HB 1131: Criminal procedure; personal service of process for notice of a warrant application hearing; provide
Last action May 11, 2026 · Effective Date 2026-07-01
House Bill 1131 would require Georgia courts to try personal service, in addition to other approved methods, when notifying someone of a warrant application hearing or informing them of the charge against them, and it adjusts bail bond rules.
The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Enrolled version, the latest LegiScan holds.
In plain language
Under current Georgia law, before a judge holds a hearing on a warrant application, officials must attempt to notify the person whose arrest is sought using any method the judge approves that is reasonably likely to reach them. This bill adds personal service (physically delivering notice to the person) as an option alongside other judge-approved methods. It makes a similar change to the law on informing an accused person of the specific charge against them, adding personal service as a required method. The bill also changes bail bond rules in O.C.G.A. § 17-6-15. It adjusts the cash escrow or collateral amount that established professional bonding companies must keep on deposit, and it adds a new exemption saying the strict bail fund requirements that apply to charitable groups and companies do not apply to an individual family member posting a cash bond for a relative. The bill repeals conflicting laws and does not state a delayed effective date beyond the general rule that Acts take effect upon the Governor's signature.
What the bill does
- Adds personal service as a way to notify someone that a warrant application hearing will be held concerning their arrest, alongside other judge-approved notice methods (O.C.G.A. § 17-4-40).
- Requires that an accused person be informed of the specific charge and related details through personal service (O.C.G.A. § 17-4-41).
- Changes the cap on the cash escrow account or collateral that established professional bonding companies must maintain (O.C.G.A. § 17-6-15).
- Exempts a natural person who posts a cash bond for an immediate family member from the stricter requirements that apply to professional bonding companies and charitable bail funds (O.C.G.A. § 17-6-15).
Who it affects
People facing arrest warrants or criminal charges in Georgia, judges and court officers who issue warrants and set hearings, professional bail bonding companies and charitable bail funds, sheriffs who regulate bonding companies, and individuals who post cash bonds for family members.
Why it matters
Requiring personal service means a person facing a warrant hearing or a criminal charge would need to be physically handed notice in more cases, which could affect how quickly cases move and whether people learn about hearings in time. The family bond exemption also makes it easier for relatives to post bail without meeting professional surety rules.
Key provisions
- Section 1 revises O.C.G.A. § 17-4-40(b)(2) to add personal service as an acceptable way to attempt notice of a warrant application hearing.
- Section 2 revises O.C.G.A. § 17-4-41(c) to require that the accused be informed of the charge and pertinent particulars by personal service.
- Section 3 revises O.C.G.A. § 17-6-15, changing the cash escrow or collateral cap for professional bonding companies operating 18 months or longer in a county.
- Section 3 also adds a new exemption in O.C.G.A. § 17-6-15(b)(4) so the paragraph's bail fund requirements do not apply to a natural person posting a cash bond for an immediate family member.
- Section 4 repeals all laws in conflict with the Act.
From the bill
“a warrant application hearing shall be conducted only after attempting to notify the person whose arrest is sought by personal service or by any means approved by the judge or other officer which is reasonably calculated to apprise such person of the date, time, and location of the hearing”
“This paragraph shall not apply to a natural person posting a cash bond on behalf of an immediate family member.”
Status timeline
- Effective Date 2026-07-01
- Act 482
- House Date Signed by Governor (House)
- House Sent to Governor (House)
- House Agreed Senate Amend or Sub (House)
- Senate Passed/Adopted By Substitute (Senate)
- Senate Third Read (Senate)
- Senate Taken from Table (Senate)
Show full history (18 actions)
- Senate Tabled (Senate)
- Senate Read Second Time (Senate)
- Senate Committee Favorably Reported By Substitute (Senate)
- Senate Read and Referred (Senate)
- House Passed/Adopted (House)
- House Third Readers (House)
- House Committee Favorably Reported (House)
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Soo Hong (R, HD-103)
- Tyler Smith (R, HD-018)
- Steven Sainz (R, HD-180)
- Matt Reeves (R, HD-099)
- Mitchell Scoggins (R, HD-014)
- Randy Robertson (R, SD-029)
Votes
- House voteFebruary 26, 2026
166 yea, 0 nay (5 not voting, 6 absent)
- Senate voteMarch 31, 2026
39 yea, 10 nay (2 not voting, 3 absent)
- Senate voteApril 2, 2026
47 yea, 2 nay (3 not voting, 2 absent)
- House voteApril 2, 2026
166 yea, 0 nay (7 not voting, 3 absent)
Topics
- criminal procedure
- bail bonds
- warrants
- court notices
- bonding companies