Georgia Laws Regarding Bail Bonds & Bounty Hunters
Below is basic information on bail bond laws for Georgia concerning Bail Enforcement, Bounty Hunters, Fugitive Apprehension and Bail Bondsman. This is not legal advice. Laws change frequently, please check the links provided for possible updates and current information.
- Georgia bail bond law state statutes:
- code Of Georgia Title 17. Criminal Procedure Chapter 6. Bonds And Recognizances Article 2. Sureties Part 2. Professional Bondsmen.
- code Of Georgia Title 17. Criminal Procedure Chapter 6. Bonds And Recognizances Article 2. Sureties Part 1. General Provisions.
- code Of Georgia Title 17. Criminal Procedure Chapter 6. Bonds And Recognizances Article 3. Proceedings For Forfeiture Of Bonds Or Recognizances.
- Georgia licensing requirements for Bail agents:
Code Of Georgia Title 17. Criminal Procedure Chapter 6. Bonds And Recognizances Article 2. Sureties Part 2. Professional Bondsmen 17-6-50 Defines “Professional Bondsmen” and Gives Requirements For Such.
- persons who hold themselves out as signers or sureties of bonds for compensation are declared to be professional bondsmen.
- 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.
Code Of Georgia Title 17. Criminal Procedure Chapter 6.Bonds And Recognizances Article 2. Sureties Part 2. Professional Bondsmen 17-6-56 Establishes requirements and registration Bail Recovery Agents.
- 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 escaped from bail in this state for gratuity, benefit, or compensation.
- Any sheriff of a county shall require any professional bondsman who is a resident of or doing business in the sheriff’s county to register his or her bail recovery agents in that county.
- A bail recovery agent must be a United States citizen, 25 years of age or older, and must obtain a license pursuant to Code Section 16-11-129.
Code Of Georgia Title 16. Crimes And Offenses Chapter 11. Offenses Against Public Order And Safety Article 4. Dangerous Instrumentalities And Practices Part 3. Carrying And Possession Of Firearms 16-11-129 This is the same licensing statute for a concealed weapons permit and establishes that No license shall be granted to:
(1) Any person under 21 years of age;
(2) Any person who is a fugitive from justice or against whom proceedings are pending for any felony, forcible misdemeanor, or violation of Code Section 16-11-126, 16-11-127, or 16-11-128 until such time as the proceedings are adjudicated;
(3) Any person who has been convicted of a felony by a court of this state or any other state; by a court of the United States including its territories, possessions, and dominions; or by a court of any foreign nation and has not been pardoned for such felony.
(4) Any individual who has been hospitalized as an inpatient in any mental hospital or alcohol or drug treatment center within five years of the date of his application; or
(5) (A) Any person, the provisions of paragraph (3) of this subsection notwithstanding, who has been convicted of an offense arising out of the unlawful manufacture, distribution, possession, or use of a controlled substance or other dangerous drug.
A Bail Agent’s arrest authority is implied in — Code Of Georgia Title 17. Criminal Procedure Chapter 6. Bonds And Recognizances Article 2. Sureties Part 2. Professional Bondsmen 17-6-56 — which defines a Bail Agent as a person who apprehends a principal on bail bond or who captures a fugitive who has escaped bail.
In addition, a 1970 Georgia Attorney General Opinion provides the following:
- Bondsman’s powers of arrest. — If the accused refuses to surrender, the bondsman can seize and hold him in order to make delivery. The bondsman’s rights include broad powers of pursuit into another state, arrest, and detention. No process is needed, as the bondsman’s powers arise, not from the powers of the state, but from the relationship of principal and bondsman (1970 Op. Att’y Gen. No. U70-78).
- Finally, another 1970 Georgia Attorney General Opinion (1970 Op. Att’y Gen. No.U70-83) distinguishes that a bail agent has right to arrest on an appearance warrant, but may not make an arrest pursuant to a bench warrant.
- Bounty Hunters are termed “Bail Recovery Agents” in Georgia’s statutes. Rules governing such are primarily given above under #2 – Licensing Requirements for Agents.
Please check with the Georgia’s Department of Insurance, Licensing Board and/or Local Law Enforcement for the most recent updates. If you know of any updates to a Georgia’s bail bond laws, please provide as much detail as possible and send to us using our contact form.