H 3041 Session 110 (1993-1994)
H 3041 General Bill, By Scott
A Bill to amend Section 17-15-10, Code of Laws of South Carolina, 1976,
Section 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.
01/12/93 House Introduced and read first time HJ-29
01/12/93 House Referred to Committee on Judiciary HJ-29
04/22/93 House Tabled in committee
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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