Current Status Introducing Body:
HouseBill Number: 3041Primary Sponsor: ScottCommittee Number: 25Type of Legislation: GBSubject: Bond, personal recognizance provisionsResiding Body: HouseCurrent Committee: JudiciaryDate Tabled: 19930422Computer Document Number: DKA/4033.ALIntroduced Date: 19930112Last History Body: HouseLast History Date: 19930422Last History Type: Tabled in CommitteeScope of Legislation: StatewideAll Sponsors: ScottType of Legislation: General Bill
Bill Body Date Action Description CMN Leg Involved ____ ______ ____________ ______________________________ ___ ____________ 3041 House 19930422 Tabled in Committee 25 3041 House 19930112 Introduced, read first time, 25 referred to CommitteeView additional legislative information at the LPITS web site.
TO AMEND SECTION 17-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RELEASE ON PERSONAL RECOGNIZANCE, SO AS TO PROVIDE THAT A PERSONAL RECOGNIZANCE BOND MAY BE ISSUED ONLY FOR A FIRST OFFENSE OF A NONCAPITAL CRIME AND ONLY ONCE WITHIN A TWELVE-MONTH PERIOD; TO AMEND SECTION 38-53-50, AS AMENDED, RELATING TO SURRENDER OF DEFENDANT BY BAIL BONDSMEN, SO AS TO PROVIDE ADDITIONAL CIRCUMSTANCES FOR A BONDSMAN TO OBTAIN A COMMITMENT ORDER; TO AMEND SECTION 38-53-70, RELATING TO REMISSION OF JUDGMENT, SO AS TO PROVIDE A SPECIFIC TIME PERIOD FOR TENDER OF THE PRINCIPAL PURSUANT TO COURT ORDER; TO AMEND SECTION 38-53-170, RELATING TO UNLAWFUL ACTS, SO AS TO PROVIDE THAT A BONDSMAN OR RUNNER MAY ATTEND PROCEEDINGS IN COURT DIRECTLY RELATED TO THE ISSUANCE OF BONDS OR STATUS OF CASES INVOLVING THE BONDSMAN.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 17-15-10 of the 1976 Code is amended to read:
"Section 17-15-10. Any A person charged with a noncapital offense triable in either the magistrate's, county, or circuit court, shall, at his appearance before any of such the courts, must be ordered released pending trial on his own recognizance without surety in an amount specified by the court, unless. A person may be released on his own recognizance when charged with the first offense of a noncapital offense and only once within a twelve-month period. If the court determines in its discretion that such a release will not reasonably assure the appearance of the person as required, or unreasonable danger to the community will result. If such a determination is made by the court, it may impose any one or more of the following conditions of release:
(a) require the execution of an appearance bond in a specified amount with good and sufficient surety or sureties approved by the court;
(b) place the person in the custody of a designated person or organization agreeing to supervise him;
(c) place restrictions on the travel, association, or place of abode of the person during the period of release;
(d) impose any other conditions deemed considered reasonably necessary to assure appearance as required, including a condition that the person return to custody after specified hours."
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 shall 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 previously violated 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."
SECTION 3. Section 38-53-70 of the 1976 Code is amended to read:
"Section 38-53-70. 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. If the surety surrenders the principal within six months of an order of forfeiture, the surety may be refunded the whole amount of the judgment. If the surety surrenders the principal within twelve months of an order of forfeiture, the surety may be refunded one-half of the judgment amount. 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 principal's trial and the efforts of law enforcement officers or agencies to locate the principal."
SECTION 4. Section 38-53-170(f) of the 1976 Code is amended to read:
"(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. A bondsman or runner is not prohibited from attending any court proceeding pursuant to or directly affecting his business or persons he represents. 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 commissioner by the court within thirty days;"
SECTION 5. This act takes effect upon approval by the Governor.