Current Status Introducing Body:Senate Bill Number:1298 Primary Sponsor:Bryan Committee Number:11 Type of Legislation:GB Subject:Bail funds, forfeiture of Residing Body:Senate Current Committee:Judiciary Computer Document Number:DKA/3162AL.94 Introduced Date:19940324 Last History Body:Senate Last History Date:19940324 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Bryan Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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1298 Senate 19940324 Introduced, read first time, 11
referred to Committee
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TO AMEND SECTION 17-15-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEEDINGS TO FORFEIT BAIL FUNDS, SO AS TO PROVIDE THAT BAIL MUST NOT BE FORFEITED UNLESS THE FORFEITURE PROCEEDING IS INITIATED WITHIN TWO YEARS FROM THE DATE THE BENCH WARRANT WAS ISSUED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 17-15-170 of the 1976 Code, as last amended by Act 508 of 1988, is further amended to read:
"Section 17-15-170. Whenever the recognizance is forfeited by noncompliance with its condition, the Attorney General, solicitor, magistrate, or other person acting for him immediately shall issue a notice to summon every party bound in the forfeited recognizance to appear at the next ensuing court to show cause, if he has any, why judgment should not be confirmed against him. If any a person so bound fails to appear or, upon appearing, does not give a reason for not performing the condition of the recognizance as the court considers sufficient then the judgment on the recognizance is confirmed. A magistrate may confirm judgments of two hundred eighteen dollars or less. A judgment on the recognizance must not be confirmed unless a bench warrant was issued for the person failing to appear and the notice to summon was issued within two years from the date the bench warrant was issued."
SECTION 2. This act takes effect upon approval by the Governor.