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SB 702

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 Sara Kyle

SB 702 updates NC bail law to clarify bond duration, expand notice methods (including electronic), and tighten grounds for setting aside forfeitures to protect defendants and suret

Passed on Second Consideration, refer to Senate Energy, Ag., and Nat. Resources Committee
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Bill Summary · SB 702

SB 702 — Bail Bond Omnibus (North Carolina) — Summary (First Edition)

Status: Passed 1st Reading (March 26, 2025)
Primary sponsors: Senators Craven, Britt, and Daniel
Subject areas: Bail, courts, criminal procedure, sureties, district attorneys, records

Purpose and intent

SB 702 is an omnibus bill that revises North Carolina’s bail and bail–forfeiture law (Article 26, Chapter 15A). The bill clarifies definitions, updates procedures for the life and expiration of bonds, modernizes notice and evidence rules (including electronic notice), and expands and clarifies the grounds and procedures for setting aside bond forfeitures.

Key substantive provisions

  • Definitions
    • Expands the meaning of “address of record” for defendants and accommodation bondsmen to include multiple possible addresses (bond entry, permanent/temporary address, court records, an address provided to the bondsman, or any address supplied by any person with actual or constructive knowledge of the defendant’s residence).
  • Bond duration and relief of surety obligations (G.S. 15A-534(h))
    • A bail bond posted under this section is valid for no more than 3 years when no forfeiture is pending.
    • A surety seeking relief from a bond must notify the district attorney 30 days before the bond’s expiration; if notice is provided within the 30‑day window or after expiration, the surety is released as specified.
    • An obligor’s obligation terminates earlier if one of several listed events occurs (e.g., judge releases the bond, principal surrendered under G.S. 15A‑540, voluntary dismissal before a forfeiture is ordered, indefinite continuance of prayer for judgment, dismissal with leave under G.S. 15A‑932(a1), or court sets aside a forfeiture under enumerated statutory grounds).
  • Forfeiture entry and notice (G.S. 15A‑544.3)
    • Requires the forfeiture notice to include a list of specific events that, if demonstrated by the defendant or surety by the final judgment date, will result in the court setting aside the forfeiture (examples: failure to appear later stricken; surrender by surety; defendant served with order for arrest; defendant’s death; defendant incarcerated in state/federal prisons; or inadequate notice of forfeiture per G.S. 15A‑544.4(e)).
    • Expands acceptable forms of notification to district attorneys to include hand delivery, electronic delivery using a court’s electronic filing or case management system, or certified mail.
    • When a forfeiture becomes a final judgment, it is enforceable against defendant and sureties and is reported to the Department of Insurance; no surety may write additional bonds in the county until the judgment is satisfied.
  • Grounds and procedure to set aside a forfeiture (G.S. 15A‑544.5)
    • Lists exclusive statutory reasons a court must set aside a forfeiture (including a new explicit provision for incarceration anywhere in the United States if the district attorney was timely notified while the defendant remained incarcerated for at least 10 days after notification; proof via written notice and documentation of release date).
    • Prescribes evidentiary documentation and timing (copies of official records, certified mail or electronic notification records) required to support motions to set aside.

Who is affected

  • Defendants (expanded protections where incarceration or other listed events make failure to appear excusable)
  • Sureties, accommodation bondsmen, and professional bail agents (changes to duration of liability, notification responsibilities, and conditions for relief)
  • District attorneys and clerks of court (new notice handling and evidentiary/administrative duties, including accepting electronic notice)
  • Courts (must apply clarified, exclusive statutory grounds for setting aside forfeitures)
  • Department of Insurance (receives reporting of final forfeiture judgments)

Procedural/timing notes

  • Bond lifespan cap (three years) applies when forfeiture has not been issued.
  • A surety’s exit from obligation requires 30‑day advance notification to the district attorney; later notice yields relief per statutory text.
  • The bill modernizes acceptable notice routes (explicitly permits electronic filing/system delivery) and requires documentary proof when incarceration is claimed as cause to set aside forfeiture.
  • Status: First Edition; passed first reading (March 26, 2025). Additional committee action, amendments, or subsequent readings may change final language.

Potential practical impacts

  • May reduce final forfeitures where defendants were incarcerated or otherwise legitimately unable to appear, thereby protecting sureties and defendants from default judgments in such circumstances.
  • Imposes administrative/documentary requirements on sureties and DAs (tracking electronic/mailed notices, verifying incarceration records, documenting bond expirations).
  • Could modestly shift how sureties manage bond durations and notifications (more proactive communication with district attorneys and better recordkeeping).
  • Clarifies and narrows the statutory reasons courts must consider when setting aside forfeitures, which may make outcomes more predictable but also places evidentiary burdens on movants.

If you’d like, I can:
- Pull the specific amended statutory subsections (e.g., full proposed text of G.S. 15A‑534(h), 15A‑544.3 and 15A‑544.5) into a side‑by‑side comparison with current law; or
- Draft a one‑page explainer for surety/bond agent compliance steps if this bill becomes law.

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

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