Construction.

- Because the two requirements of O.C.G.A. § 17-6-50(b)(3) are stated in the conjunctive, the mere fact that a bondsman was never convicted of crimes for which the bondsman was arrested was not dispositive, and the lack of prior convictions did not necessarily equate to good moral character. Pryor Org., Inc. v. Stewart, 274 Ga. 487, 554 S.E.2d 132 (2001).

"Good moral conduct."

- Term "good moral conduct" in O.C.G.A. § 17-6-50(b)(3), referring to the qualifications of a professional bondsman, is sufficiently definite to apprise an individual purporting to serve as a professional bondsperson that he or she cannot engage in unauthorized acts of law enforcement. Pryor Org., Inc. v. Stewart, 274 Ga. 487, 554 S.E.2d 132 (2001).

Approval of sureties.

- Applicants for a certificate to operate as a bail bond company failed to state a procedural due process violation under O.C.G.A. §§ 17-6-15 and17-6-50 because Georgia law gave the sheriffs broad discretion to determine who was an acceptable surety to write bonds in their respective counties and the provisions did not require a sheriff to accept any specific applicant. A.A.A. Always Open Bail Bonds, Inc. v. Dekalb County, F.3d (11th Cir. Apr. 19, 2005).

Standing to challenge requirements of statute.

- Applicant to become a professional bondsperson whose prior felony convictions were not removed by an order restoring the applicant's civil and political rights, issued by the Board of Pardons and Paroles, lacked standing to assert that the requirement of O.C.G.A. § 17-6-50 that a professional bondsperson have no felony convictions conflicts with the Board's constitutional authority. Harrison v. Wigington, 269 Ga. 388, 497 S.E.2d 568 (1998).

Cited in Manders v. Lee, 338 F.3d 1304 (11th Cir. 2003).

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.

Am. Jur. 2d.

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

C.J.S.

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

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.