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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"(C)(1) Except as provided in item (2), A a professional or surety bondsman or runner whose license has been revoked cannot be issued another license for a period of one year and must meet all requirements under this chapter prior to relicensing by the department."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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