Scroll to History Page
Scroll to Previous Versions Links List
Scroll to Full Text
Download This Bill in Microsoft Word format
Current Status Bill Number:View additional legislative information at the LPITS web site.
3905Ratification Number: 380Act Number: 295Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 20010410Primary Sponsor: WhipperAll Sponsors: Whipper, Altman, R. Brown, Campsen, Carnell, Cobb-Hunter, Harvin, Kelley and KoonDrafted Document Number: l:\council\bills\skb\18253som01.docDate Bill Passed both Bodies: 20020523Date of Last Amendment: 20020521Governor's Action: SDate of Governor's Action: 20020603Subject: Court fines, fees, assessments, and costs may be paid by credit or debit card; provisions regarding payment of money paid to magistrate or municipal judge in lieu of entering into recognizanceHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20020617 Act No. A295 ------ 20020603 Signed by Governor ------ 20020528 Ratified R380 House 20020523 Concurred in Senate amendment, enrolled for ratification ------ 20020523 Scrivener's error corrected Senate 20020521 Amended, read third time, returned to House with amendment Senate 20020516 Amended, read second time, notice of general amendments Senate 20020515 Committee report: Favorable with 11 SJ amendment Senate 20020430 Introduced, read first time, 11 SJ referred to Committee House 20020426 Read third time, sent to Senate House 20020425 Amended, read second time, unanimous consent for third reading on Friday, 20020426 ------ 20020425 Scrivener's error corrected House 20020424 Committee report: Favorable 25 HJ House 20010410 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill Revised on April 24, 2002 - Word format Revised on April 25, 2002 - Word format Revised on April 25, 2002-A - Word format Revised on May 15, 2002 - Word format Revised on May 16, 2002 - Word format Revised on May 21, 2002 - Word format Revised on May 23, 2002 - Word format
(A295, R380, H3905)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-1-214 SO AS TO AUTHORIZE THE PAYMENT OF FINES, FEES, ASSESSMENTS, COURT COSTS, AND SURCHARGES IN CIRCUIT COURT, FAMILY COURT, MAGISTRATE'S COURT, AND MUNICIPAL COURT BY CREDIT CARD OR DEBIT CARD AND TO IMPOSE A SEPARATE FEE FOR THE ACCEPTANCE OF PAYMENT BY CREDIT CARD; AND TO AMEND SECTION 22-5-530, RELATING TO AN ACCUSED TO BE TRIED BEFORE A MAGISTRATE BEING ENTITLED TO DEPOSIT MONEY IN LIEU OF RECOGNIZANCE, SO AS TO PROVIDE THAT A PERSON HELD OR INCARCERATED IN A JAIL OR DETENTION CENTER WHO IS ENTITLED TO DEPOSIT A SUM OF MONEY IN LIEU OF ENTERING INTO RECOGNIZANCE UNDER THIS SECTION MAY SECURE HIS IMMEDIATE RELEASE FROM CUSTODY BY PAYING TO OR DEPOSITING THE SUM OF MONEY REQUIRED BY THIS SECTION WITH THE JAIL OR DETENTION FACILITY IN WHICH HE IS BEING HELD, AND TO PROVIDE THAT MONEY PAID TO A JAIL OR DETENTION FACILITY UNDER THE AUTHORITY OF THIS SECTION IS DEEMED PAID TO THE MAGISTRATE OR MUNICIPAL JUDGE IN LIEU OF ENTERING INTO RECOGNIZANCE AND MUST BE ACCOUNTED FOR AND PAID OVER TO THE MAGISTRATE OR MUNICIPAL JUDGE BY THE JAIL OR DETENTION FACILITY FOR DISPOSITION ACCORDING TO LAW.
Be it enacted by the General Assembly of the State of South Carolina:
Credit or debit card authorized for payment
SECTION 1. The 1976 Code is amended by adding:
"Section 14-1-214. (A) Clerks of court, magistrates, and municipal court judges may:
(1) accept payment by credit card or debit card of a fine, fee, assessment, court cost, or other surcharge; and
(2) impose a fee for processing payment by credit card. Notwithstanding fees imposed by other provisions of law, the clerk of court, magistrate, and municipal court judge must impose a separate fee on the person making a payment by credit card that wholly offsets the amount of administrative fees charged to the court.
(B) If a payment by credit card is not honored by the credit card company on which the funds are drawn:
(1) the court may collect a service charge from the person who owes the fine, fee, assessment, court cost, or other surcharge. The service charge is an addition to the original fine, fee, assessment, court cost, or other surcharge and is for the collection of that original amount. The amount of the service charge must be the same amount as the fee charged for the collection of a check drawn on an account with insufficient funds; and
(2) the underlying obligation survives and the state or local government retains all remedies for enforcement which would have applied if the credit card transaction had not occurred.
(C) The court collecting a fee or service charge pursuant to this section must deposit the credit card fee or service charge in the general fund of the court's respective governmental unit.
(D) The clerk of court, magistrate, or municipal court judge who accepts payment by credit card or debit card pursuant to this section may refuse acceptance of credit or debit cards of an individual if:
(1) the individual has been convicted of a violation of Chapter 14 of Title 16;
(2) the individual has previously tendered to the court a credit or debit card or credit or debit card information which did not ultimately result in payment by the credit or debit card issuer;
(3) the bank or credit card issuer does not authorize payment; or
(4) the validity of the credit or debit card is not verifiable."
Deposit of money for incarcerated person, procedure to pay jail or detention facility
SECTION 2. Section 22-5-530 of the 1976 Code is amended to read:
"Section 22-5-530. (A) A person charged and to be tried before a magistrate or municipal judge for a violation of law is entitled to deposit with the magistrate or municipal judge, in lieu of entering into recognizance, a sum of money not to exceed the maximum fine in the case for which the person is to be tried.
(B) In a jurisdiction in which the governing body has established a system for receipt of deposits in lieu of recognizance, a person held or incarcerated in a jail or detention center who is entitled to deposit a sum of money in lieu of entering into recognizance under this section may secure his immediate release from custody by paying to or depositing the sum of money required by this section with the jail or detention facility in which he is being held.
(C) Money paid to or deposited with a jail or detention facility under the authority of this section is considered paid to or deposited with the magistrate or municipal judge in lieu of entering into recognizance and must be accounted for and paid over to the magistrate or municipal judge by the jail or detention facility for disposition according to law. Money paid to or deposited pursuant to this section must be accounted for and audited in the manner required by the governing body and any other appropriate agency.
The provisions of this section must not be construed to abrogate or otherwise affect the notice requirements for victims of crime and other rights of victims of crime provided for in Article 5 of Title 16."
SECTION 3. This act takes effect July 1, 2002, and applies to the payment of fines, fees, assessments, court costs, and surcharges made on or after that date.
Ratified the 28th day of May, 2002.
Approved the 3rd day of June, 2002.
This web page was last updated on Tuesday, December 8, 2009 at 11:31 A.M.