BAIL AND OTHER BONDS

Atlanta City Code pt. II, ch. 62, art. II, div. 3

in effect

Atlanta City Code § 62-81 Authority to take and accept bond.

Sec. 62-81. - Authority to take and accept bond. The chief of corrections or the chief's designated representative is authorized to receive appearance bonds of defendants and witnesses, in the form of recognizance, signature, property, or cash or written bonds of professional bondspersons, or otherwise, pursuant to the provisions of sections 62-1(c) and 62-31 of this chapter to secure the attendance of defendants and witnesses in municipal court. If a particular defendant is charged with two or more offenses and bond is deemed necessary, a separate bond may be set for each offense. The bond shall remain in full force and effect until the disposition of the case and until the defendant is surrendered, or until otherwise directed by the municipal court or other court of law. The mayor may require professional bondspersons to deposit with the chief financial officer a sufficient fund to protect the interests of the city. The chief of corrections or the chief's designated representatives and the chief judge and associate judges of the municipal court shall promptly forward all bonds to the clerk of the court. (Code 1977, § 3-1032; Ord. No. 2002-71, § 71, 9-16-02; Ord. No. 2018-03(18-O-1045), § 5, 2-6-18)

Atlanta City Code § 62-82 Appointment of bond hearing judge.

Sec. 62-82. - Appointment of bond hearing judge. When bonds are forfeited for nonappearance in the municipal court, the case entered on the bond for the purpose of establishing judgment in favor of the city against the principal and security in the bond shall be tried before a municipal judge designated by the chief judge as a bond hearing judge. The chief judge may make such designation on a rotating basis. (Code 1977, § 3-1039)

Atlanta City Code § 62-83 Bond signed by surety through agent acting under power of attorney.

Sec. 62-83. - Bond signed by surety through agent acting under power of attorney. If an officer or employee of the department of corrections or clerk of the municipal court is charged with the duty of accepting and passing on the legality of an appearance or other bond, such officer or clerk may accept a bond signed by a surety through an agent acting under the power of attorney, whether the surety is a surety company or person, if the power is properly executed by the surety. However, the bond shall not be accepted, though the power of attorney is properly executed, if the officer or clerk passing upon the adequacy of the bond is not satisfied that the agent has authority to act for the alleged principal, and no power of attorney executed by a surety company shall be accepted by an officer unless this company has complied with the rules and regulations of the city and laws of the state. The bond shall not be accepted by the officer or clerk unless the person appearing before the officer or clerk, requesting to sign the bond, is an agent having the power of attorney to bind the surety, whether the surety is a company, corporation, firm, partnership, association or individual, and such person shall exhibit the power of attorney authorizing such person to bind the surety before being allowed to execute the bond. (Code 1977, § 3-1033)

Atlanta City Code § 62-84 Imprisonment or detention in default of bond.

Sec. 62-84. - Imprisonment or detention in default of bond. If either parties or witnesses in the municipal court shall fail or refuse to give bond and security or bond, as required of them, the persons so failing or refusing may be confined in the station house or jail or be kept under a guard to ensure their presence at trial or to testify, as the case may be. (Code 1977, § 3-1034)

Atlanta City Code § 62-85 Forfeiture of bond for failure to appear.

Sec. 62-85. - Forfeiture of bond for failure to appear. (a) Any person charged in the municipal court with the violation of a section of this Code or an ordinance or an offense against the city who has posted a bond, including a recognizance or signature bond, for a personal appearance at a designated time and place and who fails to appear at this time shall forfeit the bond upon the call of the case for trial, and the court shall so declare in open court. (b) Forfeiture of a bond, including a recognizance or signature bond, shall not be a bar to a subsequent prosecution of the accused for the violation. (Code 1977, § 3-1035; Ord. No. 2018-03(18-O-1045), § 6, 2-6-18)

Atlanta City Code § 62-86 Bond forfeiture order to show cause.

Sec. 62-86. - Bond forfeiture order to show cause. (a) Upon failure of a person charged with a penal offense to appear before the municipal court at any time fixed for such person's hearing, the court may proceed to forfeit the bond or recognizance. (b) If the court proceeds with forfeiture, the judge shall, upon the failure to appear, order an execution hearing for a date not sooner than 60 days but not later than 90 days after the failure to appear. Within 72 hours of the failure to appear, notice of the execution hearing shall be given by first class mail by the clerk of the municipal court to the principal and to each surety at the addresses given on the bond or by personal service to the surety at its home office or to its designated registered agent. Notice shall be served in the form of a scire facias, setting the date of the hearing. (c) If at the execution hearing it is determined that judgment should be entered, the judge shall so order. (d) Where applicable, on application filed within 60 days from payment of judgment, the court shall order remission under the following conditions: (1) Provided the bond amount has been paid within 60 days after judgment and the delay has not prevented the proper prosecution of the principal, the court, on motion at a hearing upon proper notice having been given to the prosecuting attorney, shall direct a remission of 95 percent of the bond if the surety apprehended and surrendered the defendant or if the apprehension or surrender of the defendant was substantially procured by the surety or caused by the surety. Should the surety produce the principal within two years of the failure to appear, the surety shall be entitled to a refund of 50 percent of the bond payment; and (2) The prosecuting attorney must be given at least 20 days' notice before a hearing is held on the application for remission and must be furnished with copy of the application along with the affidavits and other documentation and evidence supporting such application. Remission shall be granted on the condition of the payment of costs by the surety. (e) A copy of the order shall be served upon the principal and surety if they can be found in the city, by the clerk of the municipal court or designated representative, at least 20 days before the time therein set for hearing. (Code 1977, §§ 3-1036, 3-1037; Ord. No. 2018-03(18-O-1045), § 7, 2-6-18)

Atlanta City Code § 62-87 Judgment on bond, issuance and collection of executions; effect of noncompliance.

Sec. 62-87. - Judgment on bond, issuance and collection of executions; effect of noncompliance. (a) Authority. If no sufficient cause is shown, the municipal judge or other officer presiding shall proceed to enter judgment against the principal and surety, under sections 62-85 and 62-86, for the amount of bond, including a recognizance or signature bond as applicable, and execution shall be issued for the amount of this judgment and placed in the hands of the municipal revenue collector, who shall proceed to collect it by levy and sale as in the case of tax executions. However, judgment shall not be entered against either principal or surety until service shall have been perfected. (b) Suspension of bondsperson's permit for noncompliance. Upon failure of any bondsperson to comply with this section or section 62-86 within ten days of the issuance of the execution, the permit and right of the bondsperson shall automatically and without further action be suspended. (c) Effect of suspension. The chief judge of any court under the jurisdiction of the city or the bond administrator shall immediately notify the chief of corrections in writing of the failure of any bondsperson or individual to comply with this section, and upon receipt of this notice the commissioner of corrections shall not permit this bondsperson or individual to visit persons incarcerated in the city jail. No bondsperson or individual shall have the right contemplated in this article to write further bonds for prisoners held by the city until this bondsperson's permit or individual's right has been reinstated by the mayor. (Code 1977, § 3-1038; Ord. No. 2002-71, § 71, 9-16-02; Ord. No. 2018-03(18-O-1045), § 8, 2-6-18)

Atlanta City Code § 62-88 Discharge of surety by surrender of principal; notice of surrender.

Sec. 62-88. - Discharge of surety by surrender of principal; notice of surrender. Any surety upon a bail bond may surrender the principal at any time to the officer on duty at the station house, who shall confine the principal until the principal has been discharged by order of the municipal court or by giving other and good security. This delivery of the principal shall discharge the surety of all further liability upon this bond, and the court shall after final judgment relieve the surety of the penalty of the bond upon the surrender of the principal. The chief of corrections or designated representative shall promptly advise the bond administrator and the particular court involved of any principal surrendered. (Code 1977, § 3-1041; Ord. No. 2002-71, § 71, 9-16-02)

Atlanta City Code § 62-89 Effect of original bond upon subsequent arrest on different offense.

Sec. 62-89. - Effect of original bond upon subsequent arrest on different offense. If a person has been arrested and has posted bond to appear at the trial for the offense charged, a fee or charge having been paid to a professional bondsperson for this bond, and if this person is subsequently arrested for a different offense while out on bail, this subsequent arrest shall not operate as a discharge of the bail on the original offense if the person gives bond on the subsequent different offense. Upon this occurring, no professional bondsperson shall be entitled to collect an additional fee or make an additional charge for providing a bond on the original offense, the original bond remaining in effect upon the posting of bond on the subsequent different offense. (Code 1977, § 3-1042)

Source: City of Atlanta, Code of Ordinances (Charter and Related Laws, General Ordinances, Land Development Code) (Municode Library, library.municode.com)URL: https://library.municode.com/ga/atlanta/codes/code_of_ordinances?nodeId=PTIICOORENOR_CH62CO_ARTIIMUCO_DIV3BAOTBOFetched: 10/28/2026