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S. 1211

STATUS INFORMATION

General Bill
Sponsors: Senator Reese
Document Path: l:\council\bills\swb\5921cm04.doc

Introduced in the Senate on April 28, 2004
Currently residing in the Senate Committee on Judiciary

Summary: Bench warrants, recognizance case, disposition of funds

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
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   4/28/2004  Senate  Introduced and read first time SJ-15
   4/28/2004  Senate  Referred to Committee on Judiciary SJ-15

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

4/28/2004

TO AMEND SECTION 17-15-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPOSITION OF FUNDS COLLECTED DURING A PROCEEDING IN A FORFEITURE OF RECOGNIZANCE CASE, SO AS TO PROVIDE THAT THE PORTION OF THE FUNDS COLLECTED THAT ARE REMITTED CURRENTLY TO THE SOLICITOR'S OFFICES MUST BE REMITTED TO THE SCHOOL BOARDS IN THE COUNTY IN WHICH THE FORFEITURE IS ORDERED; AND TO AMEND SECTION 38-53-70, AS AMENDED, RELATING TO THE ISSUANCE OF A BENCH WARRANT WHEN A DEFENDANT FAILS TO APPEAR AT A COURT PROCEEDING IN WHICH HE HAS BEEN SUMMONED, SO AS TO INCREASE THE PERIOD OF TIME A SURETY IS REQUIRED TO SURRENDER THE DEFENDANT OR PLACE A HOLD ON THE DEFENDANT'S RELEASE BEFORE HIS BOND IS FORFEITED, TO REQUIRE THE COURT TO NOTIFY THE DEFENDANT'S SURETY BY CERTIFIED MAIL THAT A BENCH WARRANT HAS BEEN ISSUED FOR THE DEFENDANT AND ALL SCHEDULED COURT APPEARANCES FOR THE DEFENDANT, AND TO PROVIDE THAT WHEN A PROCEEDING IS NOT HELD WITHIN A YEAR OF A DEFENDANT'S ARREST, THE SURETY MUST BE RELEASED FROM HIS OBLIGATIONS PURSUANT TO A BOND.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 17-15-260 of the 1976 Code is amended to read:

"Section 17-15-260.    The funds collected pursuant to this chapter must be remitted in the following manner: twenty-five percent to the general fund of the State, twenty-five percent to the solicitor's office school board in the county in which the forfeiture is ordered and on a proportionate basis based on student population in counties with multiple school boards, and fifty percent to the county general fund of the county in which the forfeiture is ordered.

However, if the case in which forfeiture is ordered is originated by a municipality, the funds collected pursuant to this chapter must be remitted in the following manner: twenty-five percent to the general fund of the State, twenty-five percent to the solicitor's office in the county in which the forfeiture is ordered, and twenty-five percent to the county general fund of the county in which the forfeiture is ordered and twenty-five percent to the municipality.

All funds to be deposited in the state general fund shall be transmitted to the State Treasurer."

SECTION    2.    Section 38-53-70 of the 1976 Code, as last amended by Act 329 of 2002, is further amended to read:

"Section 38-53-70.    (A)    If a defendant fails to appear at a court proceeding to which he has been summoned, the court must issue a bench warrant for the defendant. The court must notify the defendant's surety by certified mail that a bench warrant has been issued and of all scheduled court appearances. If the surety fails to surrender the defendant or place a hold on the defendant's release from incarceration, commitment, or institutionalization within thirty ninety days of the issuance of the bench warrant, the bond shall be forfeited. At any time before execution is issued on a judgment of forfeiture against a defendant or his surety, the court may direct that the judgment be remitted in whole or in part, upon conditions as the court may impose, if it appears that justice requires the remission of part or all of the judgment. In making a determination as to remission of the judgment, the court shall consider the costs to the State or any county or municipality resulting from the necessity to continue or terminate the defendant's trial and the efforts of law enforcement officers or agencies to locate the defendant. The court in its discretion may permit the surety to pay the estreatment in installments for a period of up to six months; however . However, the surety must pay a handling fee to the court in an amount equal to four percent of the value of the bond. If at any time during the period in which installments are to be paid the defendant is surrendered to the appropriate detention facility and the surety complies with the re-commitment procedures, the surety is relieved of any further liability.

(B)    When a proceeding is not held within a year of a defendant's arrest, the surety must be released from his obligations pursuant to a bond."

SECTION    3.    This act takes effect upon approval by the Governor.

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