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S. 817
STATUS INFORMATION
General Bill
Sponsors: Senators McConnell and Moore
Document Path: l:\s-jud\bills\mcconnell\jud0114.gfm.doc
Introduced in the Senate on January 13, 2004
Currently residing in the Senate
Summary: Bondsman, electronic monitoring, provisions
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/13/2004 Senate Introduced and read first time SJ-32 1/13/2004 Senate Referred to Committee on Judiciary SJ-32 3/30/2004 Senate Committee report: Favorable with amendment Judiciary SJ-9 3/31/2004 Scrivener's error corrected
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VERSIONS OF THIS BILL
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COMMITTEE REPORT
March 30, 2004
S. 817
S. Printed 3/30/04--S. [SEC 3/31/04 3:43 PM]
Read the first time January 13, 2004.
To whom was referred a Bill (S. 817) to amend Section 38-53-10, Code of Laws of South Carolina, 1976, relating to definitions applicable to bail bondsmen and runners, so as to define electronic monitoring, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking the bill in it is entirety and inserting therein the following:
TO AMEND SECTION 16-3-1530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTY TO NOTIFY A VICTIM, SO AS TO PROVIDE NOTIFICATION WHEN A PERSON ACCUSED OF COMMITTING A CRIME VIOLATES HIS ELECTRONIC MONITORING; TO AMEND SECTION 38-53-10, SO AS TO PROVIDE DEFINITIONS APPLICABLE TO BAIL BONDSMEN AND RUNNERS, SO AS TO DEFINE ELECTRONIC MONITORING; TO ADD SECTION 35-53-83, SO AS TO PROVIDE THAT ONLY QUALIFIED AND LICENSED BAIL BONDSMEN MAY ENGAGE IN ELECTRONIC MONITORING OF DEFENDANTS RELEASED ON BOND AND TO PROVIDE EXCEPTIONS; TO ADD SECTION 38-53-84, SO AS TO PROVIDE FOR NOTIFICATION REQUIREMENTS OF PERSONS ENGAGED IN ELECTRONIC MONITORING; TO AMEND SECTION 38-53-150, RELATING TO LICENSING REQUIREMENTS FOR BAIL BONDSMEN, SO AS TO PROVIDE THAT A BAIL BONDSMAN'S LICENSE MAY BE DENIED, SUSPENDED, REVOKED, OR NOT RENEWED WHEN A BAIL BONDSMAN FALSELY REPRESENTS HIS MONITORING ACTIVITIES TO A COURT OF COMPETENT JURISDICTION OR FAILS TO CARRY OUT REQUIRED MONITORING ACTIVITIES; TO AMEND SECTION 38-53-170, RELATING TO UNLAWFUL ACTS OF BAIL BONDSMEN, SO AS TO PROVIDE THAT BAIL BONDSMEN SHALL NOT FALSELY REPRESENT THEIR MONITORING ACTIVITIES TO A COURT OF COMPETENT JURISDICTION OR FAIL TO CARRY OUT REQUIRED MONITORING ACTIVITIES; AND TO AMEND SECTION 38-53-340, RELATING TO PENALTIES FOR VIOLATIONS BY BAIL BONDSMEN, SO AS TO PROVIDE THAT BAIL BONDSMEN ARE CIVILLY LIABLE FOR FALSELY REPRESENTING MONITORING ACTIVITIES TO A COURT OF COMPETENT JURISDICTION OR FAILING TO CARRY OUT REQUIRED MONITORING ACTIVITIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-3-1530(4) of the 1976 Code is amended to read:
"(4) a department or agency having custody or custodial supervision of a person convicted or adjudicated guilty of committing an offense involving one or more victims must reasonably attempt to notify each victim and prosecution witness, upon request, of an escape by the person.;"
SECTION 2. Section 16-3-1530 of the 1976 Code is amended by adding:
"(5) a department or agency having custody or custodial supervision of a person accused of committing an offense involving one or more victims must reasonably attempt to notify each victim and prosecution witness, upon request, of a violation of the accused person's electronic monitoring."
SECTION 3. Section 38-53-10 of the 1976 Code is amended by adding:
"(15) 'Electronic monitoring' means monitoring a person by the use of a device which records or transmits: oral or wire communications or an auditory sound; visual images; or information regarding the person's activities."
SECTION 4. Chapter 53, Title 38 of the 1976 Code is amended by adding:
"Section 38-53-83. No person may engage in electronic monitoring of a defendant released by a court of competent jurisdiction pursuant to a bail bond unless that person is qualified and licensed as a professional bondsman, surety bondsman, or runner pursuant to the provisions of this chapter. This section does not apply to any agent or agency of the State of South Carolina or any agent or agency of any county or municipal government in South Carolina."
SECTION 5. Chapter 53, Title 38 of the 1976 Code is amended by adding:
"Section 38-53-84. A person engaged in electronic monitoring of a defendant must immediately notify the arresting agency or jail having jurisdiction over the defendant when he becomes aware or should have become aware that the defendant has violated any provision of the court's order for electronic monitoring. Upon notification, the arresting agency or jail personnel so notified must immediately notify the victim in accordance with Section 16-3-1530."
SECTION 6. Section 38-53-150(A)(11) of the 1976 Code is amended to read:
"(11) for requiring as a condition of his executing a bail bond that the defendant agree to engage the services of a specified attorney.;"
SECTION 7. Section 38-53-150(A) of the 1976 Code is amended by adding:
"(12) for falsely and intentionally representing to a court that he is electronically monitoring, has electronically monitored, or will electronically monitor a defendant who is released on bond; or for failing to electronically monitor a defendant after falsely and intentionally representing to a court of competent jurisdiction that he will electronically monitor the defendant upon his release on bond."
SECTION 8. Section 38-53-150(C) of the 1976 Code is amended to read:
"(C)(1) Except as provided in item (2), A a professional or surety bondsman or runner whose license has been revoked cannot shall not be issued another license for a period of one year, and must meet all requirements under this chapter prior to relicensing by the department."
SECTION 9. Section 38-53-150(C) of the 1976 Code is amended by adding:
"(2) A professional or surety bondsmen whose license has been revoked for a violation of Section 38-53-150(A)(12) shall not be issued another license for a period of two years, and must meet all requirements under this chapter prior to relicensing by the department."
SECTION 10. Section 38-53-170(g) of the 1976 Code is amended to read:
"(g) advise or assist the principal for the purpose of forfeiting bond.;"
SECTION 11. Section 38-53-170 of the 1976 Code is amended by adding:
"(h) falsely and intentionally representing to a court of competent jurisdiction that he is electronically monitoring, has electronically monitored, or will electronically monitor a defendant who is released on bond; or fails to electronically monitor a defendant after falsely and intentionally representing to a court of competent jurisdiction that he will electronically monitor the defendant upon his release on bond."
SECTION 12. Section 38-53-340 of the 1976 Code is amended to read:
"Section 38-53-340. (A) A person violating any of who violates the provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than thirty days, or both. (B) A bondsman is subject to a civil cause of action by the victims of any criminal acts committed: (1) by a person whom he fails to electronically monitor pursuant to the provisions of Section 38-53-170(h), or (2) by a person committed to his custody who has breached his electronic monitoring where the bondsman fails to notify the arresting agency or jail of the breach pursuant to Section 16-3-1530(5).
(C) A bondsman is not subject to liability under subsections (A) or (B)(1) when a breach of the electronic monitoring occurs as a result of: (1) unforeseeable tampering with or disabling of any electronic monitoring equipment by the person being monitored, (2) an unforeseeable malfunction of any electronic monitoring equipment, or (3) any other unforeseeable acts not within the control of the bondsman."
SECTION 13. Upon approval by the Governor, this act takes effect September 1, 2004. /
Renumber sections to conform.
Amend title to conform.
JAMES H. RITCHIE, JR. for Committee.
TO AMEND SECTION 38-53-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS APPLICABLE TO BAIL BONDSMEN AND RUNNERS, SO AS TO DEFINE ELECTRONIC MONITORING; TO AMEND SECTION 38-53-150, RELATING TO LICENSING REQUIREMENTS FOR BAIL BONDSMEN, SO AS TO PROVIDE THAT A BAIL BONDSMAN'S LICENSE MAY BE DENIED, SUSPENDED, REVOKED, OR NOT RENEWED FOR TWO YEARS WHEN A BAIL BONDSMAN FALSELY REPRESENTS HIS MONITORING ACTIVITIES TO A COURT OF COMPETENT JURISDICTION OR FAILS TO CARRY OUT REQUIRED MONITORING ACTIVITIES; TO AMEND SECTION 38-53-170, RELATING TO UNLAWFUL ACTS OF BAIL BONDSMEN, SO AS TO PROVIDE THAT BAIL BONDSMEN SHALL NOT FALSELY REPRESENT THEIR MONITORING ACTIVITIES TO A COURT OF COMPETENT JURISDICTION OR FAIL TO CARRY OUT REQUIRED MONITORING ACTIVITIES; AND TO AMEND SECTION 38-53-340, RELATING TO PENALTIES FOR VIOLATIONS BY BAIL BONDSMEN, SO AS TO PROVIDE THAT BAIL BONDSMEN MAY BE CIVILLY LIABLE FOR FALSELY REPRESENTING MONITORING ACTIVITIES TO A COURT OF COMPETENT JURISDICTION OR FAILING TO CARRY OUT REQUIRED MONITORING ACTIVITIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 38-53-10 of the 1976 Code is amended by adding:
"(15) 'electronic monitoring' means monitoring a person by the use of a device which records or transmits: oral or wire communications or an auditory sound; visual images; or information regarding the person's activities."
SECTION 2. Section 38-53-150(A)(11) of the 1976 Code is amended to read:
"(11) for requiring as a condition of his executing a bail bond that the defendant agree to engage the services of a specified attorney.;"
SECTION 3. Section 38-53-150 of the 1976 Code is amended by adding:
"(12) for falsely representing to a court that he is electronically monitoring, has electronically monitored, or will electronically monitor a defendant who is released on bond; or for failing to electronically monitor a defendant after representing to a court of competent jurisdiction that he will electronically monitor the defendant upon his release on bond."
SECTION 4. Section 38-53-150(C) of the 1976 Code is amended to read:
"(C)(1) Except as provided in item (2), A a professional or surety bondsman or runner whose license has been revoked cannot be issued another license for a period of one year and must meet all requirements under this chapter prior to relicensing by the department."
SECTION 5. Section 38-53-150(C) of the 1976 Code is amended by adding:
"(2) A profession or surety bondsmen whose license has been revoked for a violation of Section 38-53-150(A)(12) cannot be issued another license for a period of two years and must meet all requirements under this chapter prior to relicensing by the department."
SECTION 6. Section 38-53-170(g) of the 1976 Code is amended to read:
"(g) advise or assist the principal for the purpose of forfeiting bond.;"
SECTION 7. Section 38-53-170 of the 1976 Code is amended by adding:
"(h) falsely represent to a court of competent jurisdiction that he is electronically monitoring, has electronically monitored, or will electronically monitor a defendant who is released on bond; or fails to electronically monitor a defendant after representing to a court of competent jurisdiction that he will electronically monitor the defendant upon his release on bond."
SECTION 8. Section 38-53-340 of the 1976 Code is amended to read:
"Section 38-53-340. A person who violates the provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than thirty days, or both. A bondsman or runner who violates the provisions of Section 38-53-170(h) is subject to civil liability for any criminal acts committed by a person whom he fails to electronically monitor."
SECTION 9. This act takes effect upon approval by the Governor.
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