Badge & Bail Magazine recently spoke with Phillip Bradshaw, Legislative Chairman of the North Carolina Bail Agents Association (NCBAA), to discuss the amending of a law that pertains to bond forfeitures in their state.
The previous law in North Carolina regarding bond forfeitures only allowed a bondsman to file a motion to be relieved of liability if the defendant was incarcerated at the time of a failure to appear. If the defendant was free on bond on the date of the failure to appear but was subsequently arrested in another jurisdiction the very next day, the bondsman was powerless to compel the court to set aside the forfeiture.
The current bill that is scheduled to be signed by the Governor of North Carolina, Roy Cooper (D), will enable the bondsman to file a motion to be relieved of liability if the defendant is incarcerated in any jurisdiction across the United States any time after the failure to appear. This will be beneficial to both the criminal justice system and the bonding industry as bondsman can assist law enforcement in locating fleeing defendants to be extradited back for trial.
It may seem to be a relatively simple process to add or remove a few words in an active code/law but it can be just as complicated as introducing a new law all together. The passing of this bill shows the importance of a strong state association. Mr. Bradshaw is very proud of his association and each of the members that have supported them to represent the interests of the industry in North Carolina. Without the support of the members and the finances raised from membership fees and donations the association may not have had the financial stores to engage in such a long lobbying project.