H 4349 General Bill, By Jefferson
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 38-53-175 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A BAIL BONDSMAN TO EXECUTE
 A BAIL BOND AND REMOVE A DEFENDANT FROM CUSTODY WITHOUT CHARGING AND
 COLLECTING THE FULL REQUIRED PREMIUM ON THE BOND AND TO PROVIDE THAT WHEN IT
 IS DETERMINED THAT A DEFENDANT CANNOT BE RELEASED FROM JAIL, THE BAIL BONDSMAN
 MUST RETURN THE PREMIUM WITHIN THREE BUSINESS DAYS.

   12/12/07  House  Prefiled
   12/12/07  House  Referred to Committee on Judiciary
   01/08/08  House  Introduced and read first time HJ-41
   01/08/08  House  Referred to Committee on Judiciary HJ-42

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-53-175 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A BAIL BONDSMAN TO EXECUTE A BAIL BOND AND REMOVE A DEFENDANT FROM CUSTODY WITHOUT CHARGING AND COLLECTING THE FULL REQUIRED PREMIUM ON THE BOND AND TO PROVIDE THAT WHEN IT IS DETERMINED THAT A DEFENDANT CANNOT BE RELEASED FROM JAIL, THE BAIL BONDSMAN MUST RETURN THE PREMIUM WITHIN THREE BUSINESS DAYS.

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 by adding:

"Section 38-53-175.    (A)    Unless ordered by the court, it is unlawful for a bail bondsman to execute a bail bond and remove a defendant from custody without charging and collecting the full required premium on the bond as ordered by the court.

(B)    When it is determined that a defendant cannot be released from jail, the bail bondsman shall return the premium within three business days."

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