GENERAL ASSEMBLY OF NORTH CAROLINA
1995 SESSION
CHAPTER 448
The General Assembly of North Carolina enacts:
Section 1. Subsections (d) and (e) of G.S. 15A-544 read as rewritten:
"(d) To facilitate the
procedure under this section, the clerk in each county must present a
forfeiture roll at the first session of superior court commencing more than 60
days after the entry of any order of forfeiture in either the district or
superior court. shall prepare for both the district and superior court a
forfeiture calendar once each month when court is in session. The
forfeiture roll must The forfeiture calendar shall list the names of
all principals as to which forfeiture has been ordered in the county in the
past three years and sureties to whom forfeiture has been ordered more
than 60 days previously in the county and as to which judgments of
forfeiture against obligors the principal and surety have not
been entered or, if entered, not yet satisfied by execution. In
addition, the The forfeiture roll must calendar shall show
the amount of the bond ordered forfeited in each case and the names of all
sureties liable on each bond. case. In addition, the clerk shall
place on the forfeiture calendar for hearing all written motions to strike an
order of forfeiture filed since the previous forfeiture calendar. It
shall be the duty of the district attorney to present the forfeiture calendar
to the court, but the attorney for the county school board shall have the right
to appear and be heard when the forfeiture calendar is presented. At the
district attorney's discretion, the district attorney may appoint the county
school board attorney as the district attorney's designee for the presentation
of the forfeiture calendar.
(e) At any time within 90
days after entry of the judgment against a principal or his surety, or on the
first day of the next session of court commencing more than 90 days after
the entry of the judgment, the court may direct that the judgment be remitted
in whole or in part, upon such conditions as the court may impose, if it appears
that justice requires the remission of part or all of the judgment. If
the principal is incarcerated or served an order for arrest in North Carolina
within 90 days of the entry of the judgment and the principal placed on a new
bond or released by the court, then the forfeiture shall be stricken upon the
payment of costs. If the principal is incarcerated or served an order
for arrest and the principal placed on a new bond or released by the court
anytime between failure to appear and up to 90 days after the entry of
judgment, then the bond shall be totally remitted upon the payment of costs."
Sec. 2. This act is effective upon ratification.
In the General Assembly read three times and ratified this the 18th day of July, 1995.
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Dennis A. Wicker
President of the Senate
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Harold J. Brubaker
Speaker of the House of Representatives