H 4811 Session 112 (1997-1998)
H 4811 General Bill, By Scott and Harrison
A BILL TO AMEND CHAPTER 53 OF TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976,
AS AMENDED, RELATING TO BAIL BONDSMEN AND RUNNERS, SO AS TO REVISE THE
DEFINITION OF "ACCOMMODATION BONDSMAN", PROVIDE A DEFINITION FOR "COURT" AND
"GOOD CAUSE", TO SUBSTITUTE THE PROCEDURE THAT ALLOWS A SURETY TO BE RELIEVED
ON A BOND FOR THE PROCEDURE THAT ALLOWS A SURETY TO SURRENDER A DEFENDANT, TO
ESTABLISH A PROCEDURE THAT ALLOWS A SURETY TO PAY AN ESTREATMENT IN
INSTALLMENTS, TO SUBSTITUTE "PROFESSIONAL BONDSMAN", AND "SURETY BONDSMAN" FOR
"BAIL BONDSMAN", TO PROVIDE EDUCATIONAL REQUIREMENTS FOR A PERSON APPLYING FOR
A LICENSE TO WORK AS A LICENSED PROFESSIONAL BONDSMAN, SURETY BONDSMAN OR
RUNNER, AND REVISE THE LICENSE EXAMINATION PROCEDURE, TO REDUCE THE FEE THAT A
BONDSMAN PAYS TO A COUNTY CLERK OF COURT AND PROVIDE THAT A RUNNER ALSO SHALL
PAY THIS FEE, TO REVISE THE LICENSE RENEWAL PROCEDURE FOR PROFESSIONAL AND
SURETY BONDSMEN AND RUNNERS, TO PROVIDE THAT A PROFESSIONAL OR SURETY BONDSMAN
OR RUNNER WHOSE LICENSE HAS BEEN REVOKED MUST NOT BE ISSUED ANOTHER LICENSE
FOR A CERTAIN PERIOD BEFORE BEING RELICENSED, TO DELETE THE CONDITIONS UPON
WHICH A BONDSMAN MAY SIGN OR COUNTERSIGN BLANK BAIL BONDS, OR AUTHORIZE
ANOTHER TO COUNTERSIGN HIS NAME TO BONDS, TO SUBSTITUTE "COMPANY APPOINTING
SURETY BONDSMAN" FOR "INSURER" AND REQUIRE THAT ALL BONDS WRITTEN BY A SURETY
BONDSMAN SHALL HAVE ATTACHED THE INDIVIDUAL POWER OF ATTORNEY IN THE AMOUNT OF
THE BOND, TO REVISE THE PROCEDURE THAT ALLOWS THE SUBSTITUTION OF BAIL BY
SURETIES BY REQUIRING THE FILING OF A NEW UNDERTAKING WITH THE COURT EXECUTED
BY THE DEFENDANT AND THE SURETIES WHEN BAIL IS SUBSTITUTED BY SURETIES, TO
REVISE THE REQUIREMENT THAT A BONDSMAN SHALL MAINTAIN CERTAIN DEPOSITS WITH A
CLERK OF COURT BY REQUIRING A MINIMUM OF TEN THOUSAND DOLLARS IN COLLATERAL BE
IN THE FORM OF CASH OR CERTIFICATES OF DEPOSIT WITH THE REMAINING COLLATERAL
IN THE FORM OF REAL ESTATE, AND TO REVISE THE PENALTY FOR VIOLATIONS OF
PROVISIONS CONTAINED IN THIS CHAPTER.
03/17/98 House Introduced and read first time HJ-5
03/17/98 House Referred to Committee on Judiciary HJ-5
A BILL
TO AMEND CHAPTER 53 OF TITLE 38, CODE OF LAWS OF
SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO BAIL
BONDSMEN AND RUNNERS, SO AS TO REVISE THE
DEFINITION OF "ACCOMMODATION
BONDSMAN", PROVIDE A DEFINITION FOR
"COURT" AND "GOOD CAUSE", TO
SUBSTITUTE THE PROCEDURE THAT ALLOWS A SURETY
TO BE RELIEVED ON A BOND FOR THE PROCEDURE THAT
ALLOWS A SURETY TO SURRENDER A DEFENDANT, TO
ESTABLISH A PROCEDURE THAT ALLOWS A SURETY TO
PAY AN ESTREATMENT IN INSTALLMENTS, TO
SUBSTITUTE "PROFESSIONAL BONDSMAN", AND
"SURETY BONDSMAN" FOR "BAIL
BONDSMAN", TO PROVIDE EDUCATIONAL
REQUIREMENTS FOR A PERSON APPLYING FOR A LICENSE
TO WORK AS A LICENSED PROFESSIONAL BONDSMAN,
SURETY BONDSMAN, OR RUNNER, AND REVISE THE
LICENSE EXAMINATION PROCEDURE, TO REDUCE THE FEE
THAT A BONDSMAN PAYS TO A COUNTY CLERK OF
COURT AND PROVIDE THAT A RUNNER ALSO SHALL PAY
THIS FEE, TO REVISE THE LICENSE RENEWAL PROCEDURE
FOR PROFESSIONAL AND SURETY BONDSMEN AND
RUNNERS, TO PROVIDE THAT A PROFESSIONAL OR
SURETY BONDSMAN OR RUNNER WHOSE LICENSE HAS
BEEN REVOKED MUST NOT BE ISSUED ANOTHER LICENSE
FOR A CERTAIN PERIOD BEFORE BEING RELICENSED, TO
DELETE THE CONDITIONS UPON WHICH A BONDSMAN
MAY SIGN OR COUNTERSIGN BLANK BAIL BONDS, OR
AUTHORIZE ANOTHER TO COUNTERSIGN HIS NAME TO
BONDS, TO SUBSTITUTE "COMPANY APPOINTING
SURETY BONDSMAN" FOR "INSURER" AND
REQUIRE THAT ALL BONDS WRITTEN BY A SURETY
BONDSMAN SHALL HAVE ATTACHED THE INDIVIDUAL
POWER OF ATTORNEY IN THE AMOUNT OF THE BOND, TO
REVISE THE PROCEDURE THAT ALLOWS THE
SUBSTITUTION OF BAIL BY SURETIES BY REQUIRING THE
FILING OF A NEW UNDERTAKING WITH THE COURT
EXECUTED BY THE DEFENDANT AND THE SURETIES
WHEN BAIL IS SUBSTITUTED BY SURETIES, TO REVISE THE
REQUIREMENT THAT A BONDSMAN SHALL MAINTAIN
CERTAIN DEPOSITS WITH A CLERK OF COURT BY
REQUIRING A MINIMUM OF TEN THOUSAND DOLLARS IN
COLLATERAL BE IN THE FORM OF CASH OR CERTIFICATES
OF DEPOSIT WITH THE REMAINING COLLATERAL IN THE
FORM OF REAL ESTATE, AND TO REVISE THE PENALTY
FOR VIOLATIONS OF PROVISIONS CONTAINED IN THIS
CHAPTER.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Chapter 53 of Title 38 of the 1976 Code is amended
to read:
"CHAPTER 53
Bail Bondsmen and Runners
Section 38-53-10. As used in this chapter:
(1) 'Accommodation bondsman' means a person who has reached
the age of eighteen years, is a resident of this State, who, aside from
love and affection and release of the person concerned, receives no
consideration for action as surety, and who endorses the bail bond
after providing satisfactory evidence of ownership, value, and
marketability of real or personal property to the extent
necessary to satisfy reasonably the official taking bond that the real
or personal property will in all respects be sufficient
to assure that the full principal sum of the bond will be
is realized in the event of breach of the conditions of the
bond. 'Consideration' as used in this item does not include the legal
rights of a surety against a principal by reason of breach of the
conditions of a bail bond nor does it include collateral furnished to
and securing the surety so long as the value of the surety's rights in
the collateral does not exceed the principal's liability to the surety by
reason of a breach in the conditions of the bail bond.
(2) 'Bail bond' means an undertaking by the principal to appear in
court as required upon penalty of forfeiting bail to the State in a
stated amount and may include an unsecured appearance bond, a
premium-secured appearance bond, an appearance bond secured by
a cash deposit of the full amount of the bond, an appearance bond
secured by a mortgage, and an appearance bond secured by at least
one surety.
(3) 'Bail bondsman' means a surety bondsman, professional
bondsman, or an accommodation bondsman as defined in this
chapter.
(4) 'Clerk of Court', unless otherwise specified, means the clerk of
the circuit court of the county in the State state where
the bondsman currently is currently writing or
obligated on the majority of those bail bonds which he has written or
on which he is obligated.
(5) 'Court', unless otherwise specified, means circuit court.
(6) 'Insurer' means any a domestic, foreign,
or alien surety company which has qualified generally to transact
surety business and specifically to transact bail bond business in this
State.
(6)(7) 'Obligor' means a principal or a surety on
a bail bond.
(7)(8) 'Principal' means a defendant or witness
obligated to appear in court as required upon penalty of forfeiting bail
under a bail bond.
(8)(9) 'Professional bondsman' means any
a person who is approved and licensed under the provisions
of this chapter and who pledges cash or approved securities with the
clerk of court as security for bail bonds written in connection with a
judicial proceeding and receives or is promised money or other things
of value for the pledge.
(9)(10) 'Runner' means a person employed by a
bail bondsman for the purpose of assisting the bail bondsman in
presenting the defendant in court when required, to assist in the
apprehension and surrender of the defendant to the court, keeping the
defendant under necessary surveillance, or to execute bonds on behalf
of the licensed bondsman when the power of attorney has been
recorded. 'Runner' does not include an attorney or a law enforcement
officer assisting a bondsman.
(10)(11) 'Surety' means one a
person who, with the principal, is liable for the amount of the
bail bond upon forfeiture of bail.
(11)(12) 'Surety bondsman' means any
a person who is approved by and licensed by the director or
his designee as an insurance agent, appointed by an insurer by power
of attorney to execute or countersign bail bonds for the insurer in
connection with judicial proceedings, and receives or is promised
money or other things of value for the execution or countersignature.
(12)(13) 'Appropriate judge' means a magistrate,
municipal, or circuit court judge who has jurisdiction over the
defendant.
(13)(14) 'Good cause' means the violation of a
specific term of the bail bond not to include the nonpayment of fees.
Section 38-53-20. The director or his designee, clerks of court, and
the State Law Enforcement Division have full power and
authority to shall administer those the
provisions of this chapter for which they are charged with
implementing. The department shall promulgate regulations to
enforce the purposes and provisions of this chapter. The director
may shall hire employees, examiners, investigators,
and other assistants as he considers necessary and shall prescribe
their duties.
Section 38-53-30. No An undertaking is
not invalid, nor may any shall a person be
discharged from his undertaking, a forfeiture be stayed, the judgment
on the undertaking be stayed, set aside, or reversed, nor the collection
of the judgment be barred or defeated by reason of any
a defect, omission, or failure to note or record the default of
any a principal or surety, because the undertaking
was entered into on a Sunday or other holiday or because of any
other another irregularity, if it appears from the tenor of
the undertaking that the official before whom it was entered into was
legally authorized to take it and if the amount of bail was stated.
The liability of a person on an undertaking is not affected by reason
of the lack of any qualifications, sufficiency, or competency provided
in any other another law in this State, by reason of
any other another agreement whether or not the
agreement is expressed in the undertaking, or because the defendant
has not joined in the undertaking.
Section 38-53-40. Each A surety for the release of
a person on bail must be qualified as:
(a) an insurer and represented by a surety bondsman;
(b) a professional bondsman; or
(c) an accommodation bondsman.
Section 38-53-50. (A) A surety desiring to surrender a
defendant be relieved on a bond 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. shall file with the court a motion to be relieved. A
copy of the motion must be served on the defendant, his attorney, and
the solicitor's office. The court then shall schedule a hearing to
determine if the surety should be relieved on the bond and advise all
parties of the hearing date. After the three-day period has
expired, the surety shall then 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, 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.
(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. If the circumstances warrant
immediate incarceration of the defendant to prevent imminent
violation of any of the specific terms of the bail bond, or if the
defendant has violated any of the specific terms of the bond, the
surety may take the defendant to the appropriate detention facility for
holding until the court orders that the surety is relieved. The surety
must file immediately with the detention facility and the court an
affidavit stating the facts to support the surrender of the defendant for
good cause or the nonpayment of fees. When the affidavit is filed
with the court, the surety also must file a motion to be relieved on the
bond pursuant to subsection (A). A surety who surrenders a
defendant and files an affidavit which does not show good cause or
the nonpayment of fees is subject to penalties imposed for perjury as
provided for in Article 1, Chapter 9 of Title 16.
(C) After the surety has been relieved by order of the court, a new
undertaking must be filed with the appropriate court in order to
secure the re-release of the defendant. The undertaking must contain
the same conditions included in the original bond unless the
conditions have been changed by the court.
Section 38-53-60. For the purpose of surrendering the defendant,
the surety may shall arrest him before the forfeiture
of the undertaking or, by his written authority endorsed on a certified
copy of the undertaking, may shall request
any a judicial officer to order the arrest of the
defendant by the surety.
Section 38-53-70. At any time before Before
execution is issued on a judgment of forfeiture against a
principal 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 a county or
municipality resulting from the necessity to continue or terminate the
principal's defendant's trial and the efforts of law
enforcement officers or agencies to locate the principal.
defendant. The court in its discretion may permit the surety to
pay the estreatment in installments of up to six months. If the
defendant is surrendered to the appropriate detention facility and the
surety complies with the recommitment procedures before an
installment is due, the surety is relieved of further liability.
Section 38-53-80. No A person may not
act in the capacity of a bail professional
bondsman, surety bondsman, or runner or perform any of the
functions, duties, or powers prescribed for bail
professional or surety bondsmen or runners under the
provisions of this chapter unless that person is qualified and,
except as regards an for an accommodation
bondsman, licensed in accordance with the provisions of this chapter.
No license may be issued to a professional bondsman, surety
bondsman, or runner except as provided in this chapter.
The applicant shall apply for a license or renewal of a license on
forms prepared and supplied by the director or his designee. The
director or his designee may ask the applicant any questions, written
or otherwise, relating to his qualifications, residence, prospective
place of business, and any other inquiries which, in the opinion of the
director or his designee, are necessary in order to protect the public
and ascertain the qualifications of the applicant. The director or his
designee shall request that the State Law Enforcement Division
conduct any a reasonable investigation relative to the
determination of the applicant's fitness to be licensed or to continue
to be licensed.
The failure of the applicant to secure approval of the director or his
designee does shall not preclude him from applying
as many times as he desires, but no application may be considered by
the director or his designee within one year subsequent to the date
upon which the director or his designee denied the last application.
Section 38-53-86. (A) An applicant for a license to
work as a professional bondsman, surety bondsman, or runner must
complete not less than twenty hours of education in subjects pertinent
to the duties and responsibilities of professional and surety bondsmen
or runners, including all laws and regulations related to being a
professional bondsman, surety bondsman, or runner. A standard
written examination must be administered at the conclusion of the
course work. Each applicant must pass the examination before he is
licensed.
A person licensed as a professional bondsman, surety bondsman, or
runner must complete annually not less than six hours of continuing
education in subjects related to the duties and responsibilities of
professional bondsmen, surety bondsmen, or runners before renewal
of his license. The continuing education courses shall not include a
written or oral examination.
(B) A person licensed as a professional bondsman, surety
bondsman, or runner before the effective date of this section is not
required to complete twenty hours of education before being licensed,
but must complete six hours of continuing education courses in order
to have his license renewed.
(C) The Department of Insurance shall establish an education
curriculum for bondsman licensure. The department may contract
with a third party to perform this function. The department must
approve the courses offered by a third party contractor and ensure
that the courses meet the standards for education established by this
section and the department. The department also must approve a
standard written examination to be administered by any third party
contractor to be administered at the conclusion of the twenty-hour
course work.
(D) A person who falsely represents that he has met the
educational requirements of this section is subject, after being
afforded notice and a due process hearing by the department, to the
penalty provided in Section 38-53-340.
(E) The director shall promulgate regulations for the effective
administration of this section.
Section 38-53-90. Before a license is issued to an applicant
permitting him to act as a professional bondsman, surety
bondsman, or runner, the applicant shall furnish to the
director or his designee a complete set of his fingerprints and a recent
passport size full-face photograph of himself. The applicant's
fingerprints must be certified by an authorized law enforcement
officer.
Before being issued the license, every applicant for a license as a
professional bondsman, surety bondsman, or runner shall
satisfy certify to the director or his designee that he:
(a) is eighteen years of age or older;
(b) is a resident of this State;
(c) is a person of good moral character and has not been convicted
of a felony or any a crime involving moral turpitude
within the last ten years;
(d) has knowledge, training, or experience of sufficient duration
and extent to satisfy reasonably the director or his designee that he
possesses the competence necessary to fulfill the responsibilities of
a licensee.
Section 38-53-100. (a)(A) A license fee of four
hundred dollars must be paid to the director or his designee with each
application for license as a professional or surety bondsman.
The first year after enactment the director or his designee
shall forward four hundred dollars to the State Treasurer to be placed
in the general fund;. however
However, of the four hundred dollars, the amount of two
hundred dollars must be paid over to the director or his designee to
offset those the costs he incurs under the provisions
of this chapter, and two hundred dollars must be paid over to the
State Law Enforcement Division to offset those the
costs it may incur under the provisions of this chapter. Any
applicant paying the initial license fee required by this section prior
to July 1, 1987, is not required to pay any license renewal fee prior
to July 1, 1987.
(b)(B) A license fee of two hundred dollars must
be paid to the director or his designee with each application for a
license as a runner. The first year after enactment, the
director or his designee shall forward two hundred dollars to the State
Treasurer to be placed in the general fund; however, of the two
hundred dollars, the amount of one hundred dollars must be paid over
to the director or his designee to offset those costs he incurs under the
provisions of this chapter, and one hundred dollars must be paid over
to the State Law Enforcement Division to offset those costs it incurs
under the provisions of this chapter. Any applicant paying the
initial license fee required by this section prior to July 1, 1987, is not
required to pay any license renewal fee prior to July 1, 1987.
(c)(C) Beginning the second year after
enactment, the The director or his designee shall forward
forty percent of all fees collected under subsections (a)
(A) and (b) (B) of this section to the clerk
of court of the county where the principal place of business of the
bondsman or runner is located. The remaining sixty percent of
collected fees must be forwarded to the State Treasurer to be placed
in the general fund of which one-third must be paid to the State Law
Enforcement Division and two-thirds paid to the director or his
designee to offset expenses incurred under the provisions of this
chapter.
(d)(D) In addition to the fees herein provided, a
professional or surety bondsman shall pay to the clerk of
court of any his home county where he is doing
business other than the county of his principal place of business
the sum of one hundred dollars annually to be paid directly to and
retained by the clerk. In addition, each bondman and runner shall
pay to any other county where he is doing business fifty dollars to the
clerk of court. The fee must be paid annually to the clerk of court
and deposited in an account maintained by the clerk of court.
Any applicant paying the initial license fee required by this
section prior to July 1, 1987, is not required to pay any license
renewal fee prior to July 1, 1987.
Section 38-53-105. In addition to the other requirements of
this chapter, a surety bondsman shall pay to the clerk of court of each
county where he does business other than the county of his principal
place of business the sum of one hundred dollars. The fee must be
paid annually and directly to the clerk of court who shall deposit it in
an account maintained by him for the collection of fees.
Reserved.
Section 38-53-110. In addition to the other requirements of this
chapter, an applicant for a professional or surety bondsman's
license shall furnish annually a detailed financial statement under
oath and in a form as the director or his designee may require. The
statement is subject to the same examination as is prescribed by law
for domestic insurance companies.
Section 38-53-120. In addition to the other requirements of this
chapter, an applicant for a license to be a runner shall show
affirmatively that:
(a) the applicant he will be employed by only one
bail bondsman who shall supervise the work of the applicant and is
responsible for the runner's conduct in the bail bond business;
(b) the application is endorsed by the appointing bail bondsman
who shall obligate himself in the application to supervise the runner's
activities.
Section 38-53-130. Except as provided in this chapter, an
applicant for a license to be a professional bondsman or runner is
required to take a written examination testing his ability and
qualifications. The examination may be prepared and administered
by the director or his designee, or the director or his designee may,
in his discretion, enter into an arrangement with a competent outside
testing authority for the administration of the examinations. In the
event that the director or his designee enters into an arrangement with
an outside testing authority to administer examinations, the scope,
content, and subject matter of the examination administered, as well
as all registration, fee, and test procedure requirements of the outside
testing authority, at all times, are subject to the approval of and
modification by the director or his designee. The failure of an
applicant to pass an examination does not preclude him from taking
subsequent examinations; however, at least six months must elapse
between such examinations. Reserved.
Section 38-53-140. All licenses issued pursuant to the provisions
of this chapter expire annually on June thirtieth unless revoked or
suspended prior to before that time by the director or
his designee or upon notice served upon the director or his designee
that the employer of any a runner has canceled the
licensee's authority to act for the employer.
A renewal license must be issued by the director or his designee to
a licensee who has continually maintained his license in effect
without further examination met the continuing education
requirements contained in Section 38-53-86 upon the payment
of a renewal fee of two hundred dollars in the case of
for runners and four hundred dollars in the case of
for professional and surety bondsmen, but the
licensees are required in all other respects to comply with the
provisions of this chapter. After the receipt of the licensee's
application for renewal, the current license continues in effect until
the renewal license is issued or denied for cause.
Section 38-53-150. (a)(A) The director or his
designee may deny, suspend, revoke, or refuse to renew any license
issued under this chapter for any of the following causes:
(1) for any cause sufficient to deny issuance of the
original license;
(2) violation of any laws of this State relating to bail in the
course of dealings under the license issued him to a
bondsman or runner by the director or his designee;
(3) material misstatement, misrepresentation, or fraud in
obtaining the license;
(4) misappropriation, conversion, or unlawful withholding of
monies belonging to insurers or others and received in the conduct of
business under the license;
(5) fraudulent or dishonest practices in the conduct of
business under the license while conducting business as a
licensee;
(6) conviction of a felony within the last ten years regardless of
whether the conviction resulted from conduct in or related to the bail
bond business;
(7) failure to comply with or violation of the provisions of this
chapter or of any order of the director or his designee or regulation
of the department;
(8) when in the judgment of the director or his designee the
licensee has in the conduct of his affairs under the license
demonstrated incompetency or untrustworthiness, that he is no longer
in good faith carrying on the bail bond business, or that he is guilty
of rebating, offering to rebate, or offering to divide the premiums
received for the bond;
(9) for failing failure to pay any judgment or
decree rendered on any forfeited undertaking in any court of
competent jurisdiction;
(10) for charging or receiving as premium or
compensation for the making of any deposit or bail bond any sum in
excess of that permitted by this chapter;
(11) for requiring as a condition of his executing a bail
bond that the principal agree to engage the services of a specified
attorney.
(b)(B) The director or his designee, in lieu of
revoking or suspending a license in accordance with the provisions
of this chapter, in any one proceeding, by order, may require the
licensee to pay to the director or his designee to be deposited in the
general fund of the state State a monetary penalty as
provided in Section 38-2-10(2) for each offense. Upon failure of the
licensee to pay the penalty within twenty days after the mailing of the
order, postage prepaid, registered, and addressed to the last known
place of business of the licensee, unless the order is stayed by an
order of a court of competent jurisdiction, the director or his designee
may revoke the license of the licensee or may suspend the license for
a period as he determines.
(C) A professional or surety bondsman or runner whose license has
been revoked must not be issued another license of a period of one
year and shall meet all requirements under this chapter before the
department may relicense him.
Section 38-53-160. No A license may
not be refused, suspended, or revoked, or renewal refused,
except on reasonable notice and opportunity to be heard afforded the
person licensed or seeking renewal of the license. Any
An applicant for a license as a bail professional
or surety bondsman or runner whose application has been denied
or whose license has been suspended or revoked, or renewal of the
license denied, has the right of appeal from the final order of the
director or his designee to the Administrative Law Judge Division as
provided by law.
Section 38-53-170. No bail A bondsman or
runner may not:
(a) pay a fee or rebate or give or promise anything of value,
directly or indirectly, to a jailer, law enforcement officer, committing
magistrate, or any other another person who has
power to arrest or hold in custody, or to any a public
official or public employee in order to secure a settlement,
compromise, remission, or reduction of the amount of any bail bond
or the forfeiture of the bail bond, including the payment to the law
enforcement officers, directly or indirectly, for the arrest or
apprehension of a principal or principals who have caused a
forfeiture;
(b) pay a fee or rebate or give anything of value to an attorney in
bail bond matters, except in defense of any action on a bond;
(c) pay a fee or rebate or give or promise anything of value to the
principal or anyone in his behalf;
(d) participate in the capacity of an attorney at a trial or hearing of
one on whose bond he is surety, nor suggest or advise the
employment of or name for employment any particular attorney to
represent his principal;
(e) accept anything of value from a principal except the premium,
which may shall not exceed fifteen percent of the
face amount of the bond, with a minimum fee of twenty-five dollars.
However, the bondsman is permitted to accept collateral security or
other indemnity from the principal which must be returned upon final
termination of liability on the bond. The bondsman shall identify
who is paying the premium and shall represent that the collateral
security or other indemnity has not been obtained from any
a person who has a greater interest in the principal's
disappearance than appearance for trial. The collateral security or
other indemnity required by the bondsman must be reasonable in
relation to the amount of the bond;
(f) solicit business in any of the courts a court or
on the premises of any of the courts a court of this
State, in the office of any a magistrate, or in or about
any a place where prisoners are confined. Law
enforcement officers and jailers shall report any violations
a violation of this provision to the court. Any
An 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;
(g) advise or assist the principal for the purpose of forfeiting bond.
Section 38-53-180. When a bail professional or
surety bondsman accepts collateral, he shall give a
written receipt for the collateral. This receipt shall give in detail a full
description of the collateral received.
Section 38-53-190. No A sheriff, deputy sheriff,
other law enforcement officer, judicial official, attorney, parole
officer, probation officer, jailer, assistant jailer, employee of any
court of this State, or other public employee assigned to duties
relating to the administration of the court may shall
not become a surety on a bail bond for any a
person. No A person covered by this section
may shall not act as agent for any a
bonding company or professional bondsman, nor may
shall he have an interest, directly or indirectly, in the
financial affairs of any a firm or corporation whose
principal business is acting as bondsmen. Nothing in this section
prohibits any a person designated above from being
a surety upon the bond of his spouse, parent, brother, sister, child, or
descendant.
Section 38-53-200. A bail professional
bondsman may not sign or countersign blank bail bonds, nor may he
give a power of attorney to, or otherwise authorize, anyone to
countersign his name to bonds unless the person so authorized is
a licensed bondsman or runner directly employed by the bondsman
giving power of attorney. Copies of all the powers of attorney
and revocations of the powers of attorney issued by a company
appointing surety bondsmen must be filed immediately with the
department and the clerk of the circuit court of the county in the state
where the bondsman giving the power of attorney is currently writing
or is obligated on bail bonds.
Section 38-53-210. Every insurer A company
appointing surety bondsmen shall annually, prior to
before July first, furnish the clerk of court a list of all surety
bondsmen appointed by it to write bail bonds on its behalf. Every
insurer Each company who subsequently appoints a
surety bondsman in the state State shall give notice
of the appointment to the director or his designee and clerk of court
of any county where the bondsman is doing business. All
appointments are subject to the issuance of the proper insurance
agent's license to the appointee.
An insurer terminating the appointment of a surety bondsman shall
file written notice of the termination with the department, together
with a statement that it has given or mailed notice to the surety
bondsman and to the clerks of the Circuit Courts circuit
courts of the counties in the state where the insurer has been
obligated on bail bonds through the agent within the past three years.
Notice filed with the department shall state the reasons, if any, for
termination. Information so furnished the director or his designee is
privileged and may not be used as evidence in, or as the basis for, any
action against the insurer or any of its representatives. All bonds
written by the surety bondsman shall have attached to them the
individual power of attorney in the amount of the bond.
Section 38-53-220. Any bail A professional or
surety bondsman who discontinues writing bail bonds during the
period for which he is licensed shall notify the clerks of the
Circuit Courts circuit courts with whom he is
registered and return his license to the director or his designee for
cancellation within thirty days after discontinuance.
Section 38-53-230. Every A person licensed as
a bail professional or surety bondsman may appoint
as runner any person who has been issued a runner's license. Each
bail bondsman shall before July second of each year furnish
to the clerk of court of each county where he is doing business and
the director or his designee a list of all runners appointed by him.
Each bail bondsman who, subsequent to the filing of this list,
appoints additional persons as runners shall file written notice with
the clerk of court of each county where he is doing business and the
director or his designee of the appointment.
A bail bondsman terminating the appointment of a runner shall file
written notice of the termination with the clerk of court and the
director or his designee together with a statement that he has given or
mailed notice to the runner. Notice filed with the clerk of court and
the director or his designee shall state the reasons, if any, for
termination. Information so furnished the director or his designee is
privileged and may not be used as evidence in any action against the
bail bondsman.
Section 38-53-240. If money or bonds have been deposited, bail
by sureties may be substituted for deposit at any time before
a breach of the undertaking by filing a new undertaking with the
court, executed by the defendant and the sureties. The official
taking the new bail shall make an order that the money or bonds be
refunded to the person depositing them. They must be refunded
accordingly, and the original undertakings must be canceled.
Section 38-53-250. When the defendant has been admitted to
bail, he, or another person in his behalf, may deposit with an
official authorized to take bail a sum of money or nonregistered
bonds of the United States, of the State, or of any county, city, or
town within the State, equal in market value to the amount of the bail,
together with his personal undertaking, and an undertaking of any
other person, if the money or bonds are deposited by that person.
Upon delivery to the official, in whose custody the defendant is, of
a certificate of deposit, he must be discharged from custody.
When bail other than a deposit of money or bonds has been given,
the defendant or the surety may, at any time before a breach
of the undertaking, may deposit the sum mentioned in the
undertaking, and, upon deposit being made, accompanied by a new
undertaking, the original undertaking is canceled.
Section 38-53-260. No A professional
bail or security bondsman may not become
a surety on an undertaking unless he has registered his current license
in the office of the clerk of the circuit court in the county in which he
resides and registered a certified copy of the license with the clerk of
the circuit court in any other county in which he writes bail bonds.
A surety bondsman shall also annually register a certified copy of
his current power of appointment with the clerk of the circuit court
where he resides and in any other county where he writes bail bonds
on behalf of an insurer.
Section 38-53-270. Each professional or surety
bondsman acting as surety on bail bonds in this State shall maintain
security deposits with the clerk of court of the county in
which the bondsman has his primary place of business equal to at
least one-fourth of the amount of all bonds or undertakings
written in this State on which he is absolutely or conditionally liable
as of the first day of the current month. The deposits must be in
the form of either passbook savings accounts or certificates of deposit
of building and loan associations chartered by this State or federal
savings and loan associations located within this State in which
deposits are guaranteed by the Federal Savings and Loan Insurance
Corporation, not to exceed the amount covered by insurance, or of
national banks located within this State or banks chartered by this
State in which deposits are guaranteed by the Federal Deposit
Insurance Corporation, not to exceed the amount covered by
insurance, or by the pledge of the appraised value of real estate in
South Carolina over any recorded mortgages and contracts of sale.
The value shall be determined by the county tax assessor for the
county where the subject property is located. The interest paid on the
deposits may be collected by the bondsman. The amount of the
deposits must be reconciled with the bondsman's liabilities as of the
first day of the month before the sixteenth of the month. The value of
the deposits may not be less than five thousand dollars. The first ten
thousand dollars of these deposits must be secured by passbook
savings or certificates of deposits only. Any amounts above ten
thousand dollars may be secured with pledges of other types of
collateral approved by the clerk of court. A minimum of ten
thousand dollars of collateral must be cash deposited with the clerk
of court or certificates of deposit pledged to the clerk of court. Any
remaining collateral must be pledges of real estate whose value must
be based upon the appraised value by the county tax assessor. The
real estate must be free and clear of any encumbrances based upon a
title opinion furnished to the clerk of court by the bondsman.
Section 38-53-280. The securities deposited by a professional
or surety bondsman with the clerk of court must be held in
trust for the sole protection and benefit of the holder of bail bonds
executed by or on behalf of the undersigned bondsman in this State.
A pro rata portion of the securities must be returned to the bondsman
when the clerk of court is satisfied that the deposit of securities is in
excess of the amount required to be maintained with him by the
bondsman. All the securities must be returned if the clerk of court is
satisfied that the bondsman has satisfied, or satisfactory arrangements
have been made to satisfy, the obligations of the bondsman on all of
his bail bonds written in the State. The clerk of court may sell or
transfer any of the securities or utilize the proceeds of the securities
for the purpose of satisfying the liabilities of the professional
bondsman on bail bonds given in this State on which he is liable.
Section 38-53-290. With the securities deposited with the clerk
of court, the professional bondsman shall at the same time
shall deliver to the clerk of court a power of attorney on a
form supplied by the clerk of court, executed and acknowledged by
the professional bondsman, authorizing the sale or transfer of the
securities or any part of the securities. The power of attorney
must shall read as follows:
Power of Attorney Authorizing the Clerk of Court to
Sell
or Transfer Securities Deposited by Professional
Bondsmen in South Carolina
Know all men by these presents that I, __________, a professional
bondsman, located in the County of __________, in the State of
__________, do authorize and appoint for myself and my successors,
heirs, and assigns the clerk of court of this county, in the name and
in behalf of myself as professional bondsman, my attorney to sell or
transfer any securities deposited or that may be deposited by me as
professional bondsman with the clerk of court, under the laws and
regulations requiring a deposit of securities to be made by
professional bondsmen doing business in the State of South Carolina
if the sale or transfer is considered necessary by the clerk of court to
pay any liability arising under a bond which purports to be given by
the undersigned bondsman in any county in this State, and execution
has been issued against me as bondsman pursuant to a judgment on
the bond, and the judgment has not been satisfied. The securities so
deposited are to be held in trust by the clerk of court for the sole
protection and benefit of the holder of bail bonds executed by or on
behalf of the undersigned bondsman.
In witness whereof, I have set my hand and affixed my seal this ___
day of __________, 19___.
______________________.
______________________(L.S.)
Notary Public
My commission expires:
_____________________.
Section 38-53-300. Any A professional
bondsman whose security deposits with the clerk of court are reduced
in value below the requirements of this chapter shall, immediately
upon receipt of a notice of additional securities as are necessary to
comply with the law. No A professional bondsman
may shall not sign, endorse, execute, or become a
surety on any additional bail bonds or pledge or deposit any cash,
check, or other security of any nature in lieu of a bail bond in any
county in this State until the time he has made the additional deposit
of securities as required by the notice of deficiency.
Section 38-53-310. Each professional bail bondsman shall file
with the clerk of court of the county of his principal place of business
and any other county where he is doing business a written report in
a form prescribed by the director or his designee regarding all bail
bonds on which he is liable as of on the first day of
each month showing:
(a) each individual bonded;
(b) the date the bond was given;
(c) the principal sum of the bond;
(d) the state or local official to whom given;
(e) the fee charged for the bonding service in each instance. The
report must be filed before the sixteenth day of each month.
Section 38-53-320. Whenever the director or his designee
considers it necessary, he shall visit and examine or cause to
be visited and examined by some a competent person
appointed by him for that purpose any a professional
bail bondsman subject to the provisions of this chapter. For this
purpose the director or his designee or person making the
examination has free access to all books and papers of the bondsman
that relate to his business and to the books and papers kept by any
of his agents or runners.
Section 38-53-330. No A professional bondsman
may not act as a surety on any a bail bond
whose principal sum is in excess of one-half of the value of the
securities deposited with the clerk of court at that time.
Section 38-53-340. Any A person violating any
of the provisions of this chapter is guilty of a misdemeanor and,
upon conviction, must be fined five hundred dollars or imprisoned
not more than thirty days, or both."
SECTION 2. This act takes effect upon approval by the Governor.
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