H 3561 General Bill, By Limehouse, Askins, Perry, Scarborough and Thompson

Similar(S 541)
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 38-53-175 SO AS TO PROVIDE THAT 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, AND TO PROVIDE THAT WHEN IT IS DETERMINED THAT A
 DEFENDANT CANNOT BE RELEASED FROM JAIL, THEN THE BAIL BONDSMAN MUST RETURN THE
 PREMIUM WITHIN THREE BUSINESS DAYS.

   02/14/01  House  Introduced and read first time HJ-33
   02/14/01  House  Referred to Committee on Judiciary HJ-33

TO AMEND THE CODE OF LAWS, 1976, BY ADDING SECTION 38-53-175 SO AS TO PROVIDE THAT 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, AND TO PROVIDE THAT WHEN IT IS DETERMINED THAT A DEFENDANT CANNOT BE RELEASED FROM JAIL, THEN 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.    The 1976 Code 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, for any reason, then the bail bondsman must return the premium within three business days."

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