S*325 Session 112 (1997-1998)
S*0325(Rat #0506, Act #0425 of 1998) General Bill, By Bryan
Similar(H 3088, H 3191)
A BILL TO AMEND SECTION 22-5-510, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO BAILING PERSONS BY MAGISTRATES, SO AS TO PROVIDE THAT A PERSON
CHARGED WITH A BAILABLE OFFENSE MUST HAVE A BOND HEARING WITHIN TWENTY-FOUR
HOURS OF ARREST AND MUST BE RELEASED IN A REASONABLE TIME NOT TO EXCEED FOUR
HOURS AFTER THE BOND IS DELIVERED TO THE INCARCERATING FACILITY; TO AMEND
CHAPTER 53 OF TITLE 38, RELATING TO BAIL BONDSMEN AND RUNNERS, SO AS TO REVISE
THE ACTIVITIES, OPERATIONS, AND REGULATION OF BAIL BONDSMEN, RUNNERS, AND
SIMILAR PERSONS; AND TO REPEAL SECTIONS 17-15-70, 17-15-80, 17-15-90,
17-15-110, 17-15-120, 17-15-130, AND 17-15-150 RELATING TO BAIL AND
RECOGNIZANCES.-AMENDED TITLE
02/05/97 Senate Introduced and read first time SJ-6
02/05/97 Senate Referred to Committee on Judiciary SJ-6
03/18/98 Senate Committee report: Favorable with amendment
Judiciary SJ-8
04/14/98 Senate Amended SJ-14
04/14/98 Senate Read second time SJ-14
04/14/98 Senate Ordered to third reading with notice of
amendments SJ-14
04/15/98 Senate Amended
04/15/98 Senate Read third time and sent to House
04/16/98 House Introduced and read first time HJ-4
04/16/98 House Referred to Committee on Judiciary HJ-4
05/27/98 House Committee report: Favorable with amendment
Judiciary HJ-8
06/02/98 House Debate adjourned until Wednesday, June 3, 1998 HJ-23
06/03/98 House Amended HJ-15
06/03/98 House Debate adjourned HJ-16
06/03/98 House Read second time HJ-79
06/04/98 House Read third time and returned to Senate with
amendments HJ-6
06/04/98 Senate House amendment amended SJ-26
06/04/98 Senate Returned to House with amendments SJ-26
06/04/98 House Concurred in Senate amendment and enrolled HJ-200
06/10/98 Ratified R 506
06/17/98 Became law without Governor's signature
06/17/98 Effective date 06/17/98
07/07/98 Copies available
07/07/98 Act No. 425
(A425, R506, S325)
AN ACT TO AMEND SECTION 22-5-510, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO THE BAILING OF
PERSONS BY MAGISTRATES, SO AS TO PROVIDE THAT A
PERSON CHARGED WITH A BAILABLE OFFENSE MUST HAVE
A BOND HEARING WITHIN TWENTY-FOUR HOURS OF ARREST
AND MUST BE RELEASED IN A REASONABLE TIME NOT TO
EXCEED FOUR HOURS AFTER THE BOND IS DELIVERED TO
THE INCARCERATING FACILITY; TO AMEND CHAPTER 53 OF
TITLE 38, RELATING TO BAIL BONDSMEN AND RUNNERS, SO
AS TO REVISE THE ACTIVITIES, OPERATIONS, AND
REGULATION OF BAIL BONDSMEN, RUNNERS, AND SIMILAR
PERSONS; AND TO REPEAL SECTIONS 17-15-70, 17-15-80,
17-15-90, 17-15-110, 17-15-120, 17-15-130, AND 17-15-150
RELATING TO BAIL AND RECOGNIZANCES.
Be it enacted by the General Assembly of the State of South Carolina:
Bond hearings and release
SECTION 1. Section 22-5-510 of the 1976 Code is amended to read:
Section 22-5-510. (A) Magistrates may admit to bail a person charged
with an offense, the punishment of which is not death or imprisonment for
life; provided, however, with respect to violent offenses as defined by the
General Assembly pursuant to Section 15, Article I of the Constitution of
South Carolina, magistrates may deny bail giving due weight to the
evidence and to the nature and circumstances of the event. 'Violent
offenses' as used in this section means the offenses contained in Section
16-1-60. If a person under lawful arrest on a charge not bailable is
brought before a magistrate, the magistrate shall commit the person to jail.
If the offense charged is bailable, the magistrate shall take recognizance
with sufficient surety, if it is offered, in default whereof the person must
be incarcerated.
(B) A person charged with a bailable offense must have a bond hearing
within twenty-four hours of his arrest and must be released within a
reasonable time, not to exceed four hours, after the bond is delivered to
the incarcerating facility.
Bail bondsmen and runners
SECTION 2. 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
property to the extent necessary to reasonably satisfy 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 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 defendant 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 defendant'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 defendant 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 where the bondsman 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, magistrate's, or
municipal court.
(6) 'Insurer' means any domestic, foreign, or alien surety company
which has qualified generally to transact surety business and specifically
to transact bail bond business in this State.
(7) 'Obligor' means a principal or a surety on a bail bond.
(8) 'Principal' means a defendant or witness obligated to appear in
court as required upon penalty of forfeiting bail under a bail bond.
(9) 'Professional bondsman' means any 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.
(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, assisting in the apprehension and surrender of the
defendant to the court, and keeping the defendant under necessary
surveillance. 'Runner' does not include an attorney or a law enforcement
officer assisting a bondsman.
(11) 'Surety' means one who, with the defendant, is liable for the
amount of the bail bond upon forfeiture of bail.
(12) 'Surety bondsman' means any 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.
(13) 'Appropriate judge' means a magistrate, municipal, or circuit court
judge who has jurisdiction over the defendant.
(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
administer the provisions of this chapter for which they are charged with
implementing. The director shall promulgate regulations to enforce the
purposes and provisions of this chapter. The director may hire
employees, examiners, investigators, and other assistants as he considers
necessary and shall prescribe their duties.
Section 38-53-30. No undertaking is invalid, nor may any 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 defect, omission, or
failure to note or record the default of any defendant or surety, because
the undertaking was entered into on a Sunday or other holiday or because
of any other 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 law in this State, by reason of any other 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 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 be relieved on a bond for
'good cause' or the nonpayment of fees shall file with the court a motion
to be relieved on the bond. A copy of the motion must be served upon the
defendant, his attorney, and the solicitor's office. The court shall then
schedule a hearing to determine if the surety should be relieved on the
bond and advise all parties of the hearing date.
(B) If the circumstances warrant immediate incarceration of the
defendant to prevent imminent violation of any one of the specific terms
of the bail bond, or if the defendant has violated any one 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 be
relieved. The surety must immediately file 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 must also 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 arrest him before the forfeiture of the undertaking or, by his
written authority endorsed on a certified copy of the undertaking, may
request any judicial officer to order the arrest of the defendant by the
surety.
Section 38-53-70. If a defendant fails to appear at a court proceeding
to which he has been summoned, the court must issue a bench warrant for
the defendant. If the surety fails to surrender the defendant or place a
hold on the defendant's release from incarceration, commitment, or
institutionalization within thirty days of the issuance of the bench warrant,
the bond shall be forfeited. At any time before execution is issued on a
judgment of forfeiture against a 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
county or municipality resulting from the necessity to continue or
terminate the defendant's trial and the efforts of law enforcement officers
or agencies to locate the defendant. The court in its discretion may permit
the surety to pay the estreatment in installments for a period of up to six
months. If at any time during the period in which installments are to be
paid the defendant is surrendered to the appropriate detention facility and
the surety complies with the re-commitment procedures, the surety shall
be relieved of any further liability.
Section 38-53-80. No person may act in the capacity of a professional
bondsman, surety bondsman, or runner or perform any of the functions,
duties, or powers prescribed for professional or surety bondsmen or
runners under the provisions of this chapter unless that person is qualified,
except 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 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 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 applicant's last application.
Section 38-53-85. (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 a professional and surety bondsman or runner,
including all laws and regulations related to being a professional or surety
bondsman or runner. A written examination must be administered at the
conclusion of the course work. Each applicant must pass the examination
before he can be licensed.
Each 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 a
professional and surety bondsman or runner before his license shall be
renewed. The continuing education courses shall not include a written or
oral examination. The six-hour annual requirement is in addition to the
twenty-four hour continuing education requirement for surety insurance
agents as required by Section 38-43-106.
(B) A person licensed as a professional bondsman, surety bondsman,
or runner before the effective date of this section is not required to
complete the requisite twenty hours of education but must complete six
hours of continuing education courses in order to have his license
renewed.
(C) The South Carolina Bail Agent's Association or any other group
or association approved by the Department of Insurance to provide
educational courses to bondsmen must establish an educational
curriculum for bondsman licensure. The Department of Insurance must
approve the courses offered and ensure that the courses meet the standards
for education established by this section and the department. The
requirement of course work for licensure is not satisfied by a mail order
course. The department must also approve a written examination to be
administered by all groups who provide educational courses 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 an
opportunity for a due process hearing by the Administrative Law Judge
Division, to the penalty provided for in Section 38-53-340.
(E) The director shall establish rules and 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 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. 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 certify to the
director 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 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 license fee of four hundred dollars must
be paid to the director or his designee with each application for a license
as a professional bondsman. The director or his designee shall forward
four hundred dollars to the State Treasurer to be placed in the general
fund; however, of the four hundred dollars, two hundred dollars must be
paid over to the director or his designee to offset 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 the costs it may incur
under the provisions of this chapter.
(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
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, one hundred dollars must be paid over to the director or his
designee to offset the 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 the costs it incurs under the provisions of this chapter.
(C) The director or his designee shall forward forty percent of all fees
collected under subsections (A) and (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 must be paid to the director or his designee to offset expenses
incurred under the provisions of this chapter.
(D) In addition to the fees herein provided, a professional or surety
bondsman shall pay to the clerk of court of his home county the sum of
one hundred fifty dollars annually for each licensee to be paid directly to
and retained by the clerk. In addition, each bondsman and runner shall
pay to any other county where he is doing business the sum of one
hundred dollars to be paid to and retained by the clerk. The fee must be
paid annually and directly to the clerk of court who shall deposit it in an
account maintained by the clerk.
Section 38-53-110. In addition to the other requirements of this
chapter, an applicant for a professional 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 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 38-53-140. All licenses issued pursuant to the provisions of
this chapter expire annually on June thirtieth unless revoked or suspended
prior to that time by the director or his designee or upon notice served
upon the director or his designee that the employer of any 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 met the continuing education requirements in Section
38-53-85(A) upon the payment of a renewal fee of two hundred dollars
for runners and four hundred dollars for professional 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) 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 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 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 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
defendant agree to engage the services of a specified attorney.
(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 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 cannot be issued another license for a period of one year
and must meet all requirements under this chapter prior to relicensing by
the department.
Section 38-53-160. No license may 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 applicant for a license as a 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 bondsman or runner may:
(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 person who has power to arrest or hold in custody, or to any
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 the principal;
(e) accept anything of value from a principal except the premium,
which may 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 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 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. 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;
(g) advise or assist the principal for the purpose of forfeiting bond.
Section 38-53-180. When a 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 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 become a surety on a bail bond for any person. No person covered
by this section may act as agent for any bonding company or professional
bondsman, nor may he have an interest, directly or indirectly, in the
financial affairs of any firm or corporation whose principal business is
acting as bondsmen. Nothing in this section prohibits any person
designated above from being a surety upon the bond of his spouse, parent,
brother, sister, child, or descendant.
Section 38-53-200. A professional or surety 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. Copies
of all the powers of attorney and revocations of the powers of attorney
issued by an insurer 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. Each insurer appointing surety bondsmen, shall,
prior to July first of each year, furnish the clerk of court a list of all surety
bondsmen appointed by the insurer to write bail bonds on its behalf. Each
insurer who subsequently appoints a surety bondsman in the 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 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 a surety bondsman shall have attached the individual power of attorney
in the amount of the bond.
Section 38-53-220. 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 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 person licensed as a professional
bondsman may appoint as runner any person who has been issued a
runner's license. Each 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
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 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 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 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, 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 professional or surety bondsman may 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 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. A minimum
of ten thousand dollars of this collateral shall be in the form of cash
deposited with the clerk of court or certificates of deposit pledged to the
clerk of court. Any remaining collateral shall be pledges of real estate, the
value of which shall be based upon the appraised value by the county tax
assessor. The real estate shall 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
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 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 read as follows:
'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. A professional bondsman whose security deposits
with the clerk of court are reduced in value below the requirements of
Section 38-53-270 shall, immediately upon notice of the deficiency,
pledge with the court the additional collateral necessary to comply with
Section 38-53-270. No professional bondsman may sign, endorse,
execute, or become a surety on any additional bail bonds in any county in
this State until he has made the additional deposit of securities as required
by the notice of deficiency. The clerk of court has the authority to
suspend bonding privileges until the bondsman complies with Section
38-53-270. If the bondsman has any outstanding forfeitures including,
but not limited to, license fees and bond estreatments, the clerk of court
has the authority to suspend bonding privileges until the bondsman
complies with this section. The clerk shall immediately notify all parties
who were originally notified of the suspension of the bondsman's
compliance with this section.
Section 38-53-310. Each professional bondsman shall by the fifteenth
of each month 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 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 with whom the bond was filed;
(e) the fee charged for the bonding service in each instance; and
(f) all pending bonds.
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 competent person appointed by him for that purpose
any professional 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 professional bondsman may act as a surety on
any 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. A person violating any of the provisions of this
chapter is guilty of a misdemeanor and, upon conviction, must be fined
not more than five hundred dollars or imprisoned for not more than thirty
days, or both."
Repeal
SECTION 3. Sections 17-15-70, 17-15-80, 17-15-90, 17-15-110,
17-15-120, 17-15-130, and 17-15-150 of the 1976 Code are repealed.
Time effective
SECTION 4. This act takes effect upon approval by the Governor.
Became law without the signature of the Governor -- 06/17/98. |