South Carolina General Assembly
108th Session, 1989-1990

Bill 3099

                    Current Status

Bill Number:               3099
Ratification Number:       273
Act Number                 179
Introducing Body:          House
Subject:                   Relating to definitions on bail,
                           bondsmen, and runners
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A179, R273, H3099)

AN ACT TO AMEND SECTION 38-53-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS ON BAIL, BONDSMEN, AND RUNNERS, SO AS TO DEFINE "APPROPRIATE JUDGE" AND "GOOD CAUSE" AND TO AMEND SECTION 38-53-50, AS AMENDED, RELATING TO THE SURRENDER OF A DEFENDANT WHEN THE SURETY HOLDING THE BOND WISHES TO REMOVE THE BOND, SO AS TO REVISE THE SURETY'S REQUIREMENTS AND TO PROVIDE FOR THE COURT TO ORDER THE SURETY TO REFUND TO THE DEFENDANT ANY FEES PAID TOWARD THE BOND AFTER DEDUCTING COSTS, EXPENSES, AND FEES.

Be it enacted by the General Assembly of the State of South Carolina:

Definitions

SECTION 1. Section 38-53-10 of the 1976 Code is amended by adding two appropriately numbered items to read:

"( ) 'Appropriate judge' means a magistrate, municipal, or circuit court judge who has jurisdiction over the defendant.

( ) 'Good cause' means the violation of a specific term of the bail bond not to include the nonpayment of fees."

Requirements for the surety; court orders

SECTION 2. 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. 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, 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, 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."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Approved the 8th day of June, 1989.