State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-531

Article 26.

Bail.

Part 1. General Provisions.

§ 15A‑531.  Definitions.

As used in this Article thefollowing definitions apply unless the context clearly requires otherwise:

(1)        "Accommodationbondsman" means a natural person who has reached the age of 18 years andis a bona fide resident of this State and who, aside from love and affectionand release of the person concerned, receives no consideration for action assurety and who endorses the bail bond after providing satisfactory evidences ofownership, value, and marketability of real or personal property to the extentnecessary to reasonably satisfy the official taking bond that such real orpersonal property will in all respects be sufficient to assure that the fullprincipal sum of the bond will be realized in the event of breach of theconditions thereof. "Consideration" as used in this subdivision doesnot include the legal rights of a surety against a defendant by reason ofbreach of the conditions of a bail bond nor does it include collateral furnishedto and securing the surety so long as the value of the surety's rights in thecollateral do not exceed the defendant's liability to the surety by reason of abreach in the conditions of said bail bond.

(2)        "Address ofrecord" means:

a.         For a defendant oran accommodation bondsman, the address entered on the bail bond under G.S. 15A‑544.2,or any later address filed by that person with the clerk of superior court.

b.         For an insurancecompany, the address of the insurance company as it appears on the power ofappointment of the company's bail agent registered with the clerk of superiorcourt under G.S. 58‑71‑140.

c.         For a bail agent,the address shown on the bail agent's license from the Department of Insuranceregistered with the clerk of superior court under G.S. 58‑71‑140.

d.         For a professionalbondsman, the address shown on that bondsman's license from the Department ofInsurance, as registered with the clerk of superior court under G.S. 58‑71‑140.

(3)        "Bailagent" means any person who is licensed by the Commissioner as a suretybondsman under Article 71 of Chapter 58 of the General Statutes, is appointedby an insurance company by power of attorney to execute or countersign bailbonds for the insurance company in connection with judicial proceedings, andreceives or is promised consideration for doing so.

(4)        "Bailbond" means an undertaking by the defendant to appear in court as requiredupon penalty of forfeiting bail to the State in a stated amount. Bail bondsinclude an unsecured appearance bond, an appearance bond secured by a cashdeposit of the full amount of the bond, an appearance bond secured by amortgage under G.S. 58‑74‑5, and an appearance bond secured by atleast one solvent surety. A bail bond for which the surety is a bail agentacting on behalf of an insurance company is considered the same as a cashdeposit for all purposes in this Article. A bail bond signed by a professionalbondsman who is not a bail agent is not considered the same as a cash depositunder this Article. Cash bonds set in child support contempt proceedings shallnot be satisfied in any manner other than the deposit of cash.

(5)        "Defendant"means a person obligated to appear in court as required upon penalty offorfeiting bail under a bail bond.

(5a)      House arrest with electronicmonitoring. – Pretrial release in which the offender is required to remain athis or her residence unless the court authorizes the offender to leave for thepurpose of employment, counseling, a course of study, or vocational training.The offender shall be required to wear a device which permits the supervisingagency to electronically monitor the offender's compliance with the condition.

(6)        "Insurancecompany" means any domestic, foreign, or alien surety company which hasqualified under Chapter 58 of the General Statutes generally to transact suretybusiness and specifically to transact bail bond business in this State.

(7)        "Professionalbondsman" means any person who is approved and licensed by theCommissioner of Insurance under Article 71 of Chapter 58 of the GeneralStatutes and who pledges cash or approved securities with the Commissioner assecurity for bail bonds written in connection with a judicial proceeding andreceives or is promised money or other things of value therefor.

(8)        "Surety"means:

a.         The insurancecompany, when a bail bond is executed by a bail agent on behalf of an insurancecompany.

b.         The professionalbondsman, when a bail bond is executed by a professional bondsman or by arunner on behalf of a professional bondsman.

c.         The accommodationbondsman, when a bail bond is executed by an accommodation bondsman.  (1973, c. 1286, s. 1; 1975,c. 166, s. 12; 1995, c. 290, s. 1; c. 503, s. 1; 2000‑133, s. 1; 2009‑547,s. 2.)