(c.1) No judgment shall be rendered on a forfeiture of any appearance bond if it is shown to the satisfaction of the court that the principal on the bond was prevented from attending because he or she was deported or removed from the United States by federal authorities. Official documentation from a federal official or agency shall be considered proof of the principal’s deportation or removal. Such documentation may be delivered by mail or e-mail or delivered by hand or by facsimile machine.
History. Ga. L. 1965, p. 266, §§ 1-3; Code 1981, § 17-6-72 ; Ga. L. 1982, p. 1224, § 2; Ga. L. 1982, p. 1658, § 2; Ga. L. 1983, p. 3, § 14; Ga. L. 1983, p. 1203, § 3; Ga. L. 1985, p. 982, § 1; Ga. L. 1986, p. 1588, § 4; Ga. L. 1987, p. 1342, § 4; Ga. L. 1989, p. 556, § 2; Ga. L. 1990, p. 2336, § 2; Ga. L. 1992, p. 2933, § 4; Ga. L. 1996, p. 1233, § 3; Ga. L. 2009, p. 688, § 2A/HB 147; Ga. L. 2013, p. 1106, § 1/SB 225; Ga. L. 2015, p. 1217, § 3/SB 195; Ga. L. 2022, p. 297, § 2/HB 1183.
The 2022 amendment, effective July 1, 2022, deleted “on application filed within 120 days from the payment of judgment,” following “applicable” in the introductory language of subsection (d); redesignated the existing provisions of paragraph (d)(1) as paragraphs (d)(1) and (d)(2), and former paragraph (d)(2) as paragraph (d)(3); in paragraph (d)(1), inserted “entry of the”, substituted “filed within 120 days from the payment of judgment” for “to the court”, and added “following payment of the judgment;” at the end; in paragraph (d)(2), substituted “Provided the bond amount has been paid within 120 days after the entry of judgment and the delay has not prevented prosecution of the principal, should” for “Should”; and in the first sentence in paragraph (e)(1) and in subparagraph (e)(2)(A), substituted “120 days from entry” for “120 days from payment”.
Cross references.
Corresponding provision relating to civil procedure, § 9-10-11 .
Conditioning of appearance bond or recognizance on appearance by accused before court at time fixed for arraignment, § 17-6-17 .
Law reviews.
For note on 1989 amendment to this Code section, see 6 Ga. St. U.L. Rev. 212 (1989).