Bill Text: GA HB1052 | 2009-2010 | Regular Session | Introduced

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Bill Title: Electronic pretrial release and monitoring; surety for a bond; clarify provisions

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Introduced - Dead) 2010-02-04 - House Second Readers [HB1052 Detail]

Download: Georgia-2009-HB1052-Introduced.html

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10 LC 29 4051

House Bill 1052

By: Representatives Walker of the 107th, Collins of the 27th, Everson of the 106th, and Levitas of the 82nd

A BILL TO BE ENTITLED
AN ACT

To amend Code Section 17-6-1.1 of the Official Code of Georgia Annotated, relating to electronic pretrial release and monitoring programs for defendants, so as to clarify certain provisions requiring a provider to act as surety for a bond when a person is released on electronic pretrial release and monitoring; to define a term; to provide for punishment if false information is given by a provider; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 17-6-1.1 of the Official Code of Georgia Annotated, relating to electronic pretrial release and monitoring programs for defendants, is amended by revising subsection (a), paragraph (2) of subsection (e), and subsection (j) and adding a new subsection (l), as follows:

"(a) In addition to other methods of posting bail or as special condition of bond, a defendant may be released from custody pending the trial of his or her case on the condition that the defendant comply with the terms and conditions of an electronic pretrial release and monitoring program which is administered by an approved provider pursuant to subsection (j) of this Code section. The sheriff of a county may enter into agreements with such approved providers. A bonding company, bonding agent, or probation service provider may be a provider of such services."

"(2) Compliance with all requirements and conditions of the provider's electronic pretrial release and monitoring program provider;"

"(j) Any person or corporation provider approved by the chief judge of the court and the sheriff in their discretion who meets the following minimum requirements may be approved to provide electronic pretrial release and monitoring services if the provider:

(1) The provider shall comply Complies with all applicable federal, state, and local laws and all rules and regulations established by the chief judge and the sheriff in counties where the provider provides electronic pretrial release and monitoring services;

(2) The provider shall provide Provides the chief judge and the sheriff with the name of the provider, the name of an individual who shall serve as the contact person for the provider, and the telephone number of such contact person;

(3) The provider shall promptly Promptly, not later than three business days after such change, notify notifies the chief judge and sheriff of any changes in its address, ownership, or qualifications under this Code section; and

(4) The provider shall provide Provides simultaneous access to all records regarding all monitoring information, GPS tracking, home confinement, and victim protection regarding each person placed on electronic pretrial release and monitoring; and

(5) The provider shall act as surety for the bond."

"(l) As used in this Code section, the term 'provider' means a person, corporation, bonding company, bonding agent, or probation service provider who swears in an affidavit provided to the sheriff that it will act as surety for the bond for any person released on bail or as a special condition of bond on an electronic pretrial release monitoring program. Any person who knowingly provides false information in executing the affidavit required by this subsection commits the offense of false swearing within the meaning of Code Section 16-10-71."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.