Title 17

(a) As used in this Code section, the term: (1) ‘‘Bail restricted offense’’ means the person is charged with: (A) An offense of: (i) Murder or felony murder, as defined in Code Section 16-5-1; (ii) Armed robbery, as defined in Code Section 16-8-41; (iii) Kidnapping, as defined in Co…

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. History. — Laws 1832, Cobb’s 1851 Digest, p. 862; …

(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 th…

(a) After arrest, if bail is tendered and accepted, no regular commitment need be entered, but a simple memorandum of the fact of bail being taken shall be sufficient. (b)(1) A reasonable opportunity shall be allowed the accused person to give bail; and, even after commitment and…

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.…

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 arr…

All bonds taken under requisition of law in the course of a judicial proceeding may be amended and new security given if necessary. History. — Orig. Code 1863, § 3434; Code 1868, § 3454; Code 1873, § 3505; Code 1882, § 3505; Civil Code 1895, § 5123; Civil Code 1910, § 5707; Code …

(a)(1) In all cases wherein a licensed driver of this state has been arrested, incarcerated, and charged with a violation of state law and where said violation is a misdemeanor, the sheriff of the county wherein the violation occurred shall be authorized, unless otherwise ordered…

(a) In the case of any person engaged in military service who is charged with a misdemeanor and whose bond has been fixed at not more than $400.00 plus costs, any sheriff shall be allowed to accept, in lieu of bail, a recognizance bond executed and signed by the command364 ing off…

(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 wi…

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) …

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 furnis…

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 shal…

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 contrac…

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 per…

(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, howe…

(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. (b) When the court is in session, a …

(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 foll…

(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 e…

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. History. — Ga. L. 1921…

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 enforcemen…

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. History. — Ga. L. 1921, p. 243, § 4; Code 1933, § 27-505.

(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. If the surety surrenders a defendant into the custody of the court, the sheriff, or another law e…

(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 escap…

(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 ed…

(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 ca…

(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 …

(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 hour…

(a) The judge shall, at the end of the court day, upon the failure of the principal to appear, forfeit the bond, issue a bench warrant for the principal’s arrest, and order an execution hearing not sooner than 120 days but not later than 150 days after such failure to appear. Not…

(a) No judgment shall be rendered on a forfeiture of any appearance bond if it is shown to the satisfaction of the court by the written statement of a licensed physician that the principal on the bond was prevented from attending court due to a mental or physical disability or th…

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. History. — Code 1981, § 17-6-73, enacted by Ga. L. 1982, p. 1224, § 2.

(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…

A person may require a bond to keep the peace against the spouse of such person. History. — Orig. Code 1863, § 4634; Code 1868, § 4658; Code 1873, § 4756; Code 1882, § 4756; Penal Code 1895, § 1242; Penal Code 1910, § 1324; Code 1933, § 76-205.

(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…

If the person who required the bond provokes a violation thereof by the person who posted the bond, no recovery shall be had. History. — Orig. Code 1863, § 4632; Code 1868, § 4656; Code 1873, § 4754; Code 1882, § 4754; Penal Code 1895, § 1240; Penal Code 1910, § 1322; Code 1933, …

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. History. — Orig. Code 1863, § 4633; Code 1868, § 4657; Code 1873, § 4755; Code…

(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 sa…

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. History. — Orig. Code 186…

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…

INDEX BAIL AND RECOGNIZANCE —Cont’d Sureties —Cont’d Professional bondsmen —Cont’d Giving advice or directions to defendants who are principals in bonds regarding defense or disposition of cases, §17-6-53. Giving of advice by law enforcement officers as to services of,

Extension of bond by court; right of sureties to surrender principal. Violation of bond; contempt of court. Redesignated. Redesignated. PART 2 BONDS TO KEEP THE PEACE