S 0798 General Bill, By Bryan
 A Bill to amend Section 38-53-50, as amended, Code of Laws of South Carolina,
 1976, relating to bail bondsmen and runners and surrender of defendant, so as
 to delete the provision that the court, at the hearing, may order the surety
 to refund to the defendant any fees paid toward the bail bond after deducting
 the surety's actual costs, reasonable expenses, and reasonable fees as
 determined by the court, delete certain other provisions, and provide for the
 surety to take the defendant before the magistrate or municipal judge having
 original jurisdiction.

   05/01/95  Senate Introduced and read first time SJ-15
   05/01/95  Senate Referred to Committee on Banking and Insurance SJ-15

A BILL

TO AMEND SECTION 38-53-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAIL BONDSMEN AND RUNNERS AND SURRENDER OF DEFENDANT, SO AS TO DELETE THE PROVISION THAT THE COURT, AT THE HEARING, MAY ORDER THE SURETY TO REFUND TO THE DEFENDANT ANY FEES PAID TOWARD THE BAIL BOND AFTER DEDUCTING THE SURETY'S ACTUAL COSTS, REASONABLE EXPENSES, AND REASONABLE FEES AS DETERMINED BY THE COURT, DELETE CERTAIN OTHER PROVISIONS, AND PROVIDE FOR THE SURETY TO TAKE THE DEFENDANT BEFORE THE MAGISTRATE OR MUNICIPAL JUDGE HAVING ORIGINAL JURISDICTION.

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

SECTION 1. Section 38-53-50 of the 1976 Code, as last amended by Act 179 of 1989, is further amended to read:

"Section 38-53-50. (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 take the defendant before the appropriate judge magistrate or municipal judge having the original jurisdiction 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, the surety may take the defendant before the appropriate judge magistrate or municipal judge having the original jurisdiction for a commitment order. If the appropriate judge magistrate or municipal judge having the original jurisdiction 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 magistrate or municipal judge having the original jurisdiction 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.

(B) The court, at the hearing, may order the surety to refund to the defendant any fees paid toward the bail bond after deducting the surety's actual costs, reasonable expenses, and reasonable fees, as determined by the court."

SECTION 2. This act takes effect upon approval by the Governor.