Current Status Bill Number:3088 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19970114 Primary Sponsor:Scott All Sponsors:Scott Drafted Document Number:pt\2752cm.97 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Bail bondsmen, runner, commitment order, estreatment order; courts
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19970114 Introduced, read first time, 25 HJ
referred to Committee
House 19961218 Prefiled, referred to Committee 25 HJ
View additional legislative information at the LPITS web site.
TO AMEND SECTION 22-5-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAILING A PERSON, SO AS TO PROVIDE WHEN A PERSON MUST BE ALLOWED A BOND HEARING AND MUST BE RELEASED AFTER OFFERING SUFFICIENT BOND; TO AMEND SECTION 38-53-50, AS AMENDED, RELATING TO A BAIL BONDSMAN SURRENDER OF A DEFENDANT, SO AS TO REVISE THE CIRCUMSTANCES IN WHICH A BAIL BONDSMAN MAY OBTAIN A COMMITMENT ORDER; TO AMEND SECTION 38-53-70, RELATING TO REMISSION OF JUDGMENT, SO AS TO PROVIDE THAT A SURETY MAY OBTAIN A REFUND OF A PORTION OF THE AMOUNT ESTREATED IF A PRINCIPAL IS SURRENDERED WITHIN A CERTAIN PERIOD AFTER AN ESTREATMENT ORDER HAS BEEN ISSUED; TO AMEND SECTION 38-53-90, AS AMENDED, RELATING TO QUALIFICATIONS FOR LICENSING A BONDSMAN AND A RUNNER, SO AS TO REQUIRE BOTH TO POSSESS THE MINIMUM TRAINING THE STATE REQUIRES FOR A LAW ENFORCEMENT OFFICER; AND TO AMEND SECTION 38-53-170, AS AMENDED, RELATING TO ACTIVITIES A BAIL BONDSMAN OR A RUNNER MAY NOT ENGAGE IN, SO AS TO ALLOW A BAIL BONDSMAN OR A RUNNER TO ATTEND CERTAIN COURT SESSIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 22-5-510 of the 1976 Code is amended to read:
"Section 22-5-510. (A) Magistrates may admit to bail any a person charged with any an offense the whose punishment of which is other than not death or imprisonment for life, and if any. If a person under lawful arrest on a charge regularly made and not bailable be is brought before a magistrate, he the magistrate shall commit the prisoner person to jail. But If the offense charged be is bailable, the magistrate shall take recognizance, with sufficient surety, if the same be it is offered, in default whereof such party shall the person must be committed to prison unless it shall clearly appear appears upon examination that the charge is not founded in probability in which case the party may be discharged.
(B) A person charged with a bailable offense must have a bond hearing within twenty-four hours of his arrest and must be released within two hours after sufficient bond is offered by him or a surety."
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 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 violated the specific terms of the bail bond previously, 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. (A) 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. In making a determination as to remission of the judgment, the court shall consider the costs to the State or any a 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.
(B) If the surety surrenders the principal to the court within six months after an order of estreatment is issued, he must be refunded eighty percent of the amount estreated. If the surety surrenders the principal after six months but within twelve months to the court after an order of estreatment is issued, he must be refunded forty percent of the amount estreated."
SECTION 4. Section 38-53-90 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 38-53-90. Before a license is issued to an applicant permitting him to act as a professional bondsman or runner, the applicant shall furnish the director or his designee a complete set of his fingerprints and a recent passport size full-face photograph of himself. The applicant's fingerprints must be certified by an authorized law enforcement officer.
Before being issued the license, every an applicant for a license as a professional bondsman or runner shall satisfy the director or his designee that he:
(a) is eighteen years of age or older;
(b) is a resident of this State;
(c) is a person of good moral character and has not been convicted of a felony or any crime involving moral turpitude within the last ten years;
(d) has knowledge, training, or experience of sufficient duration and extent to satisfy reasonably the director or his designee that he possesses the competence necessary to fulfill the responsibilities of a licensee; and
(e) has the minimum training the State requires for a law enforcement officer."
SECTION 5. Section 38-53-170(f) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(f) solicit business in any of the courts court or on the premises of any of the courts court of this State, in the office of any a magistrate, or in or about any place where prisoners are confined. This provision does not prohibit a bail bondsman or a runner from attending a proceeding in a court or a hearing to set a defendant-s bond. Law enforcement officers and jailers shall report any violations of this provision to the court. 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 director or his designee by the court within thirty days;"
SECTION 6. This act takes effect upon approval by the Governor.