reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 6 - BONDS AND RECOGNIZANCES (§§ 17-6-1 — 17-6-114) › Article 1 - GENERAL PROVISIONS (§§ 17-6-1 — 17-6-18) › Section 17-6-4 - Authorization of posting of cash bonds generally; furnishing of receipt to person posting bond; recordation of receipt of bond on docket; disposal of unclaimed bonds

(a)
Any party, defendant, accused, or other person required or permitted by law to give or post bond (or bail) as surety or security for the happening of any event or act in criminal matters may discharge the requirement by depositing cash in the amount of the bond so required with the appropriate person, official, or other depository.
(b)
Any official or other person receiving any such bond shall give a receipt therefor and shall cause the fact of the receipt to be entered and recorded on the docket of the case in which it was given. If bond is given in a matter not appearing as a separate court case on a docket, a docket shall be prepared, maintained, and kept of all such transactions and the name and address of the person giving or making the bond, the date of the receipt of the bond, the name of the person receiving the bond, the amount of the bond, and a description of the cause for giving the bond, together with any and all other information desirable concerning the bond, shall be a part of the record in that separate docket.
(c)
In the event that any cash bail posted pursuant to this Code section or Code Section
17-6-5
is not later claimed by the surety on such bond after a period of two years from the earlier of either the date of the surety being released from liability pursuant to Code Section
17-6-31
or the date of disposition of the case by the prosecutor or the court, including any appeal of a verdict or sentence, then the cash shall be paid into the general fund of the county having trial venue of the case, as in the case of forfeited cash bonds, provided that the officer who is in possession of such cash bail shall first have notified the surety, by mailing notice to such surety at the last address given by such surety, that such funds shall be forfeited if they are not claimed within 90 days following the date of mailing of such notice. Any claim by a surety for refund of a cash bail shall include acceptable documentary proof of disposition of the case from the prosecuting official or appropriate court records or such other documentation as may be acceptable to the official holding such cash bail as proof that the case has been settled.
Amended by 2020 Ga. Laws 520,§ 1, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 6 - BONDS AND RECOGNIZANCES (§§ 17-6-1 — 17-6-114) › Article 1 - GENERAL PROVISIONS (§§ 17-6-1 — 17-6-18) › Section 17-6-5 - Acceptance of cash bonds for certain offenses; authorization

Any sheriff, deputy sheriff, county peace officer, or other county officer charged with the duty of enforcing the laws of this state relating to:
(1)
Traffic or the operation or licensing of motor vehicles or operators;
(2)
The width, height, or length of vehicles and loads;
(3)
Motor common carriers and motor contract carriers;
(4)
Commercial vehicle or driver safety;
(5)
Hazardous materials transportation;
(6)
Motor carrier insurance or registration;
(7)
Road taxes on motor carriers as provided in Article 2 of Chapter 9 of Title 48;
(8)
Game and fish;
(9)
Boating; or
(10)
Litter control
who makes an arrest outside the corporate limits of any municipality of this state for a violation of said laws and who is authorized, as provided herein by a court of record having jurisdiction over such offenses, to accept cash bonds may accept a cash bond from the person arrested in lieu of a statutory bond or recognizance. No such officer shall accept a cash bond unless he or she is authorized to receive cash bonds in such cases by an order of the court having jurisdiction over such offenses and unless such order has been entered on the minutes of the court. Any such order may be granted, revoked, or modified by the court at any time.
Amended by 2011 Ga. Laws 119,§ 2, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 6 - BONDS AND RECOGNIZANCES (§§ 17-6-1 — 17-6-114) › Article 1 - GENERAL PROVISIONS (§§ 17-6-1 — 17-6-18) › Section 17-6-6 - Clerk of court or judge to provide cash receipt book; furnishing of copies of receipt; disposition of original receipt and bond

Other laws to the contrary notwithstanding, when an order is passed as provided for in Code Section
17-6-5
authorizing an officer to accept cash bonds, it shall be the duty of the clerk of the court, if there is one, or, if there is no clerk, the judge passing the order to furnish the officer or officers authorized under the order with a book of blank receipts, consecutively numbered in triplicate and readily distinguishable and identifiable. The receipts shall be completed by the officers when making an arrest and accepting a cash bond so as to show the name of the person arrested, date of arrest, nature of the offense, amount of the cash bond given, and the name of the arresting officer. The arresting officer or the person receiving the cash bond shall deliver a copy of the receipt to the person arrested at the time the cash bond is given and shall file the original receipt together with the cash bond with the clerk, or judge, as the case may be, of the court having jurisdiction of the offense not later than the next succeeding business day of such clerk or judge following the date of issuance of the receipt. The remaining copy of the receipt shall be mailed to the commissioner of public safety.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 6 - BONDS AND RECOGNIZANCES (§§ 17-6-1 — 17-6-114) › Article 1 - GENERAL PROVISIONS (§§ 17-6-1 — 17-6-18) › Section 17-6-7 - Liability of arresting officer for failure to account for cash receipts and bonds

All receipts issued to arresting officers and all cash bonds received under Code Sections
17-6-5
and
17-6-6
shall be accounted for by the receiving officers to the court from which the receipts were issued and, in the event that any such officer fails to account for same, he shall be personally liable for any default and may be punished as for contempt by the court, in addition to any other penalties which are provided for by law in such cases.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 6 - BONDS AND RECOGNIZANCES (§§ 17-6-1 — 17-6-114) › Article 1 - GENERAL PROVISIONS (§§ 17-6-1 — 17-6-18) › Section 17-6-8 - Proceedings upon failure of person arrested to appear; forfeiture of bond not a bar to subsequent prosecution

If any person arrested for a misdemeanor arising out of a violation of the laws of this state relating to:
(1)
Traffic or the operation or licensing of motor vehicles or operators;
(2)
The width, height, or length of vehicles and loads;
(3)
Motor common carriers and motor contract carriers;
(4)
Commercial vehicle or driver safety;
(5)
Hazardous materials transportation;
(6)
Motor carrier insurance or registration;
(7)
Road taxes on motor carriers as provided in Article 2 of Chapter 9 of Title 48;
(8)
Game and fish;
(9)
Boating; or
(10)
Litter control
gives a cash bond for his or her appearance as provided in Code Section
17-6-5
and fails to appear on the date, time, and place specified in the citation or summons without legal excuse, the court may order said cash bond forfeited without the necessity of complying with the statutory procedure provided for in the forfeiture of statutory bail bonds. A judgment ordering the case disposed of and settled may be entered by the court and the proceeds shall be applied in the same manner as fines. If the court does not enter a judgment ordering the case disposed of and settled, the forfeiture of the cash bond shall not be a bar to subsequent prosecution of the person charged with the violation of such laws.
Amended by 2011 Ga. Laws 119,§ 3, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 6 - BONDS AND RECOGNIZANCES (§§ 17-6-1 — 17-6-114) › Article 1 - GENERAL PROVISIONS (§§ 17-6-1 — 17-6-18) › Section 17-6-9 - Acceptance of cash bonds in lieu of statutory bond or recognizance by officers or officials authorized to enforce "Comprehensive Litter Prevention and Abatement Act of 2006."

Any law enforcement officer or official of a political subdivision of this state who is authorized to enforce Part 2 of Article 2 of Chapter 7 of Title 16 and who is authorized by the judge having jurisdiction of the offense to accept cash bonds may accept a cash bond for the personal appearance at trial of the person arrested in lieu of a statutory bond or recognizance. The procedures connected with such cash bonds, including, but not limited to, duties of the arresting officer, forfeiture, distribution of proceeds, and discretion of court as to disposal of the cash bond, shall be the same procedures applicable to arrest by a sheriff for a violation of any litter law.
Amended by 2006 Ga. Laws 538,§ 3-7, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 6 - BONDS AND RECOGNIZANCES (§§ 17-6-1 — 17-6-114) › Article 1 - GENERAL PROVISIONS (§§ 17-6-1 — 17-6-18) › Section 17-6-10 - Acceptance of cash bonds for violations of ordinances or other offenses against municipalities; issuance of receipt; designated officials; effect of failure to appear in court; applicability to municipalities having similar provisions

(a)
All mayors or chief governing officers or their designated official or officials of municipalities are authorized to accept a cash bond for the personal appearance in court of any person charged with a violation of an ordinance or other offense against the municipality. The officer assessing and accepting a cash bond shall issue a receipt for the bond to the person charged with the violation.
(b)
When any mayor or chief governing officer of any municipality of this state designates any municipal official to accept cash bonds under subsection (a) of this Code section, the delegation of authority shall be in writing and filed in the records of the municipality.
(c)
Any person charged with a violation of an ordinance or other offense against a municipality who gives a cash bond for his personal appearance in court at a designated time and place and who fails to appear at said time and place shall forfeit the cash bond upon the call of the case for trial. It shall not be necessary for the municipality to take any further action to forfeit the cash bond. Forfeiture of a cash bond shall not be a bar to a subsequent prosecution of the accused for the violation.
(d)
This Code section shall not apply to municipalities having provisions in their charters with reference to the subject matter of this Code section.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 6 - BONDS AND RECOGNIZANCES (§§ 17-6-1 — 17-6-114) › Article 1 - GENERAL PROVISIONS (§§ 17-6-1 — 17-6-18) › Section 17-6-13 - First bail for offense permitted as matter of right; subsequent bails to be in discretion of court

Except as otherwise provided in this chapter, each person who is entitled to bail under this article shall be permitted one bail for the same offense as a matter of right. Subsequent bails shall be in the discretion of the court.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 6 - BONDS AND RECOGNIZANCES (§§ 17-6-1 — 17-6-114) › Article 1 - GENERAL PROVISIONS (§§ 17-6-1 — 17-6-18) › Section 17-6-14 - Use of bail bond posted for preliminary hearing for trial appearance; applicability to federal proceedings; proceedings in county other than where commitment hearing held; effect where bail bond required is less than bond originally posted

(a)
When a person posts bail bond prior to a preliminary or commitment hearing and is later bound over to another court for trial, the original bail bond shall not terminate but shall be valid to provide for the person's appearance at the trial of the case unless the amount of the bail is set higher by lawful authority, in which case new bail bond shall be posted.
(b)
Nothing contained in subsection (a) of this Code section shall apply to any proceedings in which any federal court or United States commissioner is involved. Subsection (a) of this Code section shall apply only to those instances wherein the person required to post a bail bond shall be bound over to a court or grand jury of the same county wherein the committing court exercised its jurisdiction. Subsection (a) of this Code section shall not apply to those instances where a person is bound over to two or more courts or grand juries.
(c)
Nothing contained in subsection (a) of this Code section shall be construed to require an additional bail bond in the event the court to which the person has been committed requires a lesser bail bond than the bond originally posted.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 6 - BONDS AND RECOGNIZANCES (§§ 17-6-1 — 17-6-114) › Article 1 - GENERAL PROVISIONS (§§ 17-6-1 — 17-6-18) › Section 17-6-16 - Entry of memorandum on warrant after waiver of commitment hearing and tender of bail

If the accused person waives a commitment hearing and tenders bail, a memorandum of these facts shall be entered on the warrant by the person authorized to accept bail; and this waiver may be done by the person charged before arrest and, when done, shall operate as a supersedeas.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 6 - BONDS AND RECOGNIZANCES (§§ 17-6-1 — 17-6-114) › Article 1 - GENERAL PROVISIONS (§§ 17-6-1 — 17-6-18) › Section 17-6-17 - Bond or recognizance to be conditioned on appearance of person accused of crime at arraignment; proceedings upon failure of accused to appear

In addition to all other requirements prescribed for appearance bonds or recognizances, the appearance bond or recognizance given by a person accused of the commission of a crime shall be conditioned upon the person presenting himself before the court at the time fixed for his arraignment. Upon failure of a person charged with a penal offense to appear before the court at the time fixed for his arraignment, the prosecuting attorney may proceed to forfeit the bond or recognizance.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 6 - BONDS AND RECOGNIZANCES (§§ 17-6-1 — 17-6-114) › Article 1 - GENERAL PROVISIONS (§§ 17-6-1 — 17-6-18) › Section 17-6-18 - Amendment of bonds and giving of new security

All bonds taken under requisition of law in the course of a judicial proceeding may be amended and new security given if necessary.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 6 - BONDS AND RECOGNIZANCES (§§ 17-6-1 — 17-6-114) › Article 2 - SURETIES (§§ 17-6-30 — 17-6-58) › Part 1 - GENERAL PROVISIONS (§§ 17-6-30 — 17-6-31) › Section 17-6-30 - Fees of sureties

(a)
Sureties on criminal bonds in any court shall not charge or receive more than 15 percent of the face amount of the bond set, which amount includes the principal and all applicable surcharges, as compensation from defendants or from anyone acting for defendants; provided, however, that a surety may charge and receive a minimum of $50.00 per bonded charge or offense as compensation, regardless of whether such compensation exceeds 15 percent of the face amount of any bond set.
(b)
Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor.
Amended by 2014 Ga. Laws 577,§ 3-2, eff. 7/1/2014.
Amended by 2006 Ga. Laws 581,§ 1, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 6 - BONDS AND RECOGNIZANCES (§§ 17-6-1 — 17-6-114) › Article 2 - SURETIES (§§ 17-6-30 — 17-6-58) › Part 1 - GENERAL PROVISIONS (§§ 17-6-30 — 17-6-31) › Section 17-6-31 - Surrender of principal by surety; forfeiture of bond; death of principal

(a)
When the court is not in session, a surety on a bond may surrender the surety's principal to the sheriff or to the responsible law enforcement officer of the jurisdiction in which the case is pending in order to be released from liability. If the sheriff or the responsible law enforcement officer of the jurisdiction refuses such surrender, the surety shall be released from liability.
(b)
When the court is in session, a surety on a bond may surrender the surety's principal in open court.
(c)
The principal shall also be considered surrendered by plea of guilty or nolo contendere to the court or if the principal is present in person when the jury or judge, if tried without a jury, finds the principal guilty or if the judge dead dockets the case prior to entry of judgment and, upon such plea or finding of guilty or dead docketing, the surety shall be released from liability.
(d)
(1)
Furthermore, the surety shall be released from liability if, prior to entry of judgment, there is:
(A)
A deferred sentence;
(B)
A presentence investigation;
(C)
Entry into a pretrial intervention and diversion program;
(D)
Entry into an educational and rehabilitation program;
(E)
A fine;
(F)
A dead docket;
(G)
Death of the principal;
(H)
Participation in an accountability court; or
(I)
Entry into a pretrial release program.
(2)
Furthermore, the surety shall be released from liability at the discretion of the court if
t h e principal used a false name when he or she was bound over and committed to jail or a correctional institution and was subsequently released from such facility unless the surety knew or had reason to know that the principal used a false name
.
(e)
If the prosecuting attorney does not try the charges against a defendant within a period of two years in the case of felonies and one year in the case of misdemeanors after the date of posting bond, then judgment rendered after such period may not be enforced against the surety on the bond and the surety shall thereafter be relieved of liability on the bond. This subsection shall not apply where the prosecuting attorney's failure to try the charges is due to the fault of the principal.
(f)
No judgment shall be rendered on any appearance bond if it is shown to the satisfaction of the court that the surety was prevented from returning the principal to the jurisdiction because such principal was on active military duty.
Amended by 2024 Ga. Laws 507,§ 5, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 6 - BONDS AND RECOGNIZANCES (§§ 17-6-1 — 17-6-114) › Article 2 - SURETIES (§§ 17-6-30 — 17-6-58) › Part 2 - PROFESSIONAL BONDSMEN (§§ 17-6-50 — 17-6-58) › Section 17-6-50 - Persons deemed professional bondsmen; criminal background investigation information to be provided to clerk of court

(a)
Bondsmen or persons who hold themselves out as signers or sureties of bonds for compensation are declared to be professional bondsmen.
(b)
A professional bondsperson is one who holds himself or herself out as a signer or surety of bonds for compensation who must meet the following qualifications:
(1)
Is 18 years of age or over;
(2)
Is a resident of the State of Georgia for at least one year before making application to write bonds;
(3)
Is a person of good moral character and has not been convicted of a felony or any crime involving moral turpitude; and
(4)
Is approved by the sheriff and remains in good standing with respect to all applicable federal, state, and local laws and all rules and regulations established by the sheriff in the county where the bonding business is conducted.
(c)
The sheriff of the county in which the bonding business is conducting business or is seeking approval to conduct business shall initiate a criminal background investigation to ensure that a professional bondsman has not been convicted of a felony or a crime involving moral turpitude in this state or any other jurisdiction. The sheriff shall require the professional bondsman to furnish two full sets of fingerprints which the sheriff shall submit to the Georgia Crime Information Center. The center shall submit a full set of fingerprints to the Federal Bureau of Investigation for a national criminal history record check.
(d)
It shall be the duty of each professional bondsman approved by the sheriff in accordance with this part to provide the clerk of each court before which one or more of such professional bondsman's principals are required to appear with the business name, complete address, telephone number, and e-mail address of the chief operating officer or his or her designee of such professional bondsman for the purpose of receiving any notices that may be sent pursuant to Code Section
17-6-71
. Each professional bondsman shall have the duty to keep such information current and accurate. It shall be the duty of each clerk of court to keep, maintain, and update such information as provided by a professional bondsman.
Amended by 2009 Ga. Laws 137,§ 1, eff. 5/5/2009.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 6 - BONDS AND RECOGNIZANCES (§§ 17-6-1 — 17-6-114) › Article 2 - SURETIES (§§ 17-6-30 — 17-6-58) › Part 2 - PROFESSIONAL BONDSMEN (§§ 17-6-50 — 17-6-58) › Section 17-6-50.1 - Continuing education programs for professional bondsmen; fee; annual requirement; certificate of completion

(a)
The Georgia Association of Professional Bondsmen shall approve continuing education programs offered by professional associations, educational institutions, government agencies, and others as deemed appropriate for professional bondsmen to attend.
(b)
The fee for continuing education programs for professional bondsmen shall not exceed $250.00 annually.
(c)
Professional bondsmen shall be required to obtain eight hours of continuing education annually.
(d)
On or before January 31 of each year, each professional bondsman shall submit a certificate of completion of eight hours of approved continuing education to the individual or department which is responsible for issuing bail bonds for each jurisdiction in which he or she is doing business.
Amended by 2015 Ga. Laws 192,§ 1, eff. 7/1/2015.
Added by 2002 Ga. Laws 802, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 6 - BONDS AND RECOGNIZANCES (§§ 17-6-1 — 17-6-114) › Article 2 - SURETIES (§§ 17-6-30 — 17-6-58) › Part 2 - PROFESSIONAL BONDSMEN (§§ 17-6-50 — 17-6-58) › Section 17-6-51 - Suggesting employment of attorneys during negotiations regarding signing of bond or any time subsequent thereto

Professional bondsmen, their agents, or representatives shall not suggest or advise the employment of or name for employment any attorney or attorneys to represent a defendant, during the negotiations for the bondsmen to sign the bond or subsequent thereto.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 6 - BONDS AND RECOGNIZANCES (§§ 17-6-1 — 17-6-114) › Article 2 - SURETIES (§§ 17-6-30 — 17-6-58) › Part 2 - PROFESSIONAL BONDSMEN (§§ 17-6-50 — 17-6-58) › Section 17-6-52 - Soliciting business or loitering around jails or courts to solicit business; giving of advice by law enforcement officers as to services of professional bondsmen

Professional bondsmen, their agents, or employees shall not solicit business as bondsmen or loiter about or around jails, places where prisoners are confined, or the courts for the purpose of engaging in or soliciting business as such bondsmen. No state or municipal law enforcement officer or keeper or employee of a penal institution may suggest to or give advice to, in any manner whatsoever, any prisoner regarding the services of a professional bondsman to write a criminal bond for the appearance of a prisoner in any court at any time.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 6 - BONDS AND RECOGNIZANCES (§§ 17-6-1 — 17-6-114) › Article 2 - SURETIES (§§ 17-6-30 — 17-6-58) › Part 2 - PROFESSIONAL BONDSMEN (§§ 17-6-50 — 17-6-58) › Section 17-6-53 - Giving advice or directions to defendants who are principals in bonds regarding defense or disposition of cases

Professional bondsmen, their agents, or employees shall not advise defendants who are principals in bonds signed by them or give any directions in the defense or disposition of the cases in which they sign bonds.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 6 - BONDS AND RECOGNIZANCES (§§ 17-6-1 — 17-6-114) › Article 2 - SURETIES (§§ 17-6-30 — 17-6-58) › Part 2 - PROFESSIONAL BONDSMEN (§§ 17-6-50 — 17-6-58) › Section 17-6-54 - No further compensation after becoming surety; when sum received to be returned to defendant; right to surrender defendant and to keep sum paid when defendant forfeits

(a)
No professional bondsman or his or her agents or employees who receive compensation for becoming the surety on a criminal bond shall thereafter receive any other sum in the case as compensation. If the surety surrenders a defendant into the custody of the court, the sheriff, or another law enforcement officer in the jurisdiction where the bond was made before final disposition of the case, the surety is required to return to the principal the compensation received for signing the bond as surety if such surrender of the defendant is for reasons other than:
(1)
The defendant's arrest for a crime other than a traffic violation or local ordinance violation;
(2)
The defendant's cosigner attests in writing the desire to be released from the bond;
(3)
The defendant fails to provide to the surety the defendant's change of address;
(4)
The defendant fails to pay any fee due to the surety after being notified that the same is past due;
(5)
The defendant fails to notify the surety upon leaving the jurisdiction of the court; or
(6)
The defendant provides false information to the surety.
(b)
In the event of a forfeiture on the bond by the defendant, the surety shall have the right to surrender into custody the defendant who is the principal on the bond without returning any compensation paid by the defendant for the signing of the bond.
Amended by 2024 Ga. Laws 507,§ 6, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 6 - BONDS AND RECOGNIZANCES (§§ 17-6-1 — 17-6-114) › Article 2 - SURETIES (§§ 17-6-30 — 17-6-58) › Part 2 - PROFESSIONAL BONDSMEN (§§ 17-6-50 — 17-6-58) › Section 17-6-55 - Penalty for violation of part

Any person who violates any Code section in this part shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 6 - BONDS AND RECOGNIZANCES (§§ 17-6-1 — 17-6-114) › Article 2 - SURETIES (§§ 17-6-30 — 17-6-58) › Part 2 - PROFESSIONAL BONDSMEN (§§ 17-6-50 — 17-6-58) › Section 17-6-56 - Bail recovery agents; requirements; registration

(a)
As used in this Code section and Code Sections
17-6-57
and
17-6-58
, the term "bail recovery agent" means any person who performs services or takes action for the purpose of apprehending the principal on a bail bond granted in this state or capturing a fugitive who has escaped from bail in this state for gratuity, benefit, or compensation.
(b)
A bail recovery agent must be a United States citizen, 25 years of age or older, and must obtain a license pursuant to Code Section
16-11-129
.
(c)
Any sheriff of a county shall require any professional bondsman who is a resident of or doing business in the sheriff's county to register his or her bail recovery agents in that county. The professional bondsman must submit to the sheriff, in a form and manner to be determined by the sheriff, a list of all bail recovery agents whose services may be used by such bondsman.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 6 - BONDS AND RECOGNIZANCES (§§ 17-6-1 — 17-6-114) › Article 2 - SURETIES (§§ 17-6-30 — 17-6-58) › Part 2 - PROFESSIONAL BONDSMEN (§§ 17-6-50 — 17-6-58) › Section 17-6-56.1 - Continuing education programs for bail recovery agents; fee; annual requirement; certificate of completion

(a)
The Georgia Association of Professional Bondsmen shall approve continuing education programs offered by professional associations, educational institutions, government agencies, and others as deemed appropriate for bail recovery agents to attend.
(b)
The fee for continuing education programs for bail recovery agents shall not exceed $250.00 annually.
(c)
Bail recovery agents shall be required to obtain eight hours of continuing education annually.
(d)
On or before January 31 of each year, each bail recovery agent shall submit a certificate of completion of eight hours of approved continuing education to the individual or department which is responsible for issuing bail bonds for each jurisdiction in which he or she is doing business.
Amended by 2024 Ga. Laws 507,§ 7, eff. 7/1/2024.
Added by 2002 Ga. Laws 802, § 2, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 6 - BONDS AND RECOGNIZANCES (§§ 17-6-1 — 17-6-114) › Article 2 - SURETIES (§§ 17-6-30 — 17-6-58) › Part 2 - PROFESSIONAL BONDSMEN (§§ 17-6-50 — 17-6-58) › Section 17-6-57 - Bail recovery agents; notification to local police; out-of-state agents; identification card

(a)
Any bail recovery agent who enters any local police jurisdiction in pursuit of and for the purpose of apprehending the principal on a bail bond or capturing a fugitive or engaging in surveillance of such principal or fugitive shall, prior to taking any action in his or her capacity as a bail recovery agent in that local police jurisdiction, notify by facsimile transmission or telephone the sheriff and police chief of the local police jurisdiction in which the surveillance, apprehension, or capture is to take place unless it is to take place in public.
(b)
An out-of-state bail recovery agent shall submit proof to the sheriff or police chief that he or she is qualified to be a bail recovery agent under the requirements of his or her home state. An out-of-state bail recovery agent shall deliver a certified copy of the bail bond or of the forfeiture or failure to appear to the sheriff or chief of police. Such out-of-state bail recovery agent, if not qualified in his or her home state or if his or her home state does not require bail recovery agents to be qualified, shall employ a Georgia bail recovery agent who is lawfully registered pursuant to this part.
(c)
Each professional bondsman shall issue a uniform identification card to each bail recovery agent registered by the professional bondsman which identification card shall include the bail recovery agent's name, height, weight, address, photograph, and signature. The identification card shall also include the signature of the professional bondsman who has registered the bail recovery agent as required in subsection (c) of Code Section
17-6-56
. A bail recovery agent shall be required to carry such identification card while acting in the capacity as a bail recovery agent.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 6 - BONDS AND RECOGNIZANCES (§§ 17-6-1 — 17-6-114) › Article 2 - SURETIES (§§ 17-6-30 — 17-6-58) › Part 2 - PROFESSIONAL BONDSMEN (§§ 17-6-50 — 17-6-58) › Section 17-6-58 - Penalty for violation; liability

(a)
Any bail recovery agent who fails to register with the local sheriff or who is otherwise unqualified to act as a bail recovery agent but who nonetheless attempts to apprehend or capture a principal on a bail bond or a fugitive or who succeeds in apprehending or capturing such person shall be guilty of a misdemeanor upon conviction for the first violation and shall be guilty of a felony upon conviction for the second and all subsequent violations punishable by imprisonment for not less than one nor more than five years.
(b)
Any bondsman or bonding company owner, surety, or agent who hires a bail recovery agent who is not qualified to act as a bail recovery agent pursuant to Code Sections
17-6-56
and
17-6-57
shall be guilty of a misdemeanor upon conviction for the first violation and shall be guilty of a felony upon conviction for the second and all subsequent violations punishable by imprisonment for not less than one nor more than five years, or a fine of not more than $10,000.00, or both.
(c)
No bail recovery agent shall wear, carry, or display any uniform, badge, shield, card, or other item with any printing, insignia, or emblem that purports to indicate that such bail recovery agent is an employee, officer, or agent of any state or federal government or any political subdivision of any state or federal government. A violation of this subsection shall be punished upon conviction as a felony punishable by imprisonment for not less than one nor more than five years, or a fine of not more than $10,000.00, or both.
(d)
A bail recovery agent who enters the wrong property, causes damage to said property, or causes injury to anyone thereon is liable for all damages.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 6 - BONDS AND RECOGNIZANCES (§§ 17-6-1 — 17-6-114) › Article 3 - PROCEEDINGS FOR FORFEITURE OF BONDS OR RECOGNIZANCES (§§ 17-6-70 — 17-6-73) › Section 17-6-70 - When forfeiture occurs

(a)
A bond forfeiture occurs at the end of the court day upon the failure of appearance of a principal of any bond or recognizance given for the appearance of that person.
(b)
An appearance bond shall not be forfeited unless the clerk of the court gave the surety at least 72 hours' written notice, exclusive of Saturdays, Sundays, and legal holidays, before the time of the required appearance of the principal. Notice shall not be necessary if the time for appearance is within 72 hours from the time of arrest, provided the time for appearance is stated on the bond.
Amended by 2024 Ga. Laws 507,§ 8, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 6 - BONDS AND RECOGNIZANCES (§§ 17-6-1 — 17-6-114) › Article 3 - PROCEEDINGS FOR FORFEITURE OF BONDS OR RECOGNIZANCES (§§ 17-6-70 — 17-6-73) › Section 17-6-71 - Execution hearing on failure of principal to appear

(a)
The judge shall, at the end of the court day, upon the failure of the principal to appear, forfeit the bond and issue a bench warrant for the principal's arrest. If the forfeiture and bench warrant are not issued and signed within ten days of the failure to appear, the surety shall be relieved of liability on the appearance bond. Upon forfeiting the bond, the judge shall order an execution hearing not sooner than 150 days but not later than 180 days after such failure to appear. Notice of the execution hearing and a copy of the bench warrant shall be served by the clerk of the court in which the bond forfeiture occurred within ten days of such failure to appear by certified mail, return receipt requested, or by electronic means as provided in Code Section
17-6-50
to the surety at the address listed on the bond or by personal service to the surety within ten days of such failure to appear at its home office or to its designated registered agent. Service shall be considered complete upon the mailing of such certified notice. Such ten-day notice shall be adhered to strictly. If notice of the execution hearing and bench warrant are not served as specified in this subsection, the surety shall be relieved of liability on the appearance bond.
(b)
If at the execution hearing it is determined that judgment should be entered, the judge shall so order and a writ of fieri facias shall be filed in the office of the clerk of the court where such judgment is entered. Notice of the judgment shall be served by the clerk of the court in which entry of judgment occurred within ten days of such entry by certified mail, return receipt requested, or by electronic means as provided in Code Section
17-6-50
to the surety at the address listed on the bond or by personal service to the surety within ten days of such entry of judgment at its home office or to its designated registered agent. Service shall be considered complete upon the mailing of such certified notice. Such ten-day notice shall be adhered to strictly. If the notice of the judgment is not served in the time frame as specified in this subsection, the surety shall be relieved of liability on the appearance bond, the judgment shall be marked satisfied, and the writ of fieri facias shall be canceled. The provisions of this subsection shall apply to all bail bonds, whether returnable to superior court, state court, probate court, magistrate court, or municipal court.
Amended by 2024 Ga. Laws 507,§ 9, eff. 7/1/2024.
Amended by 2015 Ga. Laws 192,§ 2, eff. 7/1/2015.
Amended by 2009 Ga. Laws 137,§ 2, eff. 5/5/2009.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 6 - BONDS AND RECOGNIZANCES (§§ 17-6-1 — 17-6-114) › Article 3 - PROCEEDINGS FOR FORFEITURE OF BONDS OR RECOGNIZANCES (§§ 17-6-70 — 17-6-73) › Section 17-6-73 - Address of principal and surety on bond or recognizance

Every bond or recognizance given to secure the appearance of any person in any criminal proceeding shall have entered thereon the mailing address of the principal and each surety.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 6 - BONDS AND RECOGNIZANCES (§§ 17-6-1 — 17-6-114) › Article 4 - BONDS FOR GOOD BEHAVIOR AND TO KEEP THE PEACE (§§ 17-6-90 — 17-6-114) › Part 1 - BONDS FOR GOOD BEHAVIOR (§§ 17-6-90 — 17-6-94) › Section 17-6-90 - Issuance of notice to appear for show cause hearing; requirement of bond; hearing; payment of court costs by affiant; issuance of order of arrest

(a)
Any judicial officer authorized to hold a court of inquiry may, upon the application of others under oath or upon his or her own motion, issue a notice to appear for a show cause hearing to any person whose conduct in the county is sufficient to justify the belief that the safety of any one or more persons in the county or the peace or property of the same is in danger of being injured or disturbed thereby. Such show cause hearing shall be held within seven days of such application or motion. Upon sufficient cause being shown, the court may require from the person a bond with sureties for such person's good behavior with reasonable conditions to ensure the safety of persons or property in the county or the preservation of the peace of the county for a period of up to six months.
(b)
All bonds posted under this Code section shall be returnable in the court which required the bond and shall be amendable in the court's discretion.
(c)
If it is determined at a hearing that there was not sufficient cause for a hearing to have been held, the affiant who caused the bond to be imposed shall pay all court costs.
(d)
At the time of or at any time after the filing of an application as provided in subsection (a) of this Code section, the judicial officer may, in his or her sound discretion, issue an order of arrest for the person or persons named in the application if the sworn allegations regarding the conduct of such person or persons is sufficient to justify the belief that there is imminent danger of injury to any person in the county, damage to any property in the county, or disturbance of the peace of the county. Upon the arrest of such person, a hearing as provided in subsection (a) of this Code section shall be held within 24 hours; otherwise, such person shall be released on bond with sureties and reasonable conditions for his or her good behavior until a hearing can be held.
(e)
As used in this Code section, the term "county" means the county in which the judicial officer is authorized to hold a court of inquiry.
Amended by 2013 Ga. Laws 179,§ 3, eff. 7/1/2013.
Amended by 2007 Ga. Laws 250,§ 1, eff. 7/1/2007.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 6 - BONDS AND RECOGNIZANCES (§§ 17-6-1 — 17-6-114) › Article 4 - BONDS FOR GOOD BEHAVIOR AND TO KEEP THE PEACE (§§ 17-6-90 — 17-6-114) › Part 1 - BONDS FOR GOOD BEHAVIOR (§§ 17-6-90 — 17-6-94) › Section 17-6-91 - Extension of bond by court; right of sureties to surrender principal

A bond for good behavior posted pursuant to Code Section
17-6-90
may be extended for a period of six months by the court which required the bond. The sureties on the bond shall have the privilege of surrendering their principal as in other cases of bail.
Renumbered from §
17-6-93
and amended by 2013 Ga. Laws 179,§ 3, eff. 7/1/2013.
Repealed by 2013 Ga. Laws 179,§ 3, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 6 - BONDS AND RECOGNIZANCES (§§ 17-6-1 — 17-6-114) › Article 4 - BONDS FOR GOOD BEHAVIOR AND TO KEEP THE PEACE (§§ 17-6-90 — 17-6-114) › Part 1 - BONDS FOR GOOD BEHAVIOR (§§ 17-6-90 — 17-6-94) › Section 17-6-92 - Violation of bond; contempt of court

Upon oral or written complaint by the injured party or upon motion by the prosecuting attorney, the court may, in its discretion, issue a rule for contempt against a party who violates the bond posted pursuant to Code Section
17-6-90
. Upon hearing the rule, if the court finds that there has been a violation of the bond, the court may impose a sentence for contempt of court. If it should appear to the court from the evidence and the court finds that the violation of the bond was provoked or brought about by the conduct of the prosecuting witness, the witness, after notice and the opportunity for a hearing, may be ruled for contempt of court and sentenced as provided by law.
Renumbered from §
17-6-94
and amended by 2013 Ga. Laws 179,§ 3, eff. 7/1/2013.
Repealed by 2013 Ga. Laws 179,§ 3, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 6 - BONDS AND RECOGNIZANCES (§§ 17-6-1 — 17-6-114) › Article 4 - BONDS FOR GOOD BEHAVIOR AND TO KEEP THE PEACE (§§ 17-6-90 — 17-6-114) › Part 1 - BONDS FOR GOOD BEHAVIOR (§§ 17-6-90 — 17-6-94) › Section 17-6-93 - [Renumbered] Redesignated

Renumbered as §
17-6-91
by 2013 Ga. Laws 179,§ 3, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 6 - BONDS AND RECOGNIZANCES (§§ 17-6-1 — 17-6-114) › Article 4 - BONDS FOR GOOD BEHAVIOR AND TO KEEP THE PEACE (§§ 17-6-90 — 17-6-114) › Part 1 - BONDS FOR GOOD BEHAVIOR (§§ 17-6-90 — 17-6-94) › Section 17-6-94 - [Renumbered] Redesignated

Renumbered as §
17-6-92
by 2013 Ga. Laws 179,§ 3, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 6 - BONDS AND RECOGNIZANCES (§§ 17-6-1 — 17-6-114) › Article 4 - BONDS FOR GOOD BEHAVIOR AND TO KEEP THE PEACE (§§ 17-6-90 — 17-6-114) › Part 2 - BONDS TO KEEP THE PEACE (§§ 17-6-110 — 17-6-114) › Section 17-6-110 - Issuance of warrant; requirement of bond; hearing; payment of costs by affiant

(a)
Upon the information of any person, under oath, that he is in fear of bodily harm to himself or his family, or of violent injury to his property, from another person, any judicial officer authorized to hold a court of inquiry may issue his warrant requiring the arrest of such other person. If, after the return of the warrant and upon hearing the evidence of both parties, the court is satisfied that probable cause for such fear exists, the court may require the accused to give bond, with good security, to keep the peace as against the person, family, or property of the affiant. If the accused fails to give bond, the court shall commit him to jail. Any person against whom a warrant issues must, within 24 hours, be brought for a hearing before the court which issued the warrant or be released on bond by the sheriff.
(b)
Nothing in this Code section shall prohibit the sheriff from releasing the person at any time prior to the hearing after posting bond. The amount of the bond shall be set by the sheriff but in no event shall the amount set by the sheriff exceed $1,000.00. Such bond shall contain the same conditions as a bond required after a hearing by the court of inquiry, except that, in counties in which a state court is established, all bonds posted under this Code section shall be returnable in the state court rather than in the superior court. Within five days after being released on bond by the sheriff, the person shall be entitled to a hearing before the court of inquiry.
(c)
If it is determined at the hearing that there was not sufficient cause for the warrant to have been issued, the affiant who caused the warrant to be issued shall pay all court costs.
(d)
A judicial officer shall not be required to issue the warrant provided for in this Code section until the person requesting the issuance of the warrant deposits with the judicial officer a sum, not to exceed $12.00, to be applied against the total cost in the proceedings. At the termination of the proceedings, any part of the deposit remaining because of dismissal or because the costs are assessed against another party shall be refunded to the depositor. If the person requesting the issuance of the warrant is unable to pay any deposit, fee, or other cost which would normally be required in the court and subscribes an affidavit to the effect that because of his indigence he is unable to pay these costs, the person shall be relieved from paying the costs and his rights shall be the same as if he had paid the costs.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 6 - BONDS AND RECOGNIZANCES (§§ 17-6-1 — 17-6-114) › Article 4 - BONDS FOR GOOD BEHAVIOR AND TO KEEP THE PEACE (§§ 17-6-90 — 17-6-114) › Part 2 - BONDS TO KEEP THE PEACE (§§ 17-6-110 — 17-6-114) › Section 17-6-111 - Right of person to require bond against spouse

A person may require a bond to keep the peace against the spouse of such person.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 6 - BONDS AND RECOGNIZANCES (§§ 17-6-1 — 17-6-114) › Article 4 - BONDS FOR GOOD BEHAVIOR AND TO KEEP THE PEACE (§§ 17-6-90 — 17-6-114) › Part 2 - BONDS TO KEEP THE PEACE (§§ 17-6-110 — 17-6-114) › Section 17-6-112 - Actions constituting violations of bond; right of action for breach of bond generally; imposition of additional penalty for contempt of court; finding of prosecuting witness in contempt

(a)
Actual violence, a threat of violence, or any other act intended and calculated to excite alarm or to provoke a breach of the peace shall be a violation of the bond posted pursuant to Code Section
17-6-110
. For every such act, the party at whose instance the bond was required shall have a right of action.
(b)
In counties having a population of not less than 200,000 nor more than 250,000 according to the United States decennial census of 1950 or any future such census in which there is located a municipal court, upon oral or written complaint by the injured party, the court may in its discretion issue a rule for contempt against the offending defendant. Upon hearing the rule, if the court finds that there has been a violation of the bond, the court may, in addition to the remedy provided in subsection (a) of this Code section, impose a sentence for contempt of court. If it should appear to the court from the evidence and the court finds that the breach of the peace was provoked or brought about by the conduct of the prosecuting witness, the witness may be ruled for contempt of court and sentenced as provided by law.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 6 - BONDS AND RECOGNIZANCES (§§ 17-6-1 — 17-6-114) › Article 4 - BONDS FOR GOOD BEHAVIOR AND TO KEEP THE PEACE (§§ 17-6-90 — 17-6-114) › Part 2 - BONDS TO KEEP THE PEACE (§§ 17-6-110 — 17-6-114) › Section 17-6-113 - Effect of provoking breach of bond

If the person who required the bond provokes a violation thereof by the person who posted the bond, no recovery shall be had.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 6 - BONDS AND RECOGNIZANCES (§§ 17-6-1 — 17-6-114) › Article 4 - BONDS FOR GOOD BEHAVIOR AND TO KEEP THE PEACE (§§ 17-6-90 — 17-6-114) › Part 2 - BONDS TO KEEP THE PEACE (§§ 17-6-110 — 17-6-114) › Section 17-6-114 - Discharge or extension of bond by court

The superior or state court, as the case may be, may discharge the bond at any time unless a motion is made to extend it, accompanied by evidence to satisfy the court of the necessity of the extension.