§ 24-40. When no judgment of forfeiture shall be decreed.

(a)

No judgment shall be rendered decreeing the forfeiture of any appearance bond if it is shown to the satisfaction of the court by the sworn statement of a reputable physician that the principal in the bond was prevented from attending by some mental or physical disability.

(b)

No judgment shall be rendered decreeing the forfeiture of any appearance bond if it is shown to the satisfaction of the court that the principal in the bond was prevented from attending because he was detained in a penal institution in another jurisdiction. A sworn affidavit of the warden or other responsible officer of the penal institution in which the principal has been detained shall be considered adequate proof of the principal's detention.

(c)

If the prosecution does not try the charges against a defendant within a period of one year after the date of posting bond, no judgment rendered after such period decreeing the forfeiture of the appearance bond may be enforced against the surety of the bond. This provision shall not apply where the prosecution's failure to try the charges is due to the fault of the defendant.

(Code 1977, § 29-22(e); Ord. No. 86-23, §§ 1—6, 5-6-1986; Ord. No. 86-32, 9-2-1986; Ord. No. 15-09, § 1(29-42), 7-7-2015)

State law reference

Forfeiture of bond, O.C.G.A. § 17-6-31; conditions not warranting forfeiture of bond, O.C.G.A. § 17-6-72.