H 3036 Session 111 (1995-1996)
H 3036 General Bill, By Scott, J. Brown and Knotts
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 principle pursuant to court order; to
amend Section 38-53-170, as amended, 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.
12/14/94 House Prefiled
12/14/94 House Referred to Committee on Judiciary
01/10/95 House Introduced and read first time HJ-16
01/10/95 House Referred to Committee on Judiciary HJ-17
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, AS AMENDED,
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 reasonably will not 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 a 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, as last
amended by Section 696, Act 181 of 1993, is further 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 director or his designee by the
court within thirty days;"
SECTION 5. This act takes effect upon approval by the
Governor.
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