Current Status Bill Number:184 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19970116 Primary Sponsor:Holland All Sponsors:Holland Drafted Document Number:s-jud\holland\9009.dhh Residing Body:Senate Current Committee:Banking and Insurance Committee 02 SBI Subject:Bail bondsmen, provisions when defendant surrendered for good cause or nonpayment of fees; Courts
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19970116 Introduced, read first time, 02 SBI
referred to Committee
View additional legislative information at the LPITS web site.
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.