Bail Bondsmen Revisions.-AB

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 251

Short Title: Bail Bondsmen Revisions.-AB (Public)
Sponsors: Senator Johnson (Primary Sponsor).
Referred to: Rules and Operations of the Senate
March 10, 2025
*S251-v-1*
A BILL TO BE ENTITLED 1
AN ACT REVISING THE LAWS RELATED TO BAIL BONDSMEN, AS RECOMMENDED 2
BY THE DEPARTMENT OF INSURANCE. 3
The General Assembly of North Carolina enacts: 4
5
PART I. CLARIFY ABRO GATION OF COMMON LAW AND ALLOW 6
OUT-OF-STATE SURETIES TO USE LICENSED BONDSMEN 7
SECTION 1.(a) Article 71 of Chapter 58 of the General Statutes is amended by 8
adding a new section to read: 9
"§ 58-71-2. Statement of purpose and abrogation of the common law. 10
The purpose of this Article is to provide a comprehensive framework for the regulation of all 11
persons licensed under this Article in the capacity of professional bondsmen, surety bondsmen, 12
or runners, or performing any of the functions, duties, or powers prescribed for professional 13
bondsmen, surety bondsmen, or r unners within the State of North Carolina. Any part of the 14
common law that conflicts with the provisions of this Article is expressly abrogated." 15
SECTION 1.(b) G.S. 58-71-30 reads as rewritten: 16
"§ 58-71-30. Arrest of defendant for purpose of surrender. 17
(a) For the purpose of surrendering the defendant, the surety may arrest him before the 18
forfeiture of the undertaking, or by his written authority endorsed on a certified copy of the 19
undertaking, may request any judicial officer to order arrest of the defendant. 20
(b) A surety on a bail bond or undertaking from another state or jurisdiction shall not 21
arrest the defendant in this State for the purposes of surrendering the defendant. 22
(c) Notwithstanding the provisions of subsection (b) of this section, a surety on a bail 23
bond or undertaking from another state or jurisdiction must utilize the services or assistance of 24
any North Carolina surety bondsman, professional bondsman, or runner to effect the arrest or 25
surrender of the defendant. The surety must first provi de the surety bondsman, professional 26
bondsman, or runner with a certified copy of the undertaking." 27
28
PART II. CHANGES TO PROVISIONAL LICENSING OF BONDSMEN 29
SECTION 2.(a) G.S. 58-71-1 reads as rewritten: 30
"§ 58-71-1. Definitions. 31
The following definitions apply in this Article: 32
… 33
(4a) First-year licensee. – Any person who has been licensed as a bail bondsman 34
or runner under this Article and who has held the license for a period of less 35
than 12 months. 36
General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 251-First Edition
(4b) Direct supervision. – Direction of a provisional li censee's activities by a 1
supervising bail bondsman that involves personal and face-to-face contact on 2
a frequent and reasonable basis. 3
… 4
(8a) Provisional licensee. – Any person licensed as a bail bondsman or runner 5
under this Article for a period of less than 24 months. 6
(8a)(8b) Resident. – A person who lives in this State for at least six consecutive 7
months immediately before applying for a license under this Article. 8
… 9
(9a) Supervising bail bondsman. – Any person licensed by the Commissioner as a 10
professional bondsman or surety bondsman who who (i) meets the 11
requirements of G.S. 58-71-41.1 and G.S. 58-71-50 and (ii) employs or 12
contracts with any new licensee under this Article.a provisional licensee under 13
this Article. 14
… 15
(11) Surety bondsman. – Any person who is licensed by the Commissioner as a 16
surety bondsman under this Article, is appointed by an insurer by power of 17
attorney to execute or countersign bail bonds for the insurer in connection with 18
judicial proceedings, proceedings of another, and who receives or is promised 19
consideration for doing so." 20
SECTION 2.(b) G.S. 58-71-41 reads as rewritten: 21
"§ 58-71-41. First-year Provisional licensees; limitations. 22
(a) Except as provided in this section, a first-year provisional licensee shall have the same 23
authority as other persons licensed as bail bondsmen or runners under this Article. Except as 24
provided in subsection (d) of this section, a first-year provisional licensee shall operate only 25
under the direct supervision of and from the official business address of a licensed supervising 26
bail bondsman bondsman, who shall be responsible for the direct supervision of the provisional 27
licensee, for the first 12 24 months of licensure. A first-year provisional licensee may only be 28
employed by or contract with one supervising bail bondsman. 29
(b) When a first-year provisional licensee has completed 12 24 months of supervision, 30
six of which shall be uninterrupted, the su pervising bail bondsman shall give notice of that fact 31
to the Commissioner in writing. If the licensee will continue to be employed by or contract with 32
the supervising bail bondsman beyond the initial 12-month 24-month period, the supervising bail 33
bondsman shall continue to supervise and be responsible for the licensee's acts. 34
(c) If the employment of or contract with a first-year provisional licensee is terminated, 35
the supervising bail bondsman shall notify the Commissioner in writing and shall specify the 36
reason for the termination. 37
(d) If, after exercising due diligence, a first-year licensed bail bondsman provisional 38
licensee is unable to become employed by or to contract with a supervising bail bondsman, the 39
first-year licensed bail bondsman provisional licensee must submit to the Department a sworn 40
affidavit stating the relevant facts and circumstances regarding the first-year licensed bail 41
bondman's provisional licensee's inability to become employed by or contract with a supervising 42
bail bondsman. The Department shall review the affidavit and determine whether the first-year 43
licensed bail bondsman provisional licensee will be allowed to operate as an unsupervised bail 44
bondsman. A first-year licensed bail bondsman is prohibited from becoming a supervisi ng bail 45
bondsman during the first two five years of licensure. 46
(e) Provided all other licensing requirements are met, an applicant for a bail bondsman 47
or runner's license who has previously been licensed with the Commissioner for a period of at 48
least 18 consecutive months and who has been inactive or unlicensed for a period of not more 49
than three consecutive years shall not be deemed a new licensee for purposes of this section." 50
General Assembly Of North Carolina Session 2025
Senate Bill 251-First Edition Page 3
SECTION 2.(c) Article 71 of Chapter 58 of the General Statutes is amended by 1
adding a new section to read: 2
"§ 58-71-41.1. Requirements for supervising bail bondsmen. 3
(a) A bail bondsman who seeks to act as a supervising bail bondsman or to restore a 4
revoked supervising bail bondsman status shall meet all of the following requirements: 5
(1) Submit an application on a form approved by the Commissioner and pay a 6
two hundred dollar ($200.00) application fee. 7
(2) Have five years of uninterrupted experience as a licensed bail bondsman in 8
this State. 9
(3) Have not violated an order of the Commissioner or had adverse administrative 10
action taken against the bail bondsman's license pursuant to G.S. 58-71-80. 11
(4) The bail bondsman shall possess or demonstrate the competence, experience, 12
or integrity considered by the Commissioner to be necessary to serve as a 13
supervising bail bondsman. 14
(b) A supervising bail bondsman shall submit to the Commissioner, on a form prescribed 15
by the Commissioner, both of the following: 16
(1) No later than May 31 of each year, a renewal application on a form prescribed 17
by the Commissioner. Failure to comply with this subdivision shall result in 18
revocation of a bondsman's status as a supervising bail bondsman. 19
(2) No later than the fifth business day of each month, a record of each provisional 20
licensee supervised by the supervising bail bondsman. 21
(c) A supervising bail bondsman shall not: 22
(1) Charge a fee for supervising a provisional licensee. 23
(2) Supervise more than two provisional licensees at one time." 24
SECTION 2.(d) Any bail bondsman (i) acting as or seeking to act as a supervising 25
bail bondsman or (ii) seeking to restore a revoked supervising bail bondsman status shall submit 26
the application and fee required by G.S. 58-71-41.1, as enacted by this act, within 60 days of the 27
effective date of this act. 28
29
PART III. CHANGES TO DISCIPLINARY STATUT E TO ALLOW FOR 30
ADMINISTRATIVE ACTIO N BASED ON THE COMMI SSION OF CERTAIN 31
CRIMES; PROVISIONAL LICENSEE CONFORMING CHANGE 32
SECTION 3. G.S. 58-71-80 reads as rewritten: 33
"§ 58 -71-80. Grounds for denial, suspension, probation, revocation, or nonrenewal of 34
licenses. 35
(a) The Commissioner may deny, place on probation, suspend, revoke, or refuse to renew 36
any license issued under this Article, in accordance with the provisions of Article 3A of Chapter 37
150B of the General Statutes, for any one or more of the following causes: 38
… 39
(6a) Violation of a statute or ordinance that results in injury or death. 40
… 41
(8a) When, in the judgment of the Commissioner, the licensee has used 42
unnecessary or excessive force in performing the functions, duties , and 43
powers under the license issued by the Commissioner. 44
… 45
(b) The Commissioner shall deny, revoke, or refuse to renew any license under this 46
Article if if (i) the applicant or licensee is or has ever be en convicted of a felony.felony or (ii) 47
pursuant to the provisions of Article 3A of Chapter 150 of the General Statutes, the 48
Commissioner, or another appropriate administrative body, finds that the applicant or licensee 49
performed the acts necessary to satisfy the elements of a felony. 50
… 51
General Assembly Of North Carolina Session 2025
Page 4 Senate Bill 251-First Edition
(b3) For the purposes of this section, a conviction includes an adjudication of guilt, a plea 1
of guilty, and a plea of nolo contendere. 2
(c) In the case of a first-year provisional licensee whose employment or contract is 3
terminated prior to the end of the 12-month 24-month supervisory period, the Commissioner may 4
consider all information provided in writing by the supervising bail bondsman in determining 5
whether sufficient cause exi sts to suspend, revoke, or refuse to renew the license or to warrant 6
criminal prosecution of the first-year provisional licensee. If the Commissioner determines there 7
is not sufficient cause for adverse administrative action or criminal prosecution, the te rmination 8
shall not be deemed an interruption and the period of time the licensee was employed by or 9
contracted with the terminating supervising bail bondsman will be credited toward the licensee's 10
completion of the required 12 24 months of supervision wit h a subsequent supervising bail 11
bondsman. 12
…." 13
14
PART IV. CHANGE DUE DATE FOR CONTINUING EDUCATION REQUIREMENTS 15
AND RENEWAL APPLICATIONS 16
SECTION 4.(a) G.S. 58-71-71(b) reads as rewritten: 17
"(b) Each year by June 30 May 15 every licensee shall complete at least three hours of 18
continuing education as provided by an approved provider in subjects related to the duties and 19
responsibilities of a runner or bail bondsman. This continuing education shall not include a 20
written or oral examination. A person who receives his or her first license on or after January 1 21
of any year does not have to comply with this subsection until June 30 May 15 of the following 22
year." 23
SECTION 4.(b) G.S. 58-71-75(b) reads as rewritten: 24
"(b) Renewal Application. – In even-numbered years, a bail bondsman or runner seeking 25
to renew a license shall shall, by May 15, provide the Commissioner prior to the expiration date 26
of the bail bondsman's or runner's current license, all of the following: 27
…." 28
29
PART V. PHYSICAL LOCATION FOR OFFICIAL BUSINESS ADDRESS 30
SECTION 5. G.S. 58-71-40 reads as rewritten: 31
"§ 58-71-40. Bail bondsmen and runners to be qualified and licensed; license applications 32
generally. 33
(a) No person shall act in the capacity of a professional bondsman, surety bondsman, or 34
runner or perform any of the functions, duties, or powers prescribed for professional bondsmen, 35
surety bondsmen, or runners under this Article unless that person is qualified and licensed under 36
this Article. No licensee shall participate in or solicit assistance in securing custody of a principal 37
by another not licensed under this Article. No license shall be issued under this Article except to 38
an individual natural person. 39
… 40
(f) A licensee shall have an official business address that is a physical location in the 41
State of North Carolina. Official business addresses shall reflect an established office separate 42
and apart from any residence or other business. The address required by this subsection shall be 43
provided to the Commissioner designating where required business records are maintained upon 44
examination pursuant to G.S. 58-71-170. The physical location used as the official business 45
address must comply with all local or municipal zoning ordinances and regulations. Use of a post 46
office box as an official business address is prohibited." 47
48
PART VI. QUALIFICATIONS FOR BONDSMEN 49
SECTION 6. G.S. 58-71-50 reads as rewritten: 50
"§ 58-71-50. Qualification for bail bondsmen and runners. 51
General Assembly Of North Carolina Session 2025
Senate Bill 251-First Edition Page 5
… 1
(b) Qualifications. – Every applicant for a license under this Article as a bail bondsman 2
or runner must meet all of the following qualifications: 3
… 4
(8) Hold a valid and current North Carolina drivers license or valid North 5
Carolina identification car d issued by the Division of Motor 6
Vehicles.Vehicles and comply with all motor vehicle financial responsibility 7
requirements pursuant to G.S. 20-309. 8
…." 9
10
PART VII. EFFECTIVE DATE 11
SECTION 7. This act becomes effective July 1, 2025, and applies to bail bondsmen 12
licenses issued or renewed on or after that date. 13