TITLE 17 CRIMINAL PROCEDURE

Section 6. Bonds and Recognizances, 17-6-1 through 17-6-114.

ARTICLE 2 SURETIES

17-6-30. Fees of sureties.

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, however, that a surety may charge and receive a minimum of $50.00 per bonded charge or offense as compensation, regardless of whether such compensation exceeds 15 percent of the face amount of any bond set.
Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor.

(Ga. L. 1921, p. 243, §§ 1, 8; Code 1933, §§ 27-501, 27-9903; Ga. L. 1958, p. 120, § 1; Ga. L. 1982, p. 1254, § 1; Ga. L. 1999, p. 546, § 1; Ga. L. 2006, p. 430, § 1/HB 594; Ga. L. 2014, p. 444, § 3-2/HB 271.)

The 2014 amendment, effective July 1, 2014, substituted the present provisions of subsection (a) for the former provisions, which read: "Sureties on criminal bonds in any court shall not charge or receive more than 12 percent of the face amount of the bond set in the amount of $10,000.00 or less, which amount includes the principal and all applicable surcharges, and shall not charge or receive more than 15 percent of the face amount of the bond set in an amount in excess of $10,000.00, which amount includes the principal and all applicable surcharges, as compensation from defendants or from anyone acting for defendants."

Law reviews.

- For note, "Bail in Georgia: Elimination of 'Double Bonding' - A Partially Solved Problem," see 8 Ga. St. B.J. 220 (1971). For note on 1999 amendment to this Code section, see 16 Ga. St. U.L. Rev. 106 (1999).

JUDICIAL DECISIONS

Violation of O.C.G.A.

§ 17-6-30 gives the injured party a civil cause of action. - See Borison v. Christian, 257 Ga. App. 257, 570 S.E.2d 696 (2002).

Civil cause of action for recovery of amount paid in excess of statutory maximum.

- After two bail bondspersons violated O.C.G.A. § 17-6-30 by accepting compensation from a family in an amount exceeding the then existing statutory maximum of ten percent as payment for posting bail bonds for a family member, the family had a civil cause of action against the bondspersons and was entitled to recover the amount of compensation which was in excess of the statutory maximum. Borison v. Christian, 257 Ga. App. 257, 570 S.E.2d 696 (2002).

Cited in Lunsford v. State, 72 Ga. App. 700, 34 S.E.2d 731 (1945); Croy v. Skinner, 410 F. Supp. 117 (N.D. Ga. 1976).

OPINIONS OF THE ATTORNEY GENERAL

Bondsman may obtain an indemnification agreement from a third party conditioned upon paying the amount of the bond and any actual costs without being in violation of O.C.G.A. § 17-6-30. 1994 Op. Att'y Gen. No. U94-17.

RESEARCH REFERENCES

Am. Jur. 2d.

- 8A Am. Jur. 2d, Bail and Recognizance, §§ 8, 47, 48, 49, 85 et seq.

C.J.S.

- 8 C.J.S., Bail; Release and Detention Pending Proceedings, §§ 2 et seq., 160. 72 C.J.S., Principal and Surety, § 57 et seq.

ALR.

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

Dismissal or vacation of indictment as terminating liability or obligation of surety or bail bond, 18 A.L.R.3d 1354.

Bail: duration of surety's liability on pretrial bond, 32 A.L.R.4th 504.

Bail: duration of surety's liability on posttrial bail bond, 32 A.L.R.4th 575.

Bail: effect on liability of bail bond surety of state's delay in obtaining indictment or bringing defendant to trial, 32 A.L.R.4th 600.

Bail: effect on surety's liability under bail bond of principal's subsequent incarceration in other jurisdiction, 33 A.L.R.4th 663.

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