House Bill 1131 (AS PASSED HOUSE AND SENATE)
By: Representatives Hong of the 103rd, Smith of the 18th, Sainz of the 180th, Reeves of the
99th, and Scoggins of the 14th
A BILL TO BE ENTITLED
AN ACT
To amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure,
so as to provide for personal service of process for notice of a warrant application hearing;
to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 17 of the Official Code of Georgia Annotated, relating criminal procedure, is amended
by revising paragraph (2) of subsection (b) of Code Section 17-4-40, relating to persons who
may issue warrants for arrest of offenders against penal laws, warrants requested by others,
and persons who may issue warrants for arrest of peace or law enforcement officers, DFCS
case managers, or school teachers or administrators, as follows:
"(2) Except as otherwise provided in paragraph (6) of this subsection, a warrant
application hearing shall be conducted only after attempting to notify the person whose
arrest is sought by <ins>personal service or by</ins> 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."
SECTION 2.
Said title is further amended by revising subsection (c) of Code Section 17-4-41, relating to
contents of affidavits made or warrants issued for arrest of penal offenders, as follows:
"(c) It is the intent of these requirements that the accused person shall be informed of the
specific charge against him <ins>or her</ins> and of all basic pertinent particulars pertaining thereto
<ins>by personal service."
</ins> SECTION 3.
Said title is further amended by revising Code Section 17-6-15, relating to necessity for
commitment where bail tendered and accepted, opportunity for bail, receipt of bail after
commitment and imprisonment, and limitations on cash bonds, as follows:
"17-6-15.
(a) After arrest, if bail is tendered and accepted, no regular commitment need be entered,
but a simple memorandum of the fact of bail being taken shall be sufficient.
(b)(1) A reasonable opportunity shall be allowed the accused person to give bail; and,
even after commitment and imprisonment, the committing court may order the accused
person brought before it to receive bail. No person shall be imprisoned under a felony
commitment when bail has been fixed, if the person tenders and offers to give bond in the
amount fixed, with sureties acceptable to the sheriff of the county in which the alleged
offense occurred; provided, however, the sheriff shall publish and make available written
rules and regulations defining acceptable sureties and prescribing under what conditions
sureties may be accepted. If the sheriff determines that a professional bonding company
is an acceptable surety, the rules and regulations shall require, but shall not be limited to,
the following:
(A) Complete documentation showing the composition of the company to be an
individual, a trust, or a group of individuals, whether or not formed as a partnership or
other legal entity, or a corporation or a combination of individuals, trusts, and
corporations;
(B) Complete documentation for all employees, agents, or individuals authorized to
sign or act on behalf of the bonding company;
(C) Complete documentation showing that the company holds a valid business license
in the jurisdiction where bonds will be written;
(D) Fingerprints and background checks of every individual who acts as a professional
bondsperson as defined in Code Section 17-6-50 for the professional bonding company
seeking approval;
(E) Establishment of a cash escrow account or other form of collateral as follows:
(i) For any professional bonding company that is new to the county or that has
operated continuously in the county for less than 18 months, in an amount and upon
terms and conditions as determined and approved by the sheriff;
(ii) Once a professional bonding company has operated continuously for 18 months
or longer in the county, then any such cash escrow account or other form of collateral
shall not exceed 5 percent of the current outstanding bail bond liability of the
professional bonding company and such cash escrow account shall not be required to
have on deposit an amount in excess of <del>$1,000,000.00$500,000.00;</del> and
(iii) No professional bonding company shall purchase an insurance policy in lieu of
establishing a cash escrow account or posting other collateral; provided, however, that
any professional bonding company which was using an insurance policy as collateral
as of December 31, 2013, may continue to do so at the discretion of the sheriff.
(F) Establishment of application, approval, and reporting procedures for the
professional bonding company deemed appropriate by the sheriff which satisfy all rules
and regulations required by the laws of this state and the rules and regulations
established by the sheriff;
(G) Applicable fees to be paid by the applicant to cover the cost of copying the rules
and regulations and processing and investigating all applications and all other costs
relating thereto; or
(H) Additional criteria and requirements for approving and regulating bonding
companies to be determined at the discretion of the sheriff.
(2) This Code section shall not be construed to require a sheriff to accept a professional
bonding company or bondsperson as a surety.
(3) This Code section shall not be construed to prevent the posting of real property bonds
and the sheriff may not prohibit the posting of property bonds. Additional requirements
for the use of real property may be determined at the discretion of the sheriff. The sheriff
shall not prohibit a nonresident of the county from posting a real property bond if such
real property is located in the county in which it is offered as bond and if such property
has sufficient unencumbered equity to satisfy the sheriff's posted rules and regulations
as to acceptable sureties.
(4) No more than three cash bonds may be posted per year by any individual,
corporation, organization, charity, nonprofit corporation, or group in any jurisdiction.
Every individual, corporation, organization, charity, nonprofit corporation, or group that
purports to be a charitable bail fund with the purpose of soliciting donations to use for
securing the release of accused persons shall be required to submit to the same
requirements as any professional surety company, including, without limitation, the
requirements set forth in paragraph (1) of this subsection and Code Sections 17-6-50,
17-6-50.1, and 17-6-51. <ins>This paragraph shall not apply to a natural person posting a cash
bond on behalf of an immediate family member.
</ins> (5) Prosecuting attorneys and the Attorney General shall have concurrent authority to
prosecute any violation of paragraph (4) of this subsection.
(6) Any person or entity who violates any part of paragraph (4) of this subsection shall
be guilty of a misdemeanor.
(c) This Code section shall not abrogate or repeal the common-law authority of the judge
having jurisdiction."
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.