HB1131: HB1131 Criminal procedure; personal service of process for notice of a warrant application hearing; provide

26 HB 1131/AP 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,1 so as to provide for personal service of process for notice of a warrant application hearing;2 to provide for related matters; to repeal conflicting laws; and for other purposes.3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:4 SECTION 1.5 Title 17 of the Official Code of Georgia Annotated, relating criminal procedure, is amended6 by revising paragraph (2) of subsection (b) of Code Section 17-4-40, relating to persons who7 may issue warrants for arrest of offenders against penal laws, warrants requested by others,8 and persons who may issue warrants for arrest of peace or law enforcement officers, DFCS9 case managers, or school teachers or administrators, as follows:10 "(2) Except as otherwise provided in paragraph (6) of this subs ection, a warrant11 application hearing shall be conducted only after attempting to notify the person whose12 arrest is sought by personal service or by any means approved by the judge or other13 officer which is reasonably calculated to apprise such person o f the date, time, and14 location of the hearing."15 H. B. 1131 - 1 - 26 HB 1131/AP SECTION 2.16 Said title is further amended by revising subsection (c) of Code Section 17-4-41, relating to17 contents of affidavits made or warrants issued for arrest of penal offenders, as follows:18 "(c) It is the intent of these requirements that the accused person shall be informed of the19 specific charge against him or her and of all basic pertinent particulars pertaining thereto20 by personal service."21 SECTION 3.22 Said title is further amended by revising Code Section 17-6-15, relating to necessity for23 commitment where bail tendered and accepted, opportunity for ba il, receipt of bail after24 commitment and imprisonment, and limitations on cash bonds, as follows:25 "17-6-15.26 (a) After arrest, if bail is tendered and accepted, no regular commitment need be entered,27 but a simple memorandum of the fact of bail being taken shall be sufficient.28 (b)(1) A reasonable opportunity shall be allowed the accused p erson to give bail; and,29 even after commitment and imprisonment, the committing court may order the accused30 person brought before it to receive bail. No person shall be i mprisoned under a felony31 commitment when bail has been fixed, if the person tenders and offers to give bond in the32 amount fixed, with sureties acceptable to the sheriff of the county in which the alleged33 offense occurred; provided, however, the sheriff shall publish and make available written34 rules and regulations defining acceptable sureties and prescribing under what conditions35 sureties may be accepted. If the sheriff determines that a professional bonding company36 is an acceptable surety, the rules and regulations shall require, but shall not be limited to,37 the following:38 (A) Complete documentation showing the composition of the comp any to be an39 individual, a trust, or a group of individuals, whether or not formed as a partnership or40 H. B. 1131 - 2 - 26 HB 1131/AP other legal entity, or a corporation or a combination of indivi duals, trusts, and41 corporations;42 (B) Complete documentation for all employees, agents, or indiv iduals authorized to43 sign or act on behalf of the bonding company;44 (C) Complete documentation showing that the company holds a valid business license45 in the jurisdiction where bonds will be written;46 (D) Fingerprints and background checks of every individual who acts as a professional47 bondsperson as defined in Code Section 17-6-50 for the professional bonding company48 seeking approval;49 (E) Establishment of a cash escrow account or other form of collateral as follows:50 (i) For any professional bonding company that is new to the co unty or that has51 operated continuously in the county for less than 18 months, in an amount and upon52 terms and conditions as determined and approved by the sheriff;53 (ii) Once a professional bonding company has operated continuously for 18 months54 or longer in the county, then any such cash escrow account or other form of collateral55 shall not exceed 5 percent of the current outstanding bail bond liability of the56 professional bonding company and such cash escrow account shall not be required to57 have on deposit an amount in excess of $1,000,000.00$500,000.00; and58 (iii) No professional bonding company shall purchase an insurance policy in lieu of59 establishing a cash escrow account or posting other collateral; provided, however, that60 any professional bonding company which was using an insurance policy as collateral61 as of December 31, 2013, may continue to do so at the discretion of the sheriff.62 (F) Establishment of application, approval, and reporting proc edures for the63 professional bonding company deemed appropriate by the sheriff which satisfy all rules64 and regulations required by the laws of this state and the rule s and regulations65 established by the sheriff;66 H. B. 1131 - 3 - 26 HB 1131/AP (G) Applicable fees to be paid by the applicant to cover the cost of copying the rules67 and regulations and processing and investigating all applicatio ns and all other costs68 relating thereto; or69 (H) Additional criteria and requirements for approving and reg ulating bonding70 companies to be determined at the discretion of the sheriff.71 (2) This Code section shall not be construed to require a sheriff to accept a professional72 bonding company or bondsperson as a surety.73 (3) This Code section shall not be construed to prevent the posting of real property bonds74 and the sheriff may not prohibit the posting of property bonds. Additional requirements75 for the use of real property may be determined at the discretion of the sheriff. The sheriff76 shall not prohibit a nonresident of the county from posting a real property bond if such77 real property is located in the county in which it is offered as bond and if such property78 has sufficient unencumbered equity to satisfy the sheriff's pos ted rules and regulations79 as to acceptable sureties.80 (4) No more than three cash bonds may be posted per year by an y individual,81 corporation, organization, charity, nonprofit corporation, or g roup in any jurisdiction. 82 Every individual, corporation, organization, charity, nonprofit corporation, or group that83 purports to be a charitable bail fund with the purpose of solic iting donations to use for84 securing the release of accused persons shall be required to su bmit to the same85 requirements as any professional surety company, including, wit hout limitation, the86 requirements set forth in paragraph (1) of this subsection and Code Sections 17-6-50,87 17-6-50.1, and 17-6-51. This paragraph shall not apply to a natural person posting a cash88 bond on behalf of an immediate family member.89 (5) Prosecuting attorneys and the Attorney General shall have concurrent authority to90 prosecute any violation of paragraph (4) of this subsection.91 (6) Any person or entity who violates any part of paragraph (4) of this subsection shall92 be guilty of a misdemeanor.93 H. B. 1131 - 4 - 26 HB 1131/AP (c) This Code section shall not abrogate or repeal the common-law authority of the judge94 having jurisdiction."95 SECTION 4.96 All laws and parts of laws in conflict with this Act are repealed.97 H. B. 1131 - 5 -