 17. CRIMINAL PROCEDURE CHAPTER 6.

BONDS AND RECOGNIZANCES

ARTICLE 2. SURETIES PART 2. PROFESSIONAL BONDSMEN 17-6-50

Defines "professional bondsmen" and gives requirements for such.

• persons who hold themselves out as signers or sureties of bonds for compensation are declared to be professional bondsmen.
  

• one who holds himself or herself out as a signer or surety of bonds for compensation who must meet the following qualifications
  

(1)  Is 18 years of age or over;

(2)  Is a resident of the State of Georgia for at least one year before making application to write bonds;

(3)  Is a person of good moral character and has not been convicted of a felony or any crime involving moral turpitude; and

(4)  Is approved by the sheriff and remains in good standing with respect to all applicable federal, state, and local laws and all rules and regulations established by the sheriff in the county where the bonding business is conducted.

CODE OF GEORGIA TITLE 17. CRIMINAL PROCEDURE CHAPTER 6.BONDS AND RECOGNIZANCES ARTICLE 2. SURETIES PART 2. PROFESSIONAL BONDSMEN 17-6-56  Establishes requirements and registration Bail Recovery Agents.

• the term "bail recovery agent" means any person who performs services or takes action for the purpose of:
  

• apprehending the principal on a bail bond granted in this state or,
  

• capturing a fugitive who has escaped from bail in this state for gratuity, benefit, or compensation.
  

Any sheriff of a county shall require any professional bondsman who is a resident of or doing business in the sheriff's county to register his or her bail recovery agents in that county.

A bail recovery agent must be a United States citizen, 25 years of age or older, and must obtain a license pursuant to Code Section 16-11-129.

• CODE OF GEORGIA TITLE 16. CRIMES AND OFFENSES CHAPTER 11. OFFENSES AGAINST PUBLIC ORDER AND SAFETY ARTICLE 4. DANGEROUS INSTRUMENTALITIES AND PRACTICES PART 3. CARRYING AND POSSESSION OF FIREARMS 16-11-129  This is the same licensing statute for a concealed weapons permit and establishes that No license shall be granted to:
  

(1) Any person under 21 years of age;

(2) Any person who is a fugitive from justice or against whom proceedings are pending for any

felony, forcible misdemeanor, or  violation of Code Section 16-11-126, 16-11-127, or

16-11-128 until such time as the proceedings are adjudicated;

(3) Any person who has been convicted of a felony by a court of this state or any other state; by

a court of the United States including its territories, possessions, and dominions; or by a

court of any foreign nation and has not been pardoned for such felony.

(4) Any individual who has been hospitalized as an inpatient in any mental hospital or alcohol or

drug treatment center within five years of the date of his application; or

(5) (A) Any person, the provisions of paragraph (3) of this subsection notwithstanding, who has

been convicted of an offense arising out of the unlawful manufacture, distribution,

possession, or use of a controlled substance or other dangerous drug.

3.  Notice of Forfeiture

CODE OF GEORGIA TITLE 17. CRIMINAL PROCEDURE CHAPTER 6. BONDS AND RECOGNIZANCES ARTICLE 3. PROCEEDINGS FOR FORFEITURE OF BONDS OR RECOGNIZANCES 17-6-70  Gives provisions for when forfeiture occurs.

• A bond forfeiture occurs at the end of the court day, upon the failure of a principal to appear, of any bond given for the appearance of that person.
  

• An appearance bond shall not be forfeited unless the clerk of the court gave the surety at least 72 hours' written notice, exclusive of Saturdays, Sundays, and legal holidays, before the time of the required appearance of the principal. Notice shall not be necessary if the time for appearance is within 72 hours from the time of arrest, provided the time for appearance is stated on the bond, or where the principal is given actual notice in open court.
  

4.  Allotted Time between Forfeiture Declaration and Payment Due Date.

(See above, second paragraph)

5.  Forfeiture Defenses.

A.   CODE OF GEORGIA TITLE 17. CRIMINAL PROCEDURE CHAPTER 6.BONDS AND RECOGNIZANCES ARTICLE 3. PROCEEDINGS FOR FORFEITURE OF BONDS OR RECOGNIZANCES 17-6-72  Gives conditions, which do not warrant forfeiture. No judgment shall be rendered on a forfeiture of any appearance bond if:

• it is shown by the written statement of a licensed physician that the principal on the bond was prevented from attending by some mental or physical disability.
  

• it is shown that the principal on the bond was prevented from attending because he or she was detained by reason of arrest, sentence, or confinement in a penal institution or jail in the State of Georgia, or so detained in another jurisdiction, or because he or she was involuntarily confined or detained pursuant to court order in a mental institution in the State of Georgia or in another jurisdiction. (An official written notice of the holding institution in which the principal is being detained or confined shall be considered proof of the principal's detention or confinement and such notice may be sent from the holding institution by mail or delivered by hand or by facsimile machine).
  

• if it is shown that prior to the entry of the judgment on the forfeiture the principal on the bond is in the custody of the sheriff or other responsible law enforcement agency. 
  

• (An official written notice of the holding institution in which the principal is being detained or confined shall be considered proof of the principal's detention or confinement and such notice may be sent from the holding institution by mail or delivered by hand or by facsimile machine).
  

B.   State v. Hightower, 199 Ga. App. 770, 406 S.E.2d 117 (1991).   Time for filing. -- is a limited

time period for filing and is measured from the surety's payment of judgment on the bond

rather than from the apprehension of the principal. This is required even when the principal

is found and returned at some time beyond that period.

6. Remission.

A.   CODE OF GEORGIA TITLE 17. CRIMINAL PROCEDURE CHAPTER 6.  BONDS AND

RECOGNIZANCES ARTICLE 3. PROCEEDINGS FOR FORFEITURE OF BONDS OR

RECOGNIZANCES 17-6-72    In addition to forfeiture defenses, also establishes extensive

and detailed remission procedures.

• In cases in where paragraph 3 (above, under #5) are not applicable, and upon application filed within 120 days from the payment of judgment, the court shall order remission under the following conditions:
  

• Provided the bond amount has been paid within 120 days after judgment and the delay has not prevented prosecution of the principal and upon application to the court with prior notice to the prosecuting attorney of such application, said court shall direct remission of 95 percent of the bond amount remitted to the surety if:
  

the surety locates the principal in the custody of the sheriff in the jurisdiction where the

bond was made or in another jurisdiction causing the return of the principal to the

jurisdiction where the bond was made,

apprehends, surrenders, or produces the principal, if the apprehension or surrender of the

principal was substantially procured or caused by the surety, or,

if the location of the principal by the surety caused the adjudication of the principal in the

jurisdiction in which the bond was made.

If any of the above occurs within two years of the principal's failure to appear, the surety

shall be entitled to a refund of 50 percent of the bond amount. The application for 50 percent

remission shall be filed no later than 30 days following the expiration of the two-year

period following the date of judgment.

• Remission shall be granted upon condition of the payment of court costs and of the expenses of returning the principal to the jurisdiction by the surety; or
  

if, within 120 days after judgment, the surety surrenders the principal to the sheriff or

responsible law enforcement officer, or said surrender has been denied by the sheriff or

responsible law enforcement officer, or surety locates the principal in custody in another

jurisdiction, the surety shall only be required to pay costs and 5 percent of the face amount

of the bond, which amount includes all surcharges.

B.   1976 Op. Att'y Gen. No. U76-28.  No refund where principal surrendered after forfeiture. --

This section provides for the relief of a bondsman from liability prior to the time that he pays

the forfeiture to the county. After payment to the county of a final judgment on an

appearance bond forfeiture, the bondsman is not entitled to a refund of the forfeiture even

though he later surrenders the principal to county authorities.

C.   Timing requirements for filing are the same as those under #5(B) above.

7.  Bail Agent's Arrest Authority.

A.   A Bail Agent's arrest authority is implied in -- CODE OF GEORGIA TITLE 17. CRIMINAL

PROCEDURE CHAPTER 6. BONDS AND RECOGNIZANCES ARTICLE 2. SURETIES

PART 2. PROFESSIONAL BONDSMEN 17-6-56 -- which defines a Bail Agent as a person

who apprehends a principal on bail bond or who captures a fugitive who has escaped bail.

B.   In addition, a 1970 Georgia Attorney General Opinion provides the following:

Bondsman's powers of arrest. -- If the accused refuses to surrender, the bondsman can

seize and hold him in order to make delivery. The bondsman's rights include broad powers

of pursuit into another state, arrest, and detention. No process is needed, as the

bondsman's powers arise, not from the powers of the state, but from the relationship of

principal and bondsman (1970 Op. Att'y Gen. No. U70-78).

C.   Finally, another 1970 Georgia Attorney General Opinion (1970 Op. Att'y Gen. No.U70-83)

distinguishes that a bail agent has right to arrest on an appearance warrant, but may not

make an arrest pursuant to a bench warrant.

8.  Other Noteworthy Provisions.

A.   CODE OF GEORGIA TITLE 33. INSURANCE CHAPTER 10. ASSETS ANDLIABILITIES

33-10-11     Deals with a requirement of special reserve for certain bonds, including bail

bonds.

• In lieu of the unearned premium reserve required on surety insurance under subsection (a) of Code Section 33-10-6, the Commissioner may require any surety insurer or limited surety insurer to set up and maintain a reserve on all bail bonds or other single premium bonds without definite expiration data, furnished in judicial proceedings, equal to 25 percent of the total consideration charged for any bonds as are outstanding as of the date of any current financial statement of the insurer.
  

B.   CODE OF GEORGIA TITLE 17. CRIMINAL PROCEDURE CHAPTER 6.BONDS AND

RECOGNIZANCES ARTICLE 1. GENERAL PROVISIONS 17-6-1 Provides that bonds must

ultimately be approved by the county sheriff.

(j) For all persons who have been authorized by law or the court to be released on bail, sheriffs

and constables shall accept such bail; provided, however, that the sureties tendered and

offered on the bond are approved by the sheriff of the county in which the offense was

committed.

C.   CODE OF GEORGIA TITLE 17. CRIMINAL PROCEDURE CHAPTER 6. BONDS AND

RECOGNIZANCES ARTICLE 2. SURETIES PART 2.  PROFESSIONAL BONDSMEN

17-6-51 Establishes that professional bondsmen, their agents, or representatives shall not

suggest or advise the employment of any attorney to represent a defendant, during or

subsequent to the negotiations for the bondsmen to sign the bond.

• 17-6-52 Establishes that professional bondsmen, their agents, or employees shall not solicit business as bondsmen or loiter about or around jails, places where prisoners are confined, or the courts for the purpose of engaging in or soliciting business as such bondsmen.
  

In addition, no state or municipal law enforcement officer or keeper or employee of a penal

institution may suggest or give advice to any prisoner regarding the services of a

professional bondsman to write a criminal bond for the appearance of a prisoner in any

court at any time.

• 17-6-57 Provides extensive notification and registration provisions for out-of-state Bail Recovery Agents with local law enforcement.
  

• 17-6-58 Sets forth the penalties for violation of the above section, both for bail recovery agents individually, and for bond companies who employ them.
  

Further more, subsection (c) establishes that no bail recovery agent shall wear, carry, or

display any uniform, badge, shield, card, or other item with any printing, insignia, or

emblem that purports to indicate that such bail recovery agent is an employee, officer, or

agent of any state or federal government or any political subdivision of any state or federal

government. A violation of this subsection shall be punished upon conviction as a felony

punishable by imprisonment for not less than one nor more than five years, or a fine of not

more than $10,000.00, or both.

• And, subsection (d) provides that a bail recovery agent who enters the wrong property, causes damage to said property, or causes injury to anyone thereon is liable for all damages.
  

D.   CODE OF GEORGIA TITLE 17. CRIMINAL PROCEDURE CHAPTER 6. BONDS AND

RECOGNIZANCES ARTICLE 2. SURETIES PART 1. GENERAL PROVISIONS 17-6-30

Sets forth provisions governing the receiving of fees by sureties.

• Sureties on criminal bonds in any court shall not charge or receive more than 12 percent of the principal amount of bonds set in the amount of $10,000.00 or less and shall not charge or receive more than 15 percent of the principal amount of bonds set in an amount in excess of $10,000.00 as compensation from defendants or from anyone acting for defendants.
  

• Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor.
  

9. Bounty Hunter Provisions.

Bounty Hunters are termed "Bail Recovery Agents" in Georgia's statutes. Rules governing

such are primarily given above under #2 ? Licensing Requirements for Agents.

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