H 4714 Session 111 (1995-1996)
H 4714 General Bill, By Scott
A Bill to amend Section 22-5-510, Code of Laws of South Carolina, 1976,
relating to bailing a person, so as to provide when a person must be allowed a
bond hearing and must be released after offering sufficient bond; to amend
Section 38-53-50, as amended, relating to a bail bondsman surrender of a
defendant, so as to revise the circumstances in which a bail bondsman may
obtain a commitment order; to amend Section 38-53-70, relating to remission of
judgment, so as to provide that a surety may obtain a refund of a portion of
the amount estreated if a principal is surrendered within a certain period
after an estreatment order has been issued; to amend Section 38-53-90, as
amended, relating to qualifications for licensing a bondsman and a runner, so
as to require both to possess the minimum training the State requires for a
law enforcement officer; and to amend Section 38-53-170, as amended, relating
to activities a bail bondsman or a runner may not engage in, so as to allow a
bail bondsman or a runner to attend certain court sessions.
03/07/96 House Introduced and read first time HJ-3
03/07/96 House Referred to Committee on Judiciary HJ-4
A BILL
TO AMEND SECTION 22-5-510, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO BAILING A PERSON, SO
AS TO PROVIDE WHEN A PERSON MUST BE ALLOWED A
BOND HEARING AND MUST BE RELEASED AFTER
OFFERING SUFFICIENT BOND; TO AMEND SECTION
38-53-50, AS AMENDED, RELATING TO A BAIL BONDSMAN
SURRENDER OF A DEFENDANT, SO AS TO REVISE THE
CIRCUMSTANCES IN WHICH A BAIL BONDSMAN MAY
OBTAIN A COMMITMENT ORDER; TO AMEND SECTION
38-53-70, RELATING TO REMISSION OF JUDGMENT, SO AS
TO PROVIDE THAT A SURETY MAY OBTAIN A REFUND OF
A PORTION OF THE AMOUNT ESTREATED IF A PRINCIPAL
IS SURRENDERED WITHIN A CERTAIN PERIOD AFTER AN
ESTREATMENT ORDER HAS BEEN ISSUED; TO AMEND
SECTION 38-53-90, AS AMENDED, RELATING TO
QUALIFICATIONS FOR LICENSING A BONDSMAN AND A
RUNNER, SO AS TO REQUIRE BOTH TO POSSESS THE
MINIMUM TRAINING THE STATE REQUIRES FOR A LAW
ENFORCEMENT OFFICER; AND TO AMEND SECTION
38-53-170, AS AMENDED, RELATING TO ACTIVITIES A
BAIL BONDSMAN OR A RUNNER MAY NOT ENGAGE IN,
SO AS TO ALLOW A BAIL BONDSMAN OR A RUNNER TO
ATTEND CERTAIN COURT SESSIONS.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 22-5-510 of the 1976 Code is amended to
read:
"Section 22-5-510. (A) Magistrates may admit
to bail any a person charged with any
an offense the whose punishment of
which is other than not death or imprisonment
for life, and if any. If a person under lawful arrest
on a charge regularly made and not bailable be
is brought before a magistrate, he the
magistrate shall commit the prisoner person to
jail. But If the offense charged be is
bailable, the magistrate shall take recognizance,
with sufficient surety, if the same be it is offered, in
default whereof such party shall the person must be
committed to prison unless it shall clearly appear
appears upon examination that the charge is not founded in
probability in which case the party may be discharged.
(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 two hours after sufficient bond is offered by him or
a surety."
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 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 violated the specific terms of
the bail bond previously, 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. (A) 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. 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.
(B) If the surety surrenders the principal to the court within
six months after an order of estreatment is issued, he must be
refunded eighty percent of the amount estreated. If the surety
surrenders the principal after six months but within twelve months
to the court after an order of estreatment is issued, he must be
refunded forty percent of the amount estreated."
SECTION 4. Section 38-53-90 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"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 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 an
applicant for a license as a professional bondsman or runner shall
satisfy 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 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; and
(e) has the minimum training the State requires for a law
enforcement officer."
SECTION 5. Section 38-53-170(f) of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"(f) solicit business in any of the courts
court or on the premises of any of the courts
court of this State, in the office of any a
magistrate, or in or about any place where prisoners are confined.
This provision does not prohibit a bail bondsman or a runner
from attending a proceeding in a court or a hearing to set a
defendant's bond. 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;"
SECTION 6. This act takes effect upon approval by the
Governor.
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