H 3809 Session 109 (1991-1992)
H 3809 General Bill, By Scott and J. Brown
A Bill to amend Section 17-15-10, Code of Laws of South Carolina, 1976,
relating to release on personal recognizance, so as to provide that a personal
recognizance bond may be issued only for a first offense of a noncapital crime
and only once within a twelve-month period; to amend Section 38-53-50, as
amended, relating to surrender of defendant by bail bondsmen, so as to provide
additional circumstances for a bondsman to obtain a commitment order; to amend
Section 38-53-70, relating to remission of judgment, so as to provide a
specific time period for tender of the principal pursuant to court order; to
amend Section 38-53-170, relating to unlawful acts, so as to provide that a
bondsman or runner may attend proceedings in court directly related to the
issuance of bonds or status of cases involving the bondsman.
04/10/91 House Introduced and read first time HJ-13
04/10/91 House Referred to Committee on Judiciary HJ-14
A BILL
TO AMEND SECTION 17-15-10, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO RELEASE ON PERSONAL
RECOGNIZANCE, SO AS TO PROVIDE THAT A PERSONAL
RECOGNIZANCE BOND MAY BE ISSUED ONLY FOR A FIRST
OFFENSE OF A NONCAPITAL CRIME AND ONLY ONCE WITHIN
A TWELVE-MONTH PERIOD; TO AMEND SECTION 38-53-50, AS
AMENDED, RELATING TO SURRENDER OF DEFENDANT BY
BAIL BONDSMEN, SO AS TO PROVIDE ADDITIONAL
CIRCUMSTANCES FOR A BONDSMAN TO OBTAIN A
COMMITMENT ORDER; TO AMEND SECTION 38-53-70,
RELATING TO REMISSION OF JUDGMENT, SO AS TO PROVIDE
A SPECIFIC TIME PERIOD FOR TENDER OF THE PRINCIPAL
PURSUANT TO COURT ORDER; TO AMEND SECTION 38-53-170,
RELATING TO UNLAWFUL ACTS, SO AS TO PROVIDE THAT A
BONDSMAN OR RUNNER MAY ATTEND PROCEEDINGS IN
COURT DIRECTLY RELATED TO THE ISSUANCE OF BONDS OR
STATUS OF CASES INVOLVING THE BONDSMAN.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 17-15-10 of the 1976 Code is amended to read:
"Section 17-15-10. Any A person charged
with a noncapital offense triable in either the magistrate's,
county, or circuit court, shall, at his appearance before
any of such the courts, must be ordered
released pending trial on his own recognizance without surety in an
amount specified by the court, unless. A person may be
released on his own recognizance when charged with the first offense of
a noncapital offense and only once within a twelve-month period.
If the court determines in its discretion that such a release
will not reasonably assure the appearance of the person as required, or
unreasonable danger to the community will result. If such a
determination is made by the court, it may impose any one or more
of the following conditions of release:
(a) require the execution of an appearance bond in a specified
amount with good and sufficient surety or sureties approved by the
court;
(b) place the person in the custody of a designated person or
organization agreeing to supervise him;
(c) place restrictions on the travel, association, or place of
abode of the person during the period of release;
(d) impose any other conditions deemed
considered reasonably necessary to assure appearance as
required, including a condition that the person return to custody after
specified hours."
SECTION 2. Section 38-53-50(A) of the 1976 Code, as last amended
by Act 179 of 1989, is further amended to read:
"(A) A surety desiring to surrender a defendant for `good
cause' or the nonpayment of fees must give three days' notice to the
defendant and his attorney of his intention to attempt to revoke the bail
bond. After the three-day period has expired, the surety shall
then shall take the defendant before the appropriate judge and
show good cause why he should be relieved to obtain a commitment
order and deliver it together with the defendant to the official in charge
of incarcerating defendants. However, if circumstances exist in which
incarceration of the defendant is required to prevent imminent violation
of the specific terms of the bail bond, or if the defendant has
previously violated the specific terms of the bail bond, the surety
may take the defendant before the appropriate judge for a commitment
order. If the appropriate judge is not available within a reasonable
period of time or if circumstances warrant immediate incarceration of
the defendant, the surety may deliver the defendant with an affidavit
stating the facts to support the surrender of the defendant for good cause.
If the surety surrenders the defendant with an affidavit, the surety must
take the defendant before the next available appropriate judge for a
commitment order. A surety who surrenders a defendant with an
affidavit for less than good cause is subject to penalties imposed for
perjury as provided in Article 1, Chapter 9 of Title 16."
SECTION 3. Section 38-53-70 of the 1976 Code is amended to read:
"Section 38-53-70. At any time before execution is issued on
a judgment of forfeiture against a principal 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. If the surety surrenders the principal
within six months of an order of forfeiture, the surety may be refunded
the whole amount of the judgment. If the surety surrenders the principal
within twelve months of an order of forfeiture, the surety may be
refunded one-half of the judgment amount. 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 principal's trial and the efforts of
law enforcement officers or agencies to locate the principal."
SECTION 4. Section 38-53-170(f) of the 1976 Code is amended to
read:
"(f) solicit business in any of the courts or on the premises of
any of the courts of this State, in the office of any magistrate, or in or
about any place where prisoners are confined. Law enforcement officers
and jailers shall report any violations of this provision to the
court. A bondsman or runner is not prohibited from attending any
court proceeding pursuant to or directly affecting his business or persons
he represents. Any action taken pursuant to this provision resulting
in a conviction, guilty plea, or plea of nolo contendere pursuant to
Section 38-53-340 must be reported to the commissioner by the court
within thirty days;"
SECTION 5. This act takes effect upon approval by the Governor.
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