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HB 716

Environmental Preservation - As introduced, enacts the "Climate Resiliency Fund Act." - Amends TCA Title 4, Chapter 3, Part 5; Title 9; Title 60; Title 67 and Title 68.

114th Regular Session (2025-2026) Introduced by Justin Jones

HB 716 standardizes bond forfeiture rules, limits grounds to set aside forfeitures, requires notice to prosecutors, and mandates reporting of final judgments to the Insurance Dept.

Failed for lack of motion in: Agriculture & Natural Resources Subcommittee
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Bill Summary · HB 716

HB 716 — Bail Bond Omnibus (summary)

Status: Passed 1st Reading (introduced Nov 12, 2024)
Subject areas: Bail, courts, criminal procedure, attorneys, records, surety bonds

Main purpose

HB 716 is an omnibus update to state bail-bond law that clarifies definitions, updates procedural timeframes and documentary requirements, and revises the rules for bond forfeiture and setting aside forfeitures. The bill is aimed at modernizing administrative practices, clarifying the obligations of sureties and defendants, and standardizing notice and evidence rules that govern bond forfeiture and relief.

Key provisions and changes

  • Definitions (G.S. 15A-531): Expands and clarifies the statutory meaning of “address of record” for defendants and accommodation bondsmen to include multiple sources (address on the bond, permanent/temporary address, addresses on court records, addresses provided by the defendant or by anyone with knowledge of the defendant’s residence).
  • Bond duration and termination (G.S. 15A-534): A bail bond posted under the section is valid up to three years where no forfeiture is pending; bond obligations continue through trial-court proceedings until judgment unless earlier terminated. A surety seeking release must notify the district attorney 30 days prior to bond expiration; release occurs within the 30‑day window or if notification is received after expiration. The bill enumerates circumstances that will terminate the obligor’s (defendant’s) bond earlier (e.g., judicial release, lawful surrender by surety, dismissal before forfeiture, continued judgment, prosecutor dismissal with leave, court setting aside forfeiture under enumerated subdivisions).
  • Forfeiture entry and required notice (G.S. 15A-544.3): Standardizes language that must appear in a forfeiture entry and sets out explicit categories of documentary proof that will support setting aside a forfeiture (e.g., death certificate, proof of incarceration, proof of surrender, proof the failure to appear has been stricken, proof of service of an Order for Arrest).
  • Grounds and procedures to set aside forfeiture (G.S. 15A-544.5): Codifies the exclusive list of reasons a forfeiture may be set aside (including defendant incarceration at time of failure to appear, with a 10‑day requirement after the district attorney receives notice of incarceration). Details evidentiary and filing mechanics (how notice to DA must be served, acceptable records).
  • Administrative effects: Final forfeiture judgments become enforceable against defendant and sureties and must be reported to the Department of Insurance. The bill also clarifies procedural record standards (including electronic records) acceptable as evidence.

Who is affected

  • Defendants (obligors): clarified address rules and conditions under which bond obligations end.
  • Sureties and bondsmen (professional and accommodation): new notice requirements for seeking release; clearer procedures for surrender and liability; final forfeitures reported to insurance regulator.
  • Courts, clerks, district attorneys, sheriffs and jails: new notice/filing and evidence rules; potential administrative workload for processing standardized notices, evidence, and incarceration notifications.
  • Department of Insurance: receives reporting of final forfeiture judgments.

Procedural/timing aspects to note

  • Maximum stated bond validity (without forfeiture) = 3 years.
  • Surety must notify DA 30 days before bond expiration to effect release.
  • Setting aside forfeiture: motions must demonstrate one of enumerated grounds by the final judgment date or a pending motion; specified 10‑day rules apply when incarceration notice is provided to DA.
  • Forfeiture entries must include standardized notice language to defendant and sureties detailing what will set aside the forfeiture.

Likely impacts

  • Legal clarity for practitioners and courts; more prescriptive procedures may reduce disputes over acceptable proof for setting aside forfeitures.
  • Administrative and recordkeeping burden on prosecutors, clerks, and detention facilities to track and produce evidence (incarceration records, death certificates, surrender records) and to receive/track surety notices.
  • Potential effects on surety practices (timing of notice, surrender procedures) and on insurance reporting.

(References: proposed amendments to G.S. 15A-531, 15A-534, 15A-544.3, 15A-544.5 as reflected in the bill text.)

Compiled from official sources — confirm details with the bill’s official record.

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