S 184 Session 112 (1997-1998)
S 0184 General Bill, By Holland
A BILL TO AMEND SECTION 38-53-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO THE SURRENDER OF A DEFENDANT BY A BAIL BONDSMAN, SO AS TO
PROVIDE THAT THE COURT RELIEVE THE SURETY OF HIS LIABILITY ON THE DEFENDANT'S
BAIL BOND IF THE DEFENDANT IS SURRENDERED FOR GOOD CAUSE OR THE NONPAYMENT OF
FEES.
01/16/97 Senate Introduced and read first time SJ-3
01/16/97 Senate Referred to Committee on Banking and Insurance SJ-3
A BILL
TO AMEND SECTION 38-53-50, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE
SURRENDER OF A DEFENDANT BY A BAIL BONDSMAN, SO
AS TO PROVIDE THAT THE COURT RELIEVE THE SURETY
OF HIS LIABILITY ON THE DEFENDANT'S BAIL BOND IF
THE DEFENDANT IS SURRENDERED FOR GOOD CAUSE OR
THE NONPAYMENT OF FEES.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 38-53-50 of the 1976 Code is amended to
read:
"Section 38-53-50. (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 obtain a commitment
order. 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 should be issued. Once issued, the
surety shall 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 shall relieve the surety of his liability on the
defendant's bail bond if a commitment order is issued for `good
cause' or the nonpayment of fees. 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."
SECTION . This act takes effect upon approval by the Governor.
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