NORTH CAROLINA GENERAL ASSEMBLY

1969 SESSION

CHAPTER 1005

HOUSE BILL 1041

AN ACT PERMITTING A SURETY TO SURRENDER HIS PRINCIPAL WHEN SENTENCE IS SUSPENDED ON CONDITION OR THE PRINCIPAL IS OTHERWISE SUBJECTED TO THE CONTINUED JURISDICTION AND SUPERVISION OF THE COURT.

The General Assembly of North Carolina do enact:

Section 1.  Section 15-122 of the General Statutes of North Carolina is amended by adding a new paragraph to the end thereof as follows:

"If upon conviction of the principal, the court shall continue prayer for judgment, impose a sentence suspended upon condition that the principal perform or refrain from performing any act, suspend sentence and place the principal on probation, or impose any other judgment or sentence which subjects the principal to the continued jurisdiction and supervision of the court, the surety may surrender the principal to the court and shall thereupon be released from all obligation under the recognizance. Upon surrender of the principal in such instance, the principal may give new bail as provided in G.S. 15-123 for the faithful performance of the conditions of the judgment or sentence."

Sec. 2.  All laws and clauses of laws in conflict with this Act are repealed.

Sec. 3.  This Act shall take effect upon its ratification.

In the General Assembly read three times and ratified, this the 23rd day of June, 1969.