Persons Deemed Professional Bondsmen; Criminal Background Investigation Information to Be Provided to Clerk of Court

  1. Law
  2. Georgia Code
  3. Criminal Procedure
  4. Bonds and Recognizances
  5. Sureties
  6. Professional Bondsmen
  7. Persons Deemed Professional Bondsmen; Criminal Background Investigation Information to Be Provided to Clerk of Court

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  1. Bondsmen or persons who hold themselves out as signers or sureties of bonds for compensation are declared to be professional bondsmen.
  2. 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.
  3. 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.
  4. 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.

(Ga. L. 1921, p. 243, § 5; Code 1933, § 27-502; Ga. L. 1994, p. 532, § 3; Ga. L. 2002, p. 942, § A; Ga. L. 2009, p. 688, § 1/HB 147.)

OPINIONS OF THE ATTORNEY GENERAL

Section applies to limitation on public officials.

- O.C.G.A. § 45-11-8, prohibiting elected officials from engaging in the bail bond business, pertains to the definition found in O.C.G.A. § 17-6-50. 1980 Op. Att'y Gen. No. 80-85.

Restoration of civil and political rights does not negate a conviction for purposes of O.C.G.A. § 17-6-50(b)(3), nor does it negate the separate necessity for finding that the applicant is of good moral character. 1997 Op. Att'y Gen. No. U97-10.

Approval of sureties.

- Former Code 1933, §§ 27-901, 27-902, and 27-801 (see O.C.G.A. §§ 17-6-1,17-6-2, and17-7-90) provided for the approval of sureties by sheriffs or judicial officers. Qualifications, such as solvency and reliability, may be inquired into before approval. 1970 Op. Att'y Gen. No. U70-83.

RESEARCH REFERENCES

Am. Jur. 2d.

- 8A Am. Jur. 2d, Bail and Recognizance, § 42 et seq.

C.J.S.

- 8 C.J.S., Bail; Release and Detention Pending Proceedings, §§ 2 et seq., 170.

ALR.

- Qualification of surety on bail bond as affected by lien or encumbrance on his real property, 56 A.L.R. 1097.

Validity, construction, and application of statutes regulating bail bond business, 13 A.L.R.3d 618.

Validity of statute abolishing commercial bail bond business, 19 A.L.R.4th 355.


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